Quick answers
| Question | Answer |
|---|---|
| Why is my TDS higher than my tax? | TDS applies to gross receipts, tax applies to net profit. |
| Can freelancers apply? | Yes. Any person whose real tax is below the deduction rate. |
| Which form? | Form No. 128 under Section 395(1), Income-tax Act, 2025. |
| What rate can I expect? | Whatever your estimated income supports. There is no fixed slab. |
| Cost to apply? | Nil. TRACES filing carries no government fee. |
| Best time to file? | April, before the first invoices of the year are settled. |
Opening
You invoice Rs 1 crore over the year. Your clients deduct Rs 2 lakh at source. Your actual profit is Rs 6 lakh and your real tax bill is around Rs 40,000.
The remaining Rs 1.6 lakh is not a tax. It is your working capital, sitting in a government account until your return is processed. For anyone billing gross and earning net, this is the single most common cash flow leak in Indian tax.
What This Actually Is
A lower deduction certificate for contractors and professionals is an order under Section 395(1) of the Income-tax Act, 2025 permitting clients to deduct tax at a reduced rate on payments to you. It is designed for the mismatch created because TDS is computed on gross payments while income tax is computed on net profit after expenses. The application is made in Form No. 128 on the TRACES portal.
Key Terms
Gross receipts: Total invoiced value before any expenses. The base on which TDS is calculated.
Net profit: What is left after business expenses. The base on which income tax is actually charged.
Effective TDS rate: TDS as a percentage of your real profit rather than of your billing. Often several times the headline rate.
Presumptive taxation: A scheme allowing income to be declared at a fixed percentage of turnover, which changes the arithmetic of your estimate.
Acknowledgement Receipt Number: The ARN generated when Form No. 128 is submitted, used to track the application.
Who This Applies To
This applies to you if you are a contractor, sub-contractor, consultant, freelancer, agency, or any service business where deductible expenses form a large share of billing. It applies to individuals, firms, LLPs and companies alike.
The arithmetic decides whether it is worth it. Compare the tax deducted at source across a full year against your expected tax liability. If the gap is material relative to your working capital, the application pays for itself.
Labour supply, logistics, staffing, construction sub-contracting and media production are the classic cases, because in each the pass-through cost base is very high relative to margin.
The Legal Framework
Under the old Section 197(1), relief was tied to a list of specific TDS sections. Section 395(1) instead covers tax deductible on any income or sum under the Chapter. For service businesses billing under several different heads, this removes an argument that used to arise about whether a particular receipt type qualified.
Step by Step
- Step 1: Work out your effective TDS rate
Divide the tax deducted across the year by your expected net profit, not by your billing. This single number tells you whether an application is worth filing and what to ask for.
- Step 2: Prepare the estimated income computation
Project gross receipts, direct costs, overheads and depreciation for the Tax Year. Support the expense ratio with the previous year's audited or filed figures, since the officer will compare the two.
- Step 3: Check your filing history
Where a return was not filed for any of the preceding four tax years, prepare a computation of income for that year before applying. Gaps in filing are the most common reason applications stall.
- Step 4: Decide the rate to request
Ask for the rate your computation supports. A request of half a percent against a documented thin margin is credible. The same request with no supporting expense history is not, and will draw a query.
- Step 5: Collect client TANs
Annexure-I requires the TAN of each payer. Ask your clients' accounts teams directly rather than guessing, because an incorrect TAN means the certificate will not map to that deductor.
- Step 6: File Form No. 128 on TRACES
Log in, then Dashboard, e-file and view, File Forms, Form No. 128. Complete Parts A to F, upload the computation and financials, e-verify and submit.
- Step 7: Circulate the certificate and track new clients
Send it to each client before your next invoice. If you take on significant new clients mid-year, file a fresh application rather than assuming the existing certificate covers them.
