• Jun
  • 05
  • 2013

TDS on Purchase of Immovable Property – FAQ , Payment Procedure

Posted In Income Tax | , | 33 Comments » Print Friendly and PDF

As per Finance Bill of 2013, TDS is applicable on sale of immoveable property wherein the sale consideration of the property exceeds or is equal to Rs 50,00,000 (Rupees Fifty Lakhs). Sec 194 IA of the Income Tax Act, 1961 states that for all transactions with effect from June 1, 2013, Tax @ 1% should be deducted by the purchaser of the property at the time of making payment of sale consideration. Tax so deducted should be deposited to the Government Account through any of the authorised bank branches.

Facility for furnishing information regarding the transaction of sale of immoveable property and payment of TDS thereof is available on this website.

Detailed procedure, user friendly e-tutorial, list of Bank branches authorised to accept TDS and Frequently Asked Questions (FAQs) are available on this website for reference.

Points to be remembered by the Purchaser of the Property:

  1. Deduct tax @ 1% from the sale consideration.
  2. Collect the Permanent Account Number (PAN) of the Seller and verify the same with the Original PAN card.
  3. PAN of seller as well as Purchaser should be mandatorily furnished in the online Form for furnishing information regarding the sale transaction.
  4. Do not commit any error in quoting the PAN or other details in the online Form as there is no online mechanism for rectification of errors. For the purpose of rectification you are required to contact Income Tax Department.

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Points to be remembered by the Seller of the Property:

  1. Provide your PAN to the Purchaser for furnishing information regarding TDS to the Income Tax Department.
  2. Verify deposit of taxes deducted by the Purchaser in your Form 26AS Annual Tax Statement.

What is TDS on property?

The Finance Bill 2013 has proposed that purchaser of an immovable property (other than rural agricultural land) worth Rs 50 lakh or more is required to pay withholding tax at the rate of 1% from the consideration payable to a resident transferor

Who is responsible to deduct the TDS on sale of Property?

According to rules in respect of tax deducted at source, buyer of the property would have to deduct the TDS and deposit the same in Government treasury.

I am Buyer, do I required to procure TAN to report the TDS on sale of Property?

Buyer or Purchaser of the property is not required to procure Tax Deduction Account Number (TAN). The Buyer is required quote his or her PAN and sellers PAN.

What if I don’t have the PAN of the seller is it Mandatory?

PAN of the seller is mandatory. The same may be acquired from the Seller before effecting the transaction.

How can I use this facility to pay TDS on sale of Property?

The Buyer of the property (deductor of tax) has to furnish information regarding the transaction online on the TIN website. After successfully providing details of transaction deductor can:

  • Either make the payment online (through e-tax payment option) immediately;
  • Or make the payment subsequently through e-tax payment option (net-banking account) or by visiting any of the authorized Bank branches. However, such bank branches will make e-payment without digitization of any challan. The bank will get the challan details from the online form filled on www.tin-nsdl.com

tds on property

If I encounter any error on NSDL site while entering the online form details what should I do?

If any problem is encountered at the NSDL website while entering details in the online form then contact the TIN Call Center at 020 – 27218080 or write to us at tininfo@nsdl.co.in (Please indicate the subject of the mail as Online Payment of Direct Tax).

PAYMENT THROUGH e-TAX PAYMENT OPTION IMMEDIATELY

What is the procedure for furnishing TDS through the e-tax payment option immediately after providing the transaction details?

E-Payment facilitates payment of taxes online by taxpayers. To avail this facility the taxpayer is required to have a net-banking account with any of the Authorized Banks. Please follow the steps as under to pay tax online:-

Step 1

a) Log on to NSDL-TIN website (www.tin-nsdl.com).
b) Click on the option “Furnish TDS on property”.
c) Select Form for Payment of TDS on purchase of Property.

Step 2

After selecting the form you will be directed to the screen for entering certain information.

Example:-

a) Permanent Account Number (PAN) of Property Purchaser and Seller.
b) Address of the Purchaser, Seller as well as the Property being purchased
c) Financial Year during which the Purchase has been made
d) Major Head Code – To indicate the type of tax applicable viz; Tax on companies/Tax on other than companies
e) Value of Property
f) Date of agreement/booking
g) Amount Paid/credited (Transaction amount)
h) Rate of TDS
i) TDS Amount
j) Dates of payment/credit, deduction
k) Select the option for “Payment of taxes immediately”

It is important to ensure that PAN of Buyer and Seller are correctly mentioned in the form. There is no online mechanism for subsequent rectification. Deductor will have to approach the Assessing Officer or CPC-TDS for rectification of errors.

