Select Location

NRI owns property in India, Selling an apartment. Told that TDS @20% to be deducted by buyer. Right? Am I entitled to a refund from the taxman?

0 likes
1 answers
NA
Posted on 16-Mar-17
Advocate default
Answered on 15-Aug-19
From June 1st 2013, when a buyer buys immovable property (i.e. a building or part of a building or any land other than agricultural land) costing more than Rs 50lakhs, he has to deduct TDS when he pays the seller. This has been laid out in Section 194-IA of the Income Tax Act. Here are the requirements of this section: The buyer has to deduct TDS at 1% of the total sale consideration. Note that the buyer is required to deduct TDS, not the seller. No TDS is deducted if sale consideration is less than Rs 50lakhs. If installments are being paid TDS has to be deducted on each installment. Tax is to be paid on the entire sale amount. For example, if you have bought a house at Rs 55lakh, you have to pay tax on Rs 55lakh and not on Rs 5lakh (i.e. Rs 55lakh - Rs 50lakh). This is applicable even when there is more than 1 buyer or seller. If you are the buyer, you do not need to obtain a TAN (Tax Deduction Account Number) number. If you are the seller, you have to provide your PAN or else TDS is deducted at 20%. PAN of the buyer is also mandatory. TDS is deducted at the time of payment or at the time of giving credit to the seller, whichever is earlier. This TDS has to be deposited along with Form 26QB within 7 days from the end of the month in which TDS was deducted. After depositing TDS to the government, the buyer is required to furnish the TDS certificate to the seller. This is available around 10-15 days after depositing the TDS. Thus for paying TDS the seller is required to obtain Form 16B and the buyer is required to obtain Form 26QB. feel free to get in touch if you need any other advice regards chetan priyadarshi
0 Comments
You need to be logged in to comment

Related questions

PCC encroachment matter

Hi, I have constructed a house on my rayati land in 2022 and there is a 5 feet PCC road in front of house which was laid down under chief minister regional development scheme in 2014-2015 on the rayati land of other parties. They didn't show any objection during the construction of PCC road but now after several years when I constructed my house they have put brick wall on pcc road completely blocking my passage out of house. A writ petition 6580/20204 was filed in honourable patna high court where honourable court issued direction that if a petition will be filed under provision of bihar public land encroachment act 1956, the circle officer will consider same and take appropriate action but after filing petition to CO they didn't take any action and made a report that the PCC road constructed over rayati land hence no action can be taken under bihar public land encroachment act 1956. Please suggest what shall I do next as I am not able to reside in my house due to blocked passage. Thank you, Saurav
0 likes
0 answers
Property Law
Posted on 09-Nov-24

Tenant has no rights on rental property as per rental agreement. Can owner start using the property though tenant is not vacating.

We have a rental agreement for a commercial property and registered it with https://www.tenancy.tn.gov.in/ for a period of 11 months. Rental agreement has a condition that on breach of rental conditions (default on rent payment) or termination of rental agreement, tenant has no rights on the rented premises. Tenant didn't pay rent for 6+ months and the tenant agreed in a written statement to vacate the property by the end of last month but failed to vacate. My question is, Since the tenant has no rights to the rented property as per rental agreement, can we start using our property and remove his belongings? Can we file a police complaint for trespassing into our property and preventing us from entering our property? Can we file a complaint with the Tamilnadu rent authority? If so, how to do it.
0 likes
0 answers
Property Law
Posted on 03-Oct-24

Is it legal for family members to claim a property after 12 years

There are 5 family members A B C D and E F is mother of these family members After death of F's husband F divided ancestral properties of her husband between A through F unequally through plain white paper in 2009 with signatures of all A-F on unregistered partition deed. 'A' got larger share A-E got RTC transfered to themselves separately on their shares of ancestral properties on the same day in 2012. Many of A-E got alienated their shares, absolutely with no interference from any one of A-F. A-E individually were in peaceful possession of their share ancestral properties from 2012 till date which completes 12 years in oct'24. Person A sold one of his share of so divided ancestral property to a person G in 2016. In 2021 G sold this self-acquired property to H. H got RTC transferred in his name, planted few more coconut trees and recently fenced the land also Is it legal to for A-F to claim this property which i want to purchase from H
0 likes
0 answers
Property Law
Posted on 29-Sep-24
Find the best lawyers/advocates and book legal services.