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Section 197 (Section 395(1) of the Income Tax Act, 2025) · Income Tax Act

Lower Deduction Certificate: Reduce Excess TDS

Stop overpaying tax on income you've already earned.

A Lower Deduction Certificate lets tax be deducted at your actual estimated liability, not the standard rate, so your money isn’t blocked for months waiting on a refund.

Filed under Form 128 (formerly Form 13)Fully online via the e-Filing portalNRIs, businesses & foreign companies eligible
Illustrative · TDS before & after Section 197
Standard TDSApproved rate (as low as Nil)
Without certificateTDS at standard rate on full receipt
With certificateTDS aligned to estimated liability

Actual approved rate depends on your case-specific tax computation and Assessing Officer review. This is not a guaranteed outcome.

The problem

Why excess TDS keeps hurting your cash flow

Without a Lower Deduction Certificate

  • • TDS deducted at the standard prescribed rate, regardless of actual liability
  • • Excess tax stays blocked until your return is filed and processed
  • • Refund processing can take several months
  • • Working capital and liquidity take a direct hit

With a Lower Deduction Certificate

  • • TDS deducted at the rate approved under Section 197 (Section 395(1) of the Income Tax Act, 2025)
  • • Better cash flow throughout the financial year
  • • Reduced dependence on income tax refunds
  • • Funds stay available for growth and investment
What it is

A certificate that aligns TDS with what you actually owe

A Lower Deduction Certificate (LDC), also called an LTDC, is issued by the Income Tax Department under Section 197 (Section 395(1) of the Income Tax Act, 2025). It allows Tax Deducted at Source to happen at a lower rate, or in approved cases a nil rate, instead of the standard rate. Searches for a certificate under Section 195 usually mean TDS on payments to non-residents. Section 195 (now 393(2)) is the provision that requires the deduction, and the certificate, applied for under Section 197 (now 395(1)) on Form 128, is what lowers the rate under it. It’s issued for a specific validity period, deductor, and transaction, and it does not automatically extend to every payment. For many foreign companies and NRIs, a treaty-based review can also be relevant before deciding whether the deductible rate should be assessed under a DTAA or the domestic regime. Learn more about DTAA Advisory. A foreign company with a branch, project office, or other India-sourced income also has a return to file: our Foreign Company Tax Return in India page covers permanent establishment, rates, and ITR-6 filing.

✓

Pay TDS on estimated liability

Not the flat standard rate that ignores your actual numbers.

✓

Avoid excess deductions

Stop money sitting idle with the department longer than it should.

✓

Improve cash flow

Keep more working capital available through the year, not just at refund time.

✓

Stay compliant

Aligned with the law, with no grey areas and no shortcuts.

Who it’s for

Who can apply for a Lower Deduction Certificate?

Individuals

Professional fees, rent, interest

Where the prescribed TDS rate is higher than your expected annual tax.

Businesses

Low margins or carried-forward losses

Prevents excess TDS from blocking working capital.

Companies

Lower taxable income or benefits

Where deductions are expected to exceed estimated liability.

Firms & LLPs

Partnership & LLP receipts

Eligible where deduction exceeds projected liability.

NRIs

Property sale, rent, interest, dividends

Avoid large refunds and access funds sooner.

Foreign Companies

Royalty, FTS, interest from India

Subject to the Act and applicable DTAA benefits.

Trusts

TDS-applicable trust income

Eligible where estimated liability is lower than prescribed rate.

Timing

Apply before TDS is deducted, not after

Once tax has already been deducted, the excess can generally only be recovered by claiming a refund after filing your return. A Lower Deduction Certificate works prospectively and reduces TDS on future payments, not tax already withheld.

Start of the financial year

Best for anyone expecting regular payments through the year, because the certificate applies from day one.

Before selling a property

If expected capital gains tax is lower than the standard TDS the buyer would deduct.

Before high-value payments

Businesses, contractors, and consultants expecting large receivables.

Before rental or interest income

Where the prescribed TDS rate exceeds your actual estimated liability.

Before payments to NRIs

Sale proceeds, rent, professional fees, interest, or dividends, so apply before release.

