Income Tax: ITR filing + TDS · TDS Compliance
TDS on Property Purchase: Section 393(1) (old 194IA)
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Facts
Most property buyers do not know they are legally required to deduct 1% TDS from the payment to the seller and file Form 141 (old Form 26QB). This is one of the most commonly missed TDS obligations in India.
Provisions and law
- Sec 393(1) (old 194IA)
- Rule 218 (old Rule 30)
- Rule 31B
- Sec 398(3) (old 201(1A))
Analysis
Who files Form 141 (old Form 26QB): The BUYER. Not the seller, not the builder, not the bank. Even if you take a home loan, you (the buyer) must deduct 1% and file Form 141 (old Form 26QB). Multiple sellers: If husband and wife both sell jointly, separate Form 141 (old Form 26QB) for each seller. Each Form 141 (old Form 26QB) is for their respective share (typically 50% each). Two 26QBs, each at 0.5% of total = 1% total. Multiple payments: If you pay ₹10L booking, ₹40L on registration, ₹30L balance, file a separate Form 141 (old Form 26QB) for EACH payment within 30 days of that payment. Threshold ₹50L is TOTAL, not per payment. NRI seller: Section 393, Income-tax Act 2025 (old Sec 195) applies instead of Sec 393(1) Table Sl. No. 3(i) (old Sec 194IA). TDS rate is 20-30% (LTCG or STCG rate). CA essential for NRI seller transactions. Form 141 (old Form 26QB) filing: incometax.gov.in → e-Pay Tax → TDS on Property (Form 141, old Form 26QB). Fill buyer PAN, seller PAN, property address, consideration, payment date. Pay online. Form 132 (old Form 16B) downloadable from TRACES portal 5-7 days later.
Conclusion
- Confirm total property consideration, if above ₹50L, TDS mandatory on first payment itself
- Collect seller's PAN card, mandatory for Form 141 (old Form 26QB)
- Calculate 1% of consideration for each payment
- Deduct 1% from each payment BEFORE paying seller (not after)
- File Form 141 (old Form 26QB) on IT portal within 30 days of each payment
- Pay TDS via Challan in Form 141 (old Form 26QB; net banking)
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TDS on property purchase, Sec 194IA and Form 26QB (now Sec 393(1) and Form 141)
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