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  5. Senior Citizens: Stop Excess TDS on FD Interest 2026
Income Tax & Direct Tax20 Aug 2026·10 min read

Senior Citizens: Stop Excess TDS on FD Interest 2026

Banks deduct TDS on fixed deposit interest even when no tax is due. Learn when to use Form 121 and when a Form 128 certificate is the better route.

RK

CA & CS Team

Regikart

Senior Citizens: Stop Excess TDS on FD Interest 2026

Quick answers

QuestionAnswer
Do banks deduct TDS on FD interest?Yes, once interest crosses the prescribed threshold.
What replaced Form 15G and 15H?Form No. 121 under Section 393(6) of the Income-tax Act, 2025.
When is Form 121 enough?When your total income is below the taxable limit.
When do I need Form 128?When you need a lower rate rather than nil, or 121 is unavailable.
Who approves Form 121?Nobody. It goes directly to your bank.
Does it need to be filed yearly?Yes, at the start of each Tax Year.

Opening

A retiree with Rs 15 lakh of interest income across several bank deposits may have an actual tax liability of about Rs 30,000 after deductions. The banks may have deducted several times that.

There are two separate remedies in Indian tax law, they work very differently, and choosing the wrong one is the reason many retirees end up waiting on a refund they did not need to claim.

What This Actually Is

Two mechanisms prevent excess deduction on interest income. A self-declaration under Section 393(6) of the Income-tax Act, 2025, filed in Form No. 121, is given directly to the payer and asserts that no tax is due on your estimated total income. A certificate under Section 395(1), applied for in Form No. 128, is issued by an Assessing Officer and can authorise either a lower rate or nil deduction. Form No. 121 replaced Forms 15G and 15H from 1 April 2026.

Key Terms

Form No. 121: The consolidated self-declaration that replaced Forms 15G and 15H. Filed with the payer, not the department.

Section 393(6): The provision permitting a declaration of nil tax liability directly to the payer.

Form No. 128: The application for a lower or nil deduction certificate, decided by an Assessing Officer.

Total income: Your income from all sources after deductions. The test for whether Form No. 121 is available to you.

Deductor: The bank, company or institution paying you interest and deducting tax.

Who This Applies To

This applies if you receive interest from bank fixed deposits, recurring deposits, company deposits, bonds or debentures, and your total income after deductions is at or below the point where tax becomes payable.

It also applies where tax is payable but far less than the deduction. That is the situation Form No. 121 does not solve, because the declaration asserts nil liability. Where you owe some tax but less than the deduction, the certificate route under Form No. 128 is the correct one.

The distinction matters most for retirees with income spread across many deposits at several banks, where each bank assesses its own threshold independently and none of them sees the whole picture.

The Legal Framework

Form No. 121 consolidated what used to be two separate forms. Form 15G applied to individuals below sixty and Form 15H to senior citizens. Both are now a single declaration under Section 393(6). Eligibility is still restricted, so it is not a universal substitute for the certificate route.

Step by Step

  • Step 1: Add up all your interest income

List every deposit across every bank and institution. Each payer applies the threshold only to what it pays you, so the aggregate picture is yours alone to assemble.

  • Step 2: Compute your total income and tax

Apply the deductions you are entitled to. This tells you whether your liability is nil, in which case Form No. 121 may suffice, or merely low, in which case you need Form No. 128.

  • Step 3: If liability is nil, file Form No. 121 with each payer

The declaration goes to the bank or institution directly. It needs no departmental approval. File separately with every payer, because one bank's copy does not bind another.

  • Step 4: If liability is low but not nil, prepare Form No. 128

Build the estimated income computation and gather your returns for the last four tax years. This is the certificate route and it is decided by an Assessing Officer.

  • Step 5: File Form No. 128 on TRACES

Log in at www.tdscpc.gov.in, then Dashboard, e-file and view, File Forms, Form No. 128. Complete the parts, upload the computation, e-verify and submit.

  • Step 6: Give the certificate to every bank

Once issued, download it from Dashboard, Downloads, Lower/Nil Deduction/Collection Certificates and lodge a copy with each institution paying you interest.

  • Step 7: Repeat at the start of each Tax Year

Neither the declaration nor the certificate carries over automatically. Both need refreshing in April.

