Answered on February 07,2020
The Income-tax Act of India mandates that those who are paying rent to NRIs must deduct TDS(Tax Deducted at Source) at 31.2%. The responsibility of deducting TDS rests on the tenant, who is likely to face penal consequences for not doing so. In case your son does not have taxable income in India or tax rate applicable on his total income in India is lower than 31.2%, he can apply for a certificate for lower TDS deduction by filling up Form 13. The income tax officer will issue a certificate for nil or lower TDS deduction. This certificate is issued for each financial year. Unfortunately, due to the provisions made in the law, you cannot deposit advance tax on his behalf to avoid TDS.