Monday 1 May 2023

Section 194-IA TDS on sale of property

 Selling a property in India can be a daunting task, as there are various taxes and regulations to adhere to. One such tax is the TDS (Tax Deducted at Source) on the sale proceeds, which needs to be paid by the seller. The applicable TDS rate for the sale of property is 1% of the sale consideration for transactions where the sale value exceeds Rs. 50 lakhs.

However, the responsibility of deducting TDS and depositing it with the Income Tax Department lies with the buyer of the property. The TDS deducted can be claimed as a credit against the seller's tax liability at the time of filing their income tax return.

It is important to note that if the seller is a resident individual, the TDS rate may be lower or exempted under certain conditions. For instance, if the sale consideration is below a certain threshold or if the seller provides a declaration in Form 15G/15H stating that their total income is below the taxable limit.

Nonetheless, it is crucial to ensure that TDS is correctly deducted and deposited by the buyer to avoid any penalty or interest charges.

To file for TDS on the sale of property, one needs to fill Form 26QB. This is a challan-cum-statement form that needs to be submitted by the buyer of the property to the Income Tax Department.

Here are the steps to follow while filling Form 26QB for TDS on the sale of property:

Step 1: Login to the Income Tax website and click on E-file - E-pay tax - New payment. Then, select the Form 26QB option under "TDS on Sale of Property."

Step 2: Fill in the details of the buyer and seller, such as their names, addresses, and PAN numbers.

Step 3: Enter the details of the property, such as the property type, sale consideration, and the date of agreement.

Step 4: Calculate the TDS amount using the applicable rate (1% of the sale consideration if the property value exceeds Rs. 50 lakhs) and enter it in the form.

Step 5: Select the bank through which you will make the payment and enter the payment details, such as the bank name, branch name, and the date of payment.

Step 6: After completing the form, click on the "Proceed" button to generate the challan.

Step 7: Make the payment through the selected bank and obtain the acknowledgment receipt.

Step 8: Finally, submit the Form 26QB along with the acknowledgment receipt to the concerned TDS Assessing Officer.

It is important to ensure that the Form 26QB is filled accurately and submitted within the specified time frame to avoid any penalty or interest charges.

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