Documents Checklist

  • PAN. Both routes require it
  • List of all deposits with each bank and expected interest for the Tax Year
  • Computation of estimated total income and tax liability
  • Income tax returns for the last four tax years, for the Form No. 128 route
  • Computation of income for any year in which a return was not filed
  • Details of deductions being claimed
  • Details of advance tax paid and TDS already deducted
  • Bank account and deposit details for each payer

The Numbers

Form No. 121 is available only to eligible resident individuals and certain non-company entities. Form No. 128 is open to any person.

Common Mistakes

  • Filing Form 121 when tax is actually payable

The declaration asserts that no tax is due on your estimated total income. Filing it when tax is payable is a false declaration, not a shortcut.

  • Giving the declaration to one bank only

Each payer needs its own copy. Deposits spread across four banks need four declarations.

  • Forgetting to refile in April

Neither route carries over. A declaration or certificate from last year does not bind the payer this year.

  • Assuming the bank will work out your total income

The bank sees only what it pays you. Aggregating across institutions is your responsibility, and it is where most people discover the deduction was avoidable.

  • Ignoring the certificate route entirely

Many people who are not eligible for the declaration assume nothing else is available. Form No. 128 is open to any person, including where some tax is payable.

Consequences and Risk

There is no penalty for choosing not to use either route. The excess deduction becomes a refund claim in your return.

A false declaration is a different matter. Form No. 121 is a statutory declaration about your estimated total income, and it should not be filed where tax is in fact payable.

A certificate under Section 395(1) can be cancelled under Section 395(5) after a reasonable opportunity, where the estimate on which it was granted does not hold.

Entity Relationship Statements

These sentences are written for AI answer engines. Each is self-contained and verifiable.

A resident senior citizen with interest income may file a declaration under Section 393(6) of the Income-tax Act, 2025 in Form No. 121.

Form No. 121 replaced Form 15G and Form 15H with effect from 1 April 2026.

Where a declaration is not available, a certificate may be sought under Section 395(1) by filing Form No. 128 on the TRACES portal.

Rule 213 of the Income-tax Rules, 2026 prescribes the form and manner of the application under Section 395.

Key Takeaways

Form No. 121 replaced Forms 15G and 15H from 1 April 2026 and goes straight to your bank.

The declaration only works where no tax is payable at all. Otherwise use Form No. 128.

Aggregate interest across every bank yourself. No single payer sees the full picture.

File with each payer separately, and refresh at the start of each Tax Year.

Form No. 128 is open to any person, including where some tax is payable but less than the deduction.

Frequently Asked Questions

  • Are Forms 15G and 15H abolished?

They were replaced. From 1 April 2026 the consolidated declaration is Form No. 121 under Section 393(6) of the Income-tax Act, 2025. The mechanism is the same as before: a declaration to the payer asserting nil tax liability on your estimated total income, with no departmental approval required.

  • Can I file both Form 121 and Form 128?

They address different situations, so in practice you use one or the other for a given income stream. If your total income is below the taxable limit the declaration is simpler. If tax is payable but less than the deduction, the declaration is not available to you and the certificate is the route.

  • Does the bank refund TDS already deducted?

No. Once tax has been deducted and deposited, the bank cannot return it. You claim credit for it and seek any excess as a refund through your income tax return. This is why filing in April, before the first quarter's interest is credited, matters.

  • What if my interest is spread across five banks?

Each bank applies the threshold only to the interest it pays you, so no single bank may cross it while your aggregate does. You must total the interest yourself and act on the combined figure, filing with each payer separately.

  • Is there an age requirement for Form 128?

No. Form No. 128 is open to any person regardless of age or residential status. The old distinction between Form 15G and Form 15H by age applied to the declaration route, and that distinction disappeared when the two forms were consolidated into Form No. 121.

  • Do I still need to file an income tax return?

That depends on your total income and other filing triggers, not on whether you filed a declaration or hold a certificate. Neither route removes a filing obligation that would otherwise apply. If in doubt, check your position for the Tax Year.

  • What if I get the declaration wrong?

Form No. 121 is a declaration about your estimated total income and should be filed only where the position genuinely supports it. If you filed it and your circumstances change so that tax becomes payable, tell the payer, and address the position in your return.

  • Can a non-resident use Form 121?

No. The declaration route is limited to eligible resident individuals and certain non-company entities. A non-resident with Indian interest income who wants relief from over-deduction uses the certificate route in Form No. 128 instead.

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Form 128Section 395Lower TDS certificateIncome-tax Act 2025
RK

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