Form 164 under the Income-tax Act, 2025: A Clear and Updated Overview
Form 164 is a newly introduced compliance requirement under the Income-tax Act, 2025, specifically governed by Section 507 and Rule 236. It is designed as an annual reporting statement to improve transparency, strengthen tax deduction monitoring, and create a structured audit trail in the entertainment and event-based industries.
What is Form 164?
Form 164 is a mandatory annual filing that captures detailed, project-wise financial and operational information. Its primary objective is to ensure proper tracking of payments and Tax Deducted at Source (TDS), particularly in sectors where transactions are often fragmented and involve multiple stakeholders.
Who Needs to File?
The applicability of Form 164 is broad and covers all types of entities, including:
- Individuals
- Partnership firms
- Limited Liability Partnerships (LLPs)
- Companies
- Other entities engaged in specified activities
It applies to those involved in:
- Film and cinematograph production
- OTT and digital content creation
- Television programs
- Event management
- Sports events (even a single आयोजन)
- Documentaries and performing arts
Even a single project during the tax year triggers the requirement to file. In cases of co-production, each participant must file separately for their respective share. Multiple projects can be reported within a single form, but each must be disclosed distinctly.
Key Information Required
Form 164 requires structured reporting across several areas:
Project Details Nature, type, identification, and status (ongoing or completed)
Timeline Start and completion dates must be reported, even if the project is not yet finished
Payments Details of payments exceeding ₹50,000 per payee (on an aggregate basis). However, filing is still mandatory even if no payment crosses this threshold
TDS Details Information on tax deducted, applicable sections, and compliance status
Important Clarifications
- GST-related information is not required in this form
- The ₹50,000 threshold applies only for reporting payments, not for determining whether filing is required
- A Tax Deduction and Collection Account Number (TAN) is necessary only if TDS provisions apply
Due Date and Filing Process
Form 164 must be filed within 60 days from the end of the relevant tax year. Filing is done through the official income tax e-filing portal.
Once submitted, an acknowledgement number is generated. The filing status can be tracked as:
- Submitted
- Accepted
- Defective
Notifications and updates are sent via registered email and mobile number.
Penalty Position
As of now, specific penalties for non-compliance with Form 164 have not been explicitly prescribed in the referenced provisions or official FAQs. Therefore, it is advisable not to assume or quote fixed penalty amounts. However, general consequences under income tax law may include notices for defective filing or other compliance actions.
Compliance Impact
Form 164 significantly expands compliance requirements in the entertainment and event sectors. It enforces continuous record-keeping and improves oversight of TDS obligations. The scope includes not only large production houses but also freelancers, small producers, and single-event organizers.
Practical Approach
To comply effectively:
- Maintain project-wise accounts from the beginning
- Track all payments vendor-wise with PAN details
- Evaluate TDS applicability for each transaction
- Obtain TAN where required
- Clearly document cost-sharing in co-production arrangements
- Prepare and organize data well before the year-end
Conclusion
Form 164 represents a shift toward greater transparency and structured reporting in industries that traditionally operated with fragmented financial practices. By mandating project-level disclosures and strengthening TDS tracking, it aims to reduce revenue leakages and improve tax compliance. Entities operating in these sectors should adopt disciplined record-keeping and proactive compliance practices to meet this requirement efficiently.