Step 3

After entering all the above detail, click on PROCEED button. The system will check the validity of PAN. In case PAN is not available in the database of the Income Tax Department then you cannot proceed with the payment of tax.

If PAN is available then TIN system will display the contents you have entered along with the “Name” appearing in the ITD database with respect the PAN entered by you.

Step 4

You can now verify the details entered by you. In case you have made a mistake in data entry, click on “EDIT” to correct the same. If all the detail and name as per ITD is correct, click on “SUBMIT” button. Nine digit alpha numeric ACK no. will be generated and you will be directed to the net-banking site provided by you.

Please be informed that the name and status of PAN is as per the ITD PAN Master. You are required to verify the name before making payment. In case any discrepancy is observed, please confirm the PAN entered by you. Any change required in the name displayed as per the PAN Master can be updated by filling up the relevant change request forms for PAN. If the name is correct, then click on “Confirm”

Step 5

After confirmation an option will be provided for submitting to Bank. On clicking on Submit to Bank deductor will have to login to the net-banking site with the user ID/ password provided by the bank for net-banking purpose and enter payment details at the bank site.

On successful payment a challan counterfoil will be displayed containing CIN, payment details and bank name through which e-payment has been made. This counterfoil is proof of payment being made.

How do I know whether my bank provides this facility?

To avail this facility the taxpayer is required to have a net-banking account with any of the Authorized Banks. List of Authorized Banks is available at the TIN website in the link

What is the procedure after being directed to the net banking site of the bank?

TIN system will direct you to net-banking facility of your bank. You will have to log on to the net banking site of your bank using your login ID and password/PIN provided by the bank. The particulars entered by you at TIN website will be displayed again.

You will now be required to enter the amount of tax you intend to pay and also select your bank account number from where you intend to pay the tax. After verifying the correctness, you can proceed with confirming the payment.

What will happen after I confirm the payment of tax at my bank’s site?

Your bank will process the transaction online by debiting the bank account indicated by you and generate a printable acknowledgment indicating the Challan Identification Number (CIN). You can verify the status of the challan in the “Challan Status Inquiry” at NSDL-TIN website using CIN after a week, after making payment.

What is the timing for making payment through internet?

You will have to check the net-banking webpage of your bank’s website for this information.

Whom should I contact if the counterfoil containing the CIN is not displayed on completion of the transaction and if I want duplicate counterfoil?

Your Bank provides facility for re-generation of electronic challan counterfoil kindly check the Bank website, if not then you should contact your bank request them for duplicate challan counterfoil.

If any problem encountered while entering the financial details at the net-banking webpage of your bank, then you should contact your bank for assistance.

PAYMENT OF TDS SUBSEQUENTLY

What is the procedure for paying the TDS amount into the Bank subsequently, i.e. not immediately after furnishing the purchase transaction details online?

Using this facility deductor (Buyer) can furnish the details online and make the payment of taxes subsequently either through net-banking account or by visiting any of the authorized bank branches. Following are the steps to avail this facility:

Step 1

a) Log on to NSDL-TIN website (www.tin-nsdl.com).
b) Click on the option “Furnish TDS on property”.
c) Select Form for Payment of TDS on purchase of Property.

Step 2

After selecting the form you will be directed to the screen for entering certain information.

Example:-

a) Permanent Account Number (PAN) of Property Purchaser and Seller.
b) Address of the Purchaser, Seller as well as the Property being purchased
c) Financial Year during which the Purchase has been made
d) Major Head Code – To indicate the type of tax applicable viz; Tax on companies/Tax on other than companies
e) Value of Property
f) Date of agreement/booking
g) Amount Paid/credited (Transaction amount)
h) Rate of TDS
i) TDS Amount
j) Dates of payment/credit, deduction
k) Select the option for “Payment of taxes immediately”

It is important to ensure that PAN of Buyer and Seller are correctly mentioned in the form. There is no online mechanism for subsequent rectification. Deductor will have to approach the Assessing Officer or CPC-TDS for rectification of errors.

Step 3

After entering all the above detail, click on PROCEED button. The system will check the validity of PAN. In case PAN is not available in the database of the Income Tax Department then you cannot proceed with the payment of tax.

If PAN is available then TIN system will display the contents you have entered along with the “Name” appearing in the ITD database with respect the PAN entered by you.

