Introduction:-This is a new tax, applicable from 1st June, 2013, deducted at source on the sale of any immovable property (other than agriculture land).
However this section applicable only when sale consideration of the immovable property more than 50 Lacs.
This provision introduced by The Finance Mini5ster to improve the reporting of such transactions and prevents the circulation of black money in Real Estate Market.
Rate of TDS: – TDS on transactions of immovable property is to be deducted at 1%. If the seller has not disclosed his PAN No. , then the rate of TDS would be 20%.
Who will liable to deduct & pay tax :- TDS is required to deduct by the purchaser at the time of payment. Such TDS would be deducted from the consideration being paid to seller and have to be paid separately to the Govt. by the purchaser.
TDS deducted by the buyer at the time of making the payment to the seller has to be deposited with in a period of 7 days from the end of the month in which deduction has been made. Form 26QB has been prescribed for making such payment.
TAN No. is not mandatory :- According the provision of Section- 203A , any person deducting TDS shall also apply for a TAN No. U/s 203A. This TAN No. is mandatory required to be quoted at the time of deducting any TDS, at the time of filling return and at the time deposit of TDS with the Govt. Without holding TAN No. any person not able to deducts TDS.
However Section 194IA (3) remove such hardship. Which state that a person deducting TDS on property is not mandatory required to quote TAN No.
TDS on amount paid in Installment:- According to Sec-194IA TDS is to be deducted at the time of payment. The date of transfer is not relevant. It is not required to be deducted at the time of transfer but is required to be deducted at the time of payment.
So even if advance payment is being made TDS would be required to be deducted. In case the payment is being made in installments to the seller, then TDS would be deducted at the time of paying each installment.
More than one Buyer or Seller :- In case where more than one buyer or seller and individual purchase price of each buyer is less than 50 lacs, but the aggregate value of transaction exceed Rs 50 Lacs, then Sec-194 IA would be applicable and TDS on such property required to be deducted and deposit with the Govt. before Due date.
TDS in case when property is Finance through Bank :- Provision will also apply even when property is financed through a bank loan. Buyer will have to ensure that he himself or bank deducts tax before disbursing the loan to the seller.
Key Notes :-
1) TDS may be required to be deducted even in the case where the capital gains exempt U/s 54.
2) In this provision, provision of Sec-203A will not apply.
3) TDS on Immovable property deducted only if transaction over 50 Lacs.
4) TDS on Agriculture land is exempt. Which is define Us- 2(14) (iii)
5) The TDS Certificate shall be issued in Form 16B within 15 days from the due date of deposit.
6) Provision will also apply in case when part of the total payment made before 1st June, 2013.
7) If any advance payment made to the seller, in this case also TDS will deduct whole amount.
8) The provision will also apply even in case where buyer bought an Under Construction Property prior to the provision coming into effect but he has to make the balance payment after 1st June, 2013.
Written by – Student of ICAI,