How it works

Section 197 (Section 395(1) of the Income Tax Act, 2025) in four steps

1

Submit Form 128

Filed with financial details and supporting documents.

2

AO reviews the case

Estimated income, tax liability, and compliance history are examined.

3

Certificate issued

Specifies the approved rate, covered transactions, and validity.

4

Deductor applies the rate

TDS is deducted at the certified rate for eligible payments.

The process

How to apply for a Lower Deduction Certificate

1

Check eligibility

Confirm estimated liability is lower than default TDS; prepare an accurate computation.

2

Gather documents

Income details, computations, prior ITRs, financial statements.

3

Submit Form 128

Filed via the e-Filing portal with accurate, consistent details.

4

Department review

The AO may request clarification or additional documents.

5

Receive certificate

Share it with the deductor so future payments use the approved rate.

Documentation

Documents required for your application

ApplicantCommon documents required
IndividualsPAN, estimated income details, tax computation, previous ITRs
BusinessesPAN, financial statements, tax computation, previous ITRs
CompaniesPAN, financial statements, estimated income, previous ITRs
Partnership Firms / LLPsPAN, partnership deed or LLP documents, tax computation
NRIsPAN, passport (where applicable), tax computation, India income details
Foreign CompaniesPAN, incorporation documents, tax computation, supporting agreements
TrustsPAN, trust deed, financial statements, tax computation

The Income Tax Department may request additional documents based on the nature of your application.

Good to know

Timeline, validity & renewal

i

Processing time

Around 45 days from filing Form 128, provided the application and documents are complete. Incomplete filings take longer.

i

Validity

Valid only for the period, deductor(s), and transactions named in the certificate, and it does not extend automatically.

i

Renewal

A fresh application is needed for each subsequent period, and it should be submitted before the existing certificate expires.

By taxpayer type

Lower Deduction Certificate for different taxpayers

Helps reduce excess TDS on eligible payments such as property sales, rent, interest, and professional fees where estimated tax liability is lower.

Our services

End-to-end Lower Deduction Certificate support

01

Lower Deduction Certificate Services

Eligibility review, tax computation, application filing, and end-to-end support.

02

LTDC Services

Assistance with Lower Tax Deduction Certificate applications for eligible taxpayers.

03

Section 197 Certificate Services

Preparing and filing applications under Section 197 (Section 395(1) of the Income Tax Act, 2025).

04

Lower TDS Certificate Services

Support for obtaining a lower rate of TDS based on estimated liability.

05

Nil Deduction Certificate Services

Assistance where a nil rate of TDS may be applicable, subject to eligibility.

Why CashStream Advisors

How we prepare your application

We prepare the tax computation that supports your application, and check it against your documents before filing.

✓Experience with NRI, business, and foreign entity applications
✓Accurate tax computation to determine the right rate
✓Active follow-up on departmental queries
✓End-to-end support through to certificate issuance
Common pitfalls

Why applications get rejected

!

Incorrect tax computation that doesn’t reflect estimated liability accurately

!

Missing or incomplete supporting documents

!

Outstanding tax demands or unresolved compliance issues

!

Inconsistent financial information between application and records

!

Late filing that leaves too little time before payment is made

!

We verify your computation, documents, and consistency before filing on your behalf.

Real outcomes

Case studies

NRI Property Sale

Reducing excess TDS on sale proceeds

How proper estimated-tax computation brought a property sale’s TDS down to the client’s actual liability instead of the standard rate.

Read the full case study
Foreign Company

Payments received from India

How a foreign company secured an appropriate deduction rate on royalty and technical service fee income.

Read the full case study
FAQs

Frequently asked questions

A certificate issued by the Income Tax Department under Section 197 (Section 395(1) of the Income Tax Act, 2025), allowing tax to be deducted at a lower rate or, where approved, a nil rate instead of the standard TDS rate.

Need help applying for a Lower Deduction Certificate?

A well-prepared application avoids unnecessary delays. We handle eligibility assessment, documentation, filing, and follow-up with the department from end to end.