Step 4

You can now verify the details entered by you. In case you have made a mistake in data entry, click on “EDIT” to correct the same. If all the detail and name as per ITD is correct, click on “SUBMIT” button. Nine digit alpha numeric ACK no. will be generated and you will be provided with an option to print an Acknowledgment slip.

Please be informed that the name and status of PAN is as per the ITD PAN Master. You are required to verify the name before making payment. In case any discrepancy is observed, please confirm the PAN entered by you. Any change required in the name displayed as per the PAN Master can be updated by filling up the relevant change request forms for PAN. If the name is correct, then click on “Confirm”.

Step 5

With the printout of the Acknowledgment slip, you may visit any of the authorized Bank branches to make the payment of TDS subsequently. The Bank will make the payment through its netbanking facility and provide you the Challan counterfoil as acknowledgment for payment of taxes. Based on the information in the Acknowledgment slip, the bank will make the payment only through net-banking facility by visiting tin-nsdl.com and entering the acknowledgement number duly generated by TIN for the statement already filled by the buyer in respect of that transaction.

In case you desire to make the payment through e-tax payment (netbanking account) subsequently, you may access the link ‘View/Payment of TDS on property” on the TIN website. On entering the details as per the acknowledgment slip, you will be provided an option to submit to the bank wherein you have to select the Bank through which you desire to make the payment. You will be taken to the netbanking login screen wherein you can make the payment online.

What do I do if I have misplaced the Acknowledgment slip for payment through the Bank branches?

You may access the access the link ‘View/Payment of TDS on property” on the TIN website. On entering the details as per the acknowledgment slip, you will be provided options to either Print the Acknowledgment Slip.

In case you desire to make an online payment, on the same screen option for Submit to the bank is provided wherein you have to select the Bank for payment. You will be taken to the netbanking login screen wherein you can make the payment online.

Which banks are Authorised to accept TDS Payment U/s. 194IA?

Authorized Banks:

  1. Allahabad Bank
  2. Andhra Bank
  3. Axis Bank
  4. Bank of Baroda
  5. Bank of India
  6. Bank of Maharashtra
  7. Canara Bank
  8. Central Bank of India
  9. Corporation Bank
  10. Dena Bank
  11. HDFC Bank
  12. ICICI Bank
  13. IDBI Bank
  14. Indian Bank
  15. Indian Overseas Bank
  16. Jammu & Kashmir Bank
  17. Oriental Bank of Commerce
  18. Punjab and Sind Bank
  19. Punjab National Bank
  20. State Bank of Bikaner & Jaipur
  21. State Bank of Hyderabad
  22. State Bank of India
  23. State Bank of Mysore
  24. State Bank of Patiala
  25. State Bank of Travancore
  26. Syndicate Bank
  27. UCO Bank
  28. Union Bank of India
  29. United Bank of India
  30. Vijaya Bank

33 Responses to “TDS on Purchase of Immovable Property – FAQ , Payment Procedure”

  1. Ms Singh says:

    I am mentioning some points.

    *It is a resale property.

    *Original buyer bought it for Rs 69 lacs approx

    *He opted for construction linked plan and already paid approx 25 lacs, and 31 lacs was outstanding payment on his part at the time of transfer of property which includes 9 lacs as penalty on overdue payment

    *He sold it @ of 88 lacs which includes 19 lacs as premium amt.

    *We gave him 15 lacs from our pocket in white and rest was financed from bank

    *We have given approx 44 lacs to seller (including premium) and 22 lacs to builder (on his behalf for his overdue payments)

    Now issues are

    * When seller booked that flat, TDS rule was not there so he has given his installments without deducting TDS.

    * Bank has given DD to seller (29 lacs) and builder(22 lacs) without deducting TDS. And we have also not deducted TDS.

    # Now what should be done? Who shall pay the TDS ?
    Is there any legal action that can be taken if seller refuses to give back TDS amount( 44 thousand in my case)

  2. T J Tandel says:

    TDS payment has been made through form no 281 for installment paid to builder, instead of on through form no.26 QB by the bank.I have submitted challann for the same to builder .However, builder is insisting chaplain in 26 QB.Kindly guide me how to rectify error.

  3. S. Baptista says:

    I am a NRI and purchased a property in Mumbai in my wife’s name, son and daughter -in-law who will be joint owners in the property now my wife and son do not have a PAN card and have applied for the same, can the TDS be paid by the daughter-in-law as she has the PAN card.

