TDS Return Form 138 is a quarterly statement used to report tax deducted from salaries and certain pension or interest income paid to specified senior citizens. It replaces the earlier Form 24Q under India's new income-tax framework. Employers and specified banks must file it when the applicable tax rules require them to deduct TDS.ย
The form records details of the deductor, the people receiving payments, the tax deducted and the tax deposited with the government. The regular due dates are 31 July, 31 October, 31 January and 31 May. Filing it correctly and on time helps maintain accurate tax records and avoid late filing fees or other consequences.
Imagine a company paying salaries to its employees every month. Before paying their salaries, the company deducts a certain amount as tax and deposits it with the government. But is depositing the tax enough? No. The company must also tell the Income Tax Department how much tax it deducted, from whom it deducted the tax, and how much it deposited. This is where TDS Return Form 138 comes in.
Need help with TDS return filing? Connect with Startup Movers for TDS compliance, return preparation, filing assistance and other tax-related services to help your business meet its compliance requirements.
TDS Return Form 138 is a quarterly tax statement that tells the Income Tax Department how much tax an employer or specified bank has deducted from certain payments and deposited with the government.
To understand it, imagine a company paying salaries to its employees. If the company is required to deduct tax from an employee's salary, it deducts the applicable amount before paying the remaining salary. The deducted tax is then deposited with the government.
After deducting and depositing the tax, the company must report the details to the Income Tax Department through the required TDS statement. Form 138 is used for reporting salary TDS and certain pension or interest income paid to specified senior citizens, where the relevant provisions apply.
Earlier, employers used Form 24Q to report TDS deducted from salaries. Under the Income-tax Act, 2025 and Income-tax Rules, 2026, Form 138 is the corresponding form under the new tax framework.
In simple words, Form 138 is a report that tells the government how much tax was deducted from covered payments, who paid the tax, and how much was deposited.
It is generally filed once every quarter, which means four times during the year.
The main purpose of Form 138 is to report TDS deductions and help the Income Tax Department maintain accurate tax records.
It serves several important purposes:
Form 138 must be filed by the following persons when the applicable TDS provisions require them to deduct tax.
Employers, including companies, partnership firms and government bodies, must file Form 138 when they deduct TDS from employeesโ salaries under the applicable income-tax rules.
For Tax Year 2026โ27, the basic exemption limit under the new tax regime is โน4 lakh. Under the old tax regime, it is generally โน2.5 lakh for individuals below 60 years, โน3 lakh for resident senior citizens aged 60โ79, and โน5 lakh for resident super senior citizens aged 80 or above.
These are basic exemption limits, not fixed gross-salary thresholds. Whether TDS must be deducted depends on the employeeโs estimated taxable income, applicable tax regime, and eligible deductions or rebates.
Example: If an employeeโs estimated tax liability is nil after applying the relevant rules and rebates, salary TDS may not be required. If the employer deducts TDS, it must report the deduction through Form 138 for the relevant quarter.
Specified banks must also file Form 138 when they deduct TDS from pension or interest income covered by the relevant provisions for specified senior citizens.
This requirement applies only to the categories of income and persons covered by the law. It does not mean that every payment made by a bank to a senior citizen must be reported through Form 138.
Form 138 contains details about the deductor, the tax deducted, the person receiving the payment and the amount deposited with the government.
The form has the following main parts and annexures.
|
Part of Form 138 |
Details Included |
|
Part A |
Details of the deductor and the person responsible for deducting tax, including their name, address, PAN, TAN and contact details. |
|
Part B |
Details of tax deducted and deposited with the Central Government, including tax amounts, interest, fees, payment method and challan details, where applicable. |
|
Annexure I |
Person-wise details of payments and TDS deductions. This annexure is required for all four quarters. |
|
Annexure II |
Annual salary details, deductions, rebates and net tax payable for employees. This annexure is required in the fourth quarter (Q4). |
|
Annexure III |
Annual pension and interest income details, deductions, rebates and net tax payable for specified senior citizens. This annexure is required in Q4 where applicable. |
Official sources:Income Tax Department โ Form 138 Comprehensive Note
The exact details required depend on the type of deductor and the income being reported.
Before filing Form 138, the employer or deductor should keep the following documents and information ready:
The required information may vary depending on whether the statement is being filed by an employer or a specified bank.
Form 138 can be filed in two ways: online through the Income Tax portal or offline at a TIN Facilitation Centre (TIN-FC).
Before filing, prepare the form using the prescribed Return Preparation Utility (RPU) and check it for errors using the File Validation Utility (FVU).
Important: Use the latest applicable filing utility and follow the current instructions. Check the filing status to confirm that your statement has been accepted.
Form 138 is generally filed quarterly, meaning one statement is submitted for each three-month period.
The regular due dates are:
|
Quarter |
Period Covered |
Due Date |
|
Q1 |
April to June |
31 July |
|
Q2 |
July to September |
31 October |
|
Q3 |
October to December |
31 January |
|
Q4 |
January to March |
31 May of the following year |
There is generally no separate government filing fee for submitting Form 138 on time. However, late filing or other defaults may lead to additional charges or penalties under the applicable law.
Under the established TDS statement late-filing fee provision, the fee is โน200 for each day of delay, subject to a maximum equal to the amount of TDS covered by the statement.
For example: if a statement is delayed by 10 days, the calculated fee would be โน2,000, provided this does not exceed the applicable TDS amount.
The precise provision applicable to the relevant tax year should be checked before filing.
A separate penalty may apply for failing to file the statement or submitting an incorrect statement, depending on the applicable legal provisions and circumstances.
Under the earlier Income-tax Act, 1961, Section 271H provided for a penalty ranging from โน10,000 to โน1,00,000 in covered cases, subject to the applicable conditions and relief provisions.
For Form 138 under the Income-tax Act, 2025, the corresponding provisions applicable to the relevant tax year should be checked rather than automatically applying the old section number.
If an employer hires a tax professional to prepare, file or correct the statement, professional service charges may apply. These charges are separate from government fees
TDS Return Form 138 helps employers and specified banks report tax deducted from covered payments to the Income Tax Department. It is generally filed every quarter and includes details of the deductor, payment recipients, tax deductions and tax deposits. Keeping the required records ready makes filing easier and helps reduce errors. Filing on time and checking the statement carefully can also help avoid late fees and other compliance issues.
Need help with TDS return filing? Connect with Startup Movers for TDS compliance, return preparation, filing assistance and other tax-related services to help your business meet its compliance requirements.
Disclaimer: This content is published for informational and educational purposes only and should not be considered legal, tax, financial, or professional advice. Please consult a qualified professional before making any financial or business decisions. Startup Movers shall not be liable for any loss or damage arising from reliance on this content.
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