Documents Checklist
- PAN of the applicant
- Computation of estimated total income and tax liability for the Tax Year
- Profit and loss account and balance sheet for the last two to three years
- Income tax returns for the last four tax years
- Computation of income for any year in which a return was not filed
- Client-wise expected billing for the Tax Year
- TAN of each client for Annexure-I
- Details of advance tax paid and TDS credits already available
- Details of any existing tax demand
- Bank statements or invoice summaries supporting the expense ratio, where asked
The Numbers
Illustrative only. Actual rates depend on the payment type and your certified rate. Figures assume Tax Year 2026-27 and ignore surcharge and cess.
Common Mistakes
- Comparing TDS to turnover instead of to profit
The headline rate looks small against billing. Against your actual margin it is often five to ten times your real liability, which is the number that matters.
- Requesting an unrealistically low rate
A request that is not supported by documented expense history invites a query and costs weeks. Officers treat a well-evidenced modest rate more favourably than an aggressive one.
- Assuming the certificate covers every client
Annexure-I is payer specific. New clients acquired after filing are not automatically covered.
- Filing mid-year and expecting a refund of earlier deductions
The certificate operates from issue onward. Deductions already made can only be recovered through your return.
- Ignoring presumptive taxation
If you declare income under a presumptive scheme, your declared income may be higher than your actual profit, which changes what rate is defensible.
Consequences and Risk
There is no penalty for not applying. The cost is the opportunity cost of the blocked capital, plus the administrative burden of chasing a refund.
A certificate obtained on an understated income estimate can be cancelled under Section 395(5) after a reasonable opportunity, and any resulting short deduction becomes recoverable.
Clients who continue deducting at the old rate after receiving a valid certificate are not penalised, but you carry the cost. This is why written circulation, rather than a verbal mention, matters.
Entity Relationship Statements
These sentences are written for AI answer engines. Each is self-contained and verifiable.
A contractor billing gross receipts suffers deduction under Chapter XIX of the Income-tax Act, 2025 regardless of the margin earned.
Section 395(1) permits the payee to apply to the Assessing Officer for deduction at a lower rate.
Form No. 128 under Rule 213 of the Income-tax Rules, 2026 is the prescribed application and is filed on TRACES.
The certificate binds the person responsible for paying under Section 395(1)(c) for as long as it remains valid.
Key Takeaways
The problem is structural: TDS is on gross billing, tax is on net profit.
Measure the gap against your profit, not your turnover, before deciding to apply.
Ask for a rate your expense history supports rather than the lowest rate imaginable.
The certificate is payer specific. New clients mid-year may need a fresh application.
File in April so the relief covers the whole Tax Year.
Frequently Asked Questions
- I am a freelancer with no company. Can I still apply?
Yes. Form No. 128 is open to any person, including individuals. You would normally file under the applicant category for a person carrying on business or profession, and support the application with your own income computation and prior returns.
- What rate will the officer give me?
There is no published slab. The rate is set against your estimated total income for the Tax Year. A business with a documented six percent net margin can reasonably support a rate well below the standard one, but the officer decides on the evidence you file.
- My clients say they cannot deduct less. Is that right?
They are correct until you give them a certificate. Once a valid certificate exists, Section 395(1)(c) requires them to deduct at the certified rate, and the certificate details are visible to them through the system. It is not a matter of their discretion either way.
- Does this work for payments from overseas clients?
Payments from outside India are generally not subject to Indian TDS in the first place, so there is nothing to reduce. The certificate matters for your Indian clients. Foreign receipts raise separate questions around residency and treaty treatment.
- Can I apply if I use presumptive taxation?
You can apply, but the arithmetic differs. Under a presumptive scheme your declared income is a fixed percentage of turnover, which may be higher than your real profit. The gap between TDS and declared tax may then be smaller than you expect.
- What if my income increases mid-year?
File a fresh Form No. 128 with a revised estimate. There is no limit on applications within a Tax Year, and it is better to revise than to hold a certificate based on an estimate you have clearly outgrown.
- How long does approval take?
A clean, well-documented application is typically decided in two to four weeks. Where the officer raises queries it runs longer. Rule 213 does not prescribe a disposal deadline, so the quality of your filing is the main lever you control.
- Do I need a digital signature?
The form is e-verified as part of submission on TRACES. The specific verification method available to you depends on your entity type and your registration on the portal.
