Penalties Applicable on Non-filing of Form 26QBProperty TDS Problems
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Not deducting TDS
1% per month from the date on which you were supposed to deduct TDS until the day on which you actually deduct TDS.
Not depositing the TDS
1.5% per month from the date on which TDS is deducted to the date of payment to government.
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Section 194IA - How to File TDS on Sale of PropertyExperts at your doorstep to guide.
Requirements of Section 194-IA
When purchasing immovable property (e.g., buildings or land, excluding agricultural land) costing over Rs 50 lakhs, the buyer must deduct Tax Deducted at Source (TDS) as per Section 194-IA of the Income Tax Act, effective since 1st June 2013.
Key Points:
- TDS Deduction Rate: The buyer must deduct TDS at 1% of the total sale amount.
- Threshold: TDS applies only if the property’s purchase value is Rs 50 lakh or more.
- Instalment Payments: TDS must be deducted on each instalment paid to the seller.
Buying a House?
When buying or selling property in India, taxes are a crucial consideration. One key tax is the Tax Deducted at Source (TDS) on property sales under Section 194-IA, which applies to immovable property like land and buildings. The buyer must deduct TDS before making a payment to the seller. Let’s explore the TDS rate on property sales under Section 194-IA, who is responsible for the deduction, and how to file TDS on property sales.
4. Inclusive Charges: From 1st September 2019, the total sale consideration includes club membership fees, car parking fees, utility fees, maintenance fees, and similar charges.
5. Example Calculation: For a property bought at Rs 55 lakh, TDS is on the full amount (Rs 55 lakh), not just the excess over Rs 50 lakh. Additional fees (e.g., parking, water, electricity) are also included in the sale consideration. If these fees total Rs 4 lakh, making the sale consideration Rs 59 lakh, TDS is calculated on Rs 59 lakh (Rs 59,000).
6. PAN Requirement: The buyer does not need a TAN (Tax Deduction Account Number) to deposit TDS but must use their PAN. They must also obtain the seller’s PAN to avoid a 20% TDS deduction rate.
7. Payment Timing: TDS is deducted at the time of payment to the seller, including instalments.
8. Form 26QB: TDS must be paid using Form 26QB within 30 days from the end of the month in which TDS was deducted.
9. TDS Certificate: After depositing TDS, the buyer must furnish the TDS certificate (Form 16B) to the seller, available 10-15 days after deposit. The procedure to generate and download Form 16B is available on TRACES.
This ensures compliance and accurate tax reporting in property transactions.
A Brief guide to File your Property TDSA Walk through to Self Property TDS Filing
Step - 1
Log in to your account on the Income Tax e-filing portal. Select e-File > click on e-Pay Tax from the dropdown as shown below
FILE NOWStep - 2
Click on ‘+ New Payment’ to file your Property TDS Online via e-Payment through Challan 26QB (Online)
FILE NOWStep - 3
Click on the proceed button on the tab ‘26QB- TDS on Property’ as highlighted below.
FILE NOWStep- 4
Add Buyer's Details : All your details will be auto-filled, but you can also change them if needed. After entering the details, click on ‘Continue’
FILE NOWStep - 6
Add Property Details : Add all the property details, and sale details. The tax amount will be calculated automatically. Once done, click on 'continue'.
VIEW DETAILSStep - 7
Add Buyer's Details : All your details will be auto-filled, but you can also change them if needed. After entering the details, click on ‘Continue’
FILE NOWStep - 8
Register in TRACES : If you are a first-time user, register on TRACES as a Tax Payer with your PAN and the Challan details of the tax payment.
FILE NOWStep - 9
Download your Form 16B : After your payment in Form 26AS has been reflected. Go to the Download tab and click on “Form-16B (for the buyer)”.
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The Finance Bill 2013 has proposed that the purchaser of an immovable property (other than rural agricultural land) worth ` 50 lahks or more is required to deduct TDS at the rate of 1% from the consideration payable to a resident transferor.
The buyer of the property is liable to deduct TDS and deposit the same to the government.
Buyer or Purchaser of the property is not required to procure Tax Deduction Account Number (TAN). All that is required is the buyer’s and sellers PAN to report the TDS.
The seller’s PAN is mandatory to obtain. If the PAN is not available, TDS is to be made @ 20% of the purchase value, and then the seller will not get the credit of the TDS amount.
Each buyer must fill out the Form 26QB challan for each unique buyer-seller combination for their respective share.
For example, if there is one buyer and two sellers, two forms must be filled in. Similarly, if there are two buyers and two sellers, then four forms must be filled in.