How buyers can deduct TDS u/s 195 if they are buying a property from NRI ie property sale by NRI?

Asked by: Raheem West IV  |  Last update: February 9, 2022
Score: 4.8/5 (75 votes)

As per Section 195, a buyer purchasing a property from NRI is liable to deduct TDS (Tax deducted at source) on the amount of total value of sale consideration, before making any payment to the NRI. ... Short term capital gain= Sale consideration – [Cost of acquisition + Cost of improvement].

How do you deduct TDS on purchase of property from NRI?

Reduce your TDS Liability by filing application in Form 13

To reduce the TDS on Sale of Property by NRI, the NRI is required to file an application in Form 13 with the Income Tax Department for issuance of Certificate for Nil/ Lower Deduction of TDS.

When an NRI sells property the buyer is liable to deduct TDS 20%?

If an NRI is selling property in India, the buyer is required to deduct TDS at the rate of 20% in case of long-term capital gains. However, if the property is sold before two years, TDS shall be deducted at the rate of 30% as a short-term capital gains tax.

Who is required to deduct TDS u/s 195?

Under the provisions of section 195, any person who is responsible for paying any interest or any other sum chargeable to tax is liable to deduct tax at source. This is applicable in a case where the payment is being to a non-resident(excluding company) or a foreign company.

Is cess applicable on TDS u/s 195?

Rate of TDS under Section 195

For payments made according to DTAA rates, no additional education cess or surcharge is applicable.

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19 related questