What is TDS on Property?
TDS on Property refers to the Tax Deducted at Source (TDS) on the purchase of immovable property. The buyer is responsible for deducting a pre-determined percentage of tax from the payment made to the seller, which is then deposited with the government on the seller’s behalf.
Who is Responsible for TDS on Property?
- Buyer: The buyer is responsible for deducting TDS at the time of making the payment for the property.
- Seller: The seller must provide their PAN details to the buyer to ensure correct TDS deduction.
When is TDS on Property Applicable?
- Threshold Limit: TDS applies only when the sale consideration of the property exceeds ₹50 lakh.
- Type of Property: It applies to both residential and commercial properties.
- Payments Covered: It applies to all payments related to the property purchase, including advances, full payments, and installments.
What is the Rate of TDS on Property?
- Current Rate: The standard rate of TDS is 1% of the sale consideration.
- Special Case: If the seller does not provide their PAN, the TDS rate increases to 20%.
How to File TDS on Property?
- Deduct TDS: Calculate and deduct the applicable TDS based on the sale consideration (1% or 20%).
- Submit Form 26QB: File Form 26QB electronically within 15 days from the month of deduction via the TIN website.
- Deposit the Deducted Amount: Pay the deducted TDS to the government through authorized banks.
- Issue TDS Certificate: After the payment, generate Form 16B and issue it to the seller, showing the tax deducted and deposited.
Consequences of Non-Compliance:
- Buyer: A penalty of 1% per month on the deducted amount for delayed filing.
- Seller: Interest at 1% per month on the tax payable from the due date.
Additional Points:
- It’s advisable to consult a tax professional for guidance on TDS on property transactions.
- Keep all documents related to the property purchase and TDS deduction for future reference.
- Use online resources provided by the tax authorities to simplify filing and compliance.
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