TDS on Professional Fees: Section 393 (old 194J)

If you pay fees to a doctor, lawyer, CA, consultant, IT developer, or any professional above ₹30,000 in a year, you must deduct 10% TDS before paying them. Most small businesses and startups pay freelancers without TDS. The professional loses nothing (gets TDS credit). But the payer becomes an assessee in default with interest and penalty equal to TDS.

Sec 393, Income-tax Act 2025 (old Sec 194J) rate clarification, 2% vs 10%: From April 1, 2020: professional services (doctor, lawyer, CA, architect, technical consultant) = 10%. Technical services (IT maintenance, call centre, software support, data analytics) = 2%. This split matters: a company paying an IT developer for software maintenance (technical services) deducts 2%, not 10%. But same company paying IT consultant for strategic advice (professional services) = 10%. The distinction is blurred in practice, when in doubt, use 10%. When Sec 393 (old Sec 194J) applies to startups and small companies: A Pvt Ltd company (even with ₹50L revenue) must deduct TDS under Sec 393 (old Sec 194J) if they pay professional fees. The audit threshold exemption is for individuals/HUF only. Any company = must deduct Sec 393 (old Sec 194J). Many startups miss this, they pay CA, lawyers, freelance developers and don't deduct TDS. Common audit exposure.