    Kindly Advise

  4. Manthan says:

    I am purchasing property jointly with my brother. The total price is 58,00,000/-. Should we have to deduct Tds in the said matter?

  5. Pradip says:

    Hi,
    I am purchasing a flat from joint owners(wife and husband) in which wife’s name appears first on share certificate.
    Sellers are insisting to make the payment and deduct the TDS only on Husbands name which is second in share certificate.
    Kindly advice, whether cheques can be given on single name and TDS also can be deposited on single name?
    Weather there will be any issue with IT?

    Regards,

    Pradip

  6. RK Sharma says:

    Though the buyer is liable to deposite the 1% TDS on purchase of propoerty worth over 50L, Pl clarify who should bear the financial burden of this Tax i.e seller or buyer?

  7. hiral says:

    hi
    I have made the payment of tds but by mistake I have entered wrong assessment year so how do I resolve this problem
    I have done payment through net banking

  8. Deepak says:

    Hi, I paid 1% TDS On property purchase in July 2013. Now the amount is showing as Advace tax in Income tax e-filing site against my PAN number. So would like to know how to account this Advace tax if I want to file online for the yar 2014-15?

  9. HARI PRASAD.j says:

    Good Morining
    I have an query regarding 194IA, if the agreement of sale consideration was done for 60Laksh before 1.06.2013 and the part payment for 20 Lakhs also done before to 1.6.2013. so, will i have to pay TDS on this balabce amount which i paid on 1.6.2013 or may after?

    Please suggest me on this

  10. HIREN PANDYA says:

    I have bought property for rs. 84 lacs from joint holder and one of them is nri.
    What is rate of tds is applicable for NRi co owner as well as indian co owner ?

  11. saudamini says:

    I would be buying a property worth 60 Lakhs from an NRI couple who are also joint holder of the property. The payment of principle amount will be split and deposited in the individual account of the sellers / Please clarify if the Tax is to be dedcuted and deposited from both sellers ?

  12. Nikunj says:

    What i can do if the TDS is not deposited with in 7 days of generation of 26QB (in case of offline payment mode selected)?

  13. Prakash Shanbhag says:

    Dear Sir,

    How will I get the revert on my query ??

    Prakash

  14. Prakash Shanbhag says:

    Dear Sir,

    Reg :- TDS applicability on purchase of immovable property e.g. Flats.

    — Please tell me whether TDS is applicable on the flats purchased before 1st June 2013. I have purchased the flat in May 2011 in the joint name with my wife and the same is already registered in our name in December 2011

    — Part of the payment is due towards this flat, registered in our name in December 2011, on possession in Dec 2013. Will this payment attract TDS ??

  15. paramjeet singh says:

    Paramjeet Singh Says:
    Sept 14, 2013 At 11:09 PM
    I entered in to sale agreement for a residential plot:

    Sale consideration as per agreement is Rs.56,00,000/-.(A)
    Total payment made till 30.5.2013 is Rs.42,00,000/-.(B)
    Total payment made after 30.5.2013 is Rs.05,00,000/-.(C)
    Balance payment to be made after 30.5.2013 is Rs.09,00,000/-.(D)
    I forgot to deduct TDS on (C)
    What is the remedy now?
    -paramjeet singh

  16. ASHOK K JAIN says:

    1. I HAVE PURCHASED FLAT IN 2010 IN JOINT NAME (MYSELF AND WIFE). TOTAL CONSIDERARION IS ABOUT 85 LAKHS. WE SHALL PAY EQUALLY FROM MY AND WIFE’S ACCOUNT. SO INDIVDUAL PAYMENT FROM EACH NAME WOULD LESS THAN 50 LAKHS BUT JOINTLY IT IS 85 LAKHS. WHETHER TDS PROVISIONS WILL BE APPLICABLE TO ME OR NOT.

    2. WHETHER I HAVE TO DEDUCT TAX ON PAYMENT MADE AFTER 1ST JUNE 2013 OR ON THE TOTAL AMOUNT PAID BEFORE 1ST JUNE 2013 ALSO.

    PLEASE CLARIFY

    THANKS AND REGARDS

    ASHOK JAIN

  17. Shailendra says:

    Hello,

    If we purchased property in year July 2012 and possession expected in April 2014.
    As of now August 2013 96% of property value is disabused do we need to pay TDS as is effective from June 2013?
    Also we are purchaser me an my wife, how to pay TDS in this case?

