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TDS on salary vs professional fees: employee or consultant?

1 min read

Startups often pay people in three ways: as employees, as professionals or consultants, and as contractors. Each has different TDS rules. Classifying a payment wrongly leads to short deduction, interest and disallowed expenses.

The three categories

PaymentSection (2025 Act / old)TDS rateThreshold
Salary to employees392 / 192Slab rates on estimated annual incomeBasic exemption limit
Fees for professional services393(1) / 194J10%₹50,000 a year per payee
Fees for technical services393(1) / 194J2%₹50,000 a year per payee
Payments to contractors393(1) / 194C1% (individuals/HUF), 2% (others)₹30,000 per payment or ₹1,00,000 a year
Director's remuneration not as employee (sitting fees, commission)393(1) / 194J10%No threshold

Employee or consultant?

The label in a contract is not decisive. Tax authorities look at control over how work is done, fixed hours, exclusivity, benefits, and whether the person carries business risk. A full-time "consultant" working only for you under your direction may be treated as an employee.

Frequently asked questions

No, if GST is shown separately on the invoice, TDS is deducted on the amount excluding GST.

TDS is deducted at a higher rate (generally 20%).

This guide is general information, not legal advice. Government fees and procedures change; confirm current figures before you file.

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