TDS on Purchase of Property: Meaning, How to Pay Via Challan 26QB And Penalty for Non-Payment

Income Tax

A TDS or Tax Deducted at Source denotes the tax deducted by the payer on payment made to the recipient. While most buyers are informed about tax liabilities related to the sale of property, not many people know about the TDS on purchase of a property. TDS is applicable to payments connected with the purchase of an immovable property. Any individual purchasing a property from a transferor must deduct tax on any amount paid. 

If you are planning to buy a property, learn about TDS on purchase of property, TDS on property purchase from an NRI, TDS rates, how to pay TDS, how to deposit TDS online and penalty for not filing Form 26QB. Read on!

What is TDS on Purchase of Property?

According to Section 194-IA of the Income Tax Act, the TDS on property purchases worth above 50 lakh is applicable at the rate of 1%. Such properties include residential property, land and commercial property. Buyers are required to deduct the TDS either when they are implementing the conveyance deed or when making payment of any required advance before executing the deed. 

Furthermore, individuals are required to pay TDS on the purchase of immovable property to the Central Government within a span of 30 days from the last day of the month wherein tax is deducted. Here, agricultural land is an exception. The buyer must provide a TDS certificate to the seller 15 days prior to the due date of depositing the tax-sheet.

Note that the rate of TDS on property purchases from an NRI is not similar. If an NRI sells a property, the buyer is eligible to deduct TDS at 20% when purchasing a property from an NRI. However, if the property was sold 2 years from the purchase date, TDS on property purchase could increase to 30%. 

This is because tax deduction in terms of long-term capital gains is 20%, and short-term gains are taxable based on the applicable income tax slab rates for NRIs in India.

When an individual files forms for TDS on purchase of property, individuals are required to fill out Form no. 26QB. If there is more than one seller or buyer, one needs to fill out Form 26QB with all required details.

How to Pay TDS via Challan 26QB?

After this, you need to register on TRACES you are using this portal for the first time. You can complete this registration by using PAN and registered Challan number. After this registration, you will receive an authorised Form 16B (TDS certificate). Individuals can issue it to the seller.

How to Obtain Form 16B?

To obtain Form 16B, individuals need to follow this step-wise procedure mentioned below:

Step 1: After successful payment, click on Form 16B. 

Step 2: To complete this process successfully, enter the seller’s PAN information and acknowledgement details related to the property. Next, click on ‘Proceed’.

Step 3: Verify all details and select ‘Submit a request.’

Step 4: The processing of your request will take a few hours. Click on ‘Downloads’ from the available drop-down menu.

Step 5: Status of Form-16B download request will appear as ‘Available’.

Step 6: If status shows ‘submitted’, wait for some more hours and repeat the previous step.

Step 7: You need to download the zip file, and you will find Form 16B inside it.

TDS on Instalment Payment

According to Section 194-IA, TDS on a land purchase or any other immovable property purchase is deducted during payment. Therefore, the transfer date is not important as TDS does not take place during the time of transfer but at the time of payment. Therefore, irrespective of the transfer date, TDS needs to be deducted at the time of payment. So, if one makes a payment in advance, a TDS deduction will take place. 

Moreover, in case payment for property purchase is made in instalments to the seller, the TDS will be deducted during the time of paying each instalment.

This TDS deduction is required when an instalment is paid to the developer and not when EMI is paid to a financial institution. If the financial institution has paid the builder, this payment is made to the developer on the buyer’s behalf.

Also Read: A Step-By-Step Guide To Make TDS Payment Online

TDS if there’s More than One Buyer and/or Seller

In some situations, there’s a chance that more than one buyer is involved in a property. In such cases, if the individual price of property purchase of each buyer is below a certain limit of Rs. 50 lakh, but the entire value of a transaction is more than Rs.50 lakh here, Section 194IA of the Income Tax Act is applicable. In such a scenario, TDS on a property’s sale will be deducted and deposited to the government before the stipulated date.

On the other hand, there are chances of the involvement of more than one seller in the transaction process. In such cases, if the individual property sale price of each seller is less than Rs. 50 lakh, but the absolute value is more than Rs. 50 lakh, a TDS on property’s sale in case of joint sellers will be deducted by buyer while making payments.

Penalty for Not Filing Form 26QB

If an individual files a TDS return after the stipulated time, a penalty of Rs. 200/day will be imposed till the late filling continues. However, this penalty must not exceed the TDS amount for which the form has not been filed.

How to Deposit TDS on Property Purchase Online?

To pay TDS on the purchase of property, individuals need to obtain a tax deduction account number (TAN). However, if the property is immovable, you do not have to obtain TAN. 

Here is the step-wise guide to pay TDS online:

Step 1: Visit the Tin-NSDL website.

Step 2: Select ‘TDS on sale of a property.’

Step 3: Next, select ‘online form for furnishing TDS on a property.’

Step 4: Choose the form stating ‘TDS on sale of a property.’

Step 5: Fill in necessary details of both buyer and seller, including property details, personal details, PAN, tax deposit, etc.

Step 6: Individuals need to confirm the submission and save this number for future reference.

Step 7: Make payment through net banking.

Also Read: How to File TDS Returns Online: A Step-By-Step Guide

Final Word

A comprehensive knowledge about TDS while planning to invest in a property can. Knowing about these deductions in detail will allow individuals to avoid paying additional fees or penalties. 

FAQs on TDS on Purchase of Property

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This article has been prepared on the basis of internal data, publicly available information and other sources believed to be reliable. The information contained in this article is for general purposes only and not a complete disclosure of every material fact. It should not be construed as investment advice to any party. The article does not warrant the completeness or accuracy of the information, and disclaims all liabilities, losses and damages arising out of the use of this information. Readers shall be fully liable/responsible for any decision taken on the basis of this article.