  18. paramjeet singh says:

    I entered in to sale agreement for a residential plot:

    Sale consideration as per agreement is Rs.56,00,000/-.(A)
    Total payment made till 30.5.2013 is Rs.42,00,000/-.(B)
    Total payment made after 30.5.2013 is Rs.05,00,000/-.(C)
    Balance payment to be made after 30.5.2013 is Rs.09,00,000/-.(D)
    I forgot to deduct TDS on (C)
    What is the remedy now?
    -paramjeet singh

  19. kuldeep yadav says:

    If seller will not ready to give 1% tds to buyer at the time of transfer of the property what buyer can do legal action? and 2. what will be impact if this tax is not paid by any party ?? 3. their is no govt circular regarding this till now with the concerned authority, then when it will be implicated ?

  20. kuldeep yadav says:

    Mr. Y purchased one under construction property in direct allotment from builder for a total cost of 60 lacs. Till now property is not completed and Mr Y paid 30 lacs as per demand by builder till now. Now he is going to sell his property to Mr. X at the premium / profit margin of rs. 15 lacs. SO now mr. x have to pay total of Rs. 45 lacs to seller/Mr.Y (which he paid to buider till now + 15lacs (premium)AND balance amount of rs. 30 lacs (Total cost – paid amt. /60-30) to builder as per demend in future. So what will be sale value – 45 lacs or 75 lacs ? is seller has to pay 1% tds ? pls advise

  21. JAYANT L AASHER says:

    Is tds deductible on property purchased thro bank e-auction?

  22. A.K.SUIDHAKAR says:

    Kindly clarify the following :

    Whether the Buyer to deduct TDS 1 % on the total consideration of Flat, i.e. both UDS value and constructed value or 1% to be deducted on only UDS value which registered with SRO.

    regards
    aksudhakar

  23. Jainam says:

    By mistake A Assessment year mentioned in the challan is wrong what is d procedure to change it now???

  24. Deepak L. Bahirwani says:

    Hi,

    I have two questions –

    One, whether TDS will be applicable when an underconstruction property is being purchased from the builder. I think yes.

    Two, how will the TDS mechanism work when the buyer has taken Housing Loan and all payments to builder will be made by the bank.

  25. harish says:

    What if there are 3 co-owners(seller) of property.
    if sale consideration of property is 1 crore is still TDS applicable ?.
    in that case how is TDS going to be distributed ?

  26. Yogesh Bhagat says:

    If a residential flat is purchased from the builder for Rs. 1 Cr.
    Whether these provisions of TDS are applicable.
    And What if the property is purchased in the name of 3 owners.

  27. AD says:

    For Example, Mr A purchased a house property (i.e. A bounglow ) from Mr B for a consideration of Rs. 1.50 Crores after 1st June 2013. In this case, if Mr. A makes payments in installments basis. Is TDS @1% deductible on installment basis at the time of making payment.

    Please Advice.

  28. Saeed Muhammad says:

    It is not clear whether TDS is applicable when the Purchaser is more than one individual; is it based on the value of the whole property, or the extent to which the Purchaser has a title? For example, ten people together buy a building for Rs 2 crores and get a share of 20 lakhs each. And if applicable, how will the above steps be practical?

  29. S Gupta says:

    TDS on sale/purchase of immovable property. Please tell me whether this is applicable to purchase of flat on installments from builder/real estate company and before 1st June 2013. Whether purchaser need to deduct 1 % as TDS amount and deposit to IT online. Whether it will be required. As such builder / company already taking PAN of flat buyers and declare in AIR.

    Please advise me.

  30. Ravindra Kunawat says:

    Who will make the payment of TDS, if property is jointly owned by 2 or more persons.

  31. Pattabhi says:

    Thanks for the information. Now I have a case wherein an immovable property is being sold for 5 cr. and the capital gain tax is applicable. As per the new provisions the purchaser will be recovering TDS iof 1% of the sale value of Rs. 5 cr. and will be remitting to Govt. Ac. The seller is a non tax payer but filing the nil taxable income. As has plans of reinvesting in housing property which could happen in subsequent assessment years please guide how he has claim the benefit of the TDS tax recovered by his purchaser.

    Thanks

  32. Manish Jaju says:

    What in case of multiple buyers and multiple sellers ..say I have jointly purchased or I am joint seller whise tds will be deducted or whise tds is to be deducted..if the agreement is silent on ownership details of jointowners then.

  33. Kanhaiya says:

    Nice

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