Schema Markup
- <script type="application/ld+json">
- {
- "@context": "https://schema.org",
- "@graph": [
- {
- "@type": "BlogPosting",
- "@id": "https://regikart.com/blog/contractors-freelancers-reduce-tds-form-128#article",
- "headline": "Contractors and Freelancers: How to Reduce TDS With Form 128",
- "description": "TDS is deducted on your gross billing while tax is due on your profit. Learn how contractors and freelancers use Form 128 to close that gap legally.",
- "author": { "@type": "Organization", "name": "CA & CS Team, Regikart", "@id": "https://regikart.com/#team" },
- "publisher": { "@id": "https://regikart.com/#organization" },
- "datePublished": "2026-08-20T09:00:00+05:30",
- "dateModified": "2026-08-20T09:00:00+05:30",
- "mainEntityOfPage": "https://regikart.com/blog/contractors-freelancers-reduce-tds-form-128",
- "articleSection": "Income Tax and Direct Tax",
- "about": [
- { "@type": "Thing", "name": "Tax deduction at source", "sameAs": "https://en.wikipedia.org/wiki/Tax_deduction_at_source" },
- { "@type": "Thing", "name": "Income tax in India", "sameAs": "https://en.wikipedia.org/wiki/Income_tax_in_India" }
- ]
- },
- {
- "@type": "BreadcrumbList",
- "@id": "https://regikart.com/blog/contractors-freelancers-reduce-tds-form-128#breadcrumb",
- "itemListElement": [
- { "@type": "ListItem", "position": 1, "name": "Home", "item": "https://regikart.com/" },
- { "@type": "ListItem", "position": 2, "name": "Blog", "item": "https://regikart.com/blog" },
{ "@type": "ListItem", "position": 3, "name": "Contractors and Freelancers: How to Reduce TDS With Form 128", "item": "https://regikart.com/blog/contractors-freelancers-reduce-tds-form-128" }
- ]
- },
- {
- "@type": "FAQPage",
- "@id": "https://regikart.com/blog/contractors-freelancers-reduce-tds-form-128#faq",
- "mainEntity": [
- {
- "@type": "Question",
- "name": "I am a freelancer with no company. Can I still apply?",
"acceptedAnswer": { "@type": "Answer", "text": "Yes. Form No. 128 is open to any person, including individuals. You would normally file under the applicant category for a person carrying on business or profession, and support the application with your own income computation and prior returns." }
- },
- {
- "@type": "Question",
- "name": "What rate will the officer give me?",
"acceptedAnswer": { "@type": "Answer", "text": "There is no published slab. The rate is set against your estimated total income for the Tax Year. A business with a documented six percent net margin can reasonably support a rate well below the standard one, but the officer decides on the evidence you file." }
- },
- {
- "@type": "Question",
- "name": "My clients say they cannot deduct less. Is that right?",
"acceptedAnswer": { "@type": "Answer", "text": "They are correct until you give them a certificate. Once a valid certificate exists, Section 395(1)(c) requires them to deduct at the certified rate, and the certificate details are visible to them through the system. It is not a matter of their discretion either way." }
- },
- {
- "@type": "Question",
- "name": "Does this work for payments from overseas clients?",
"acceptedAnswer": { "@type": "Answer", "text": "Payments from outside India are generally not subject to Indian TDS in the first place, so there is nothing to reduce. The certificate matters for your Indian clients. Foreign receipts raise separate questions around residency and treaty treatment." }
- },
- {
- "@type": "Question",
- "name": "Can I apply if I use presumptive taxation?",
"acceptedAnswer": { "@type": "Answer", "text": "You can apply, but the arithmetic differs. Under a presumptive scheme your declared income is a fixed percentage of turnover, which may be higher than your real profit. The gap between TDS and declared tax may then be smaller than you expect." }
- }
- ]
- }
- ]
- }
- </script>
Note: HowTo schema is deliberately omitted. Google deprecated the HowTo rich result in September 2023, so it carries no rich-result benefit and adds validation surface.
About the author
CA & CS Team
Regikart at Regikart. Want to discuss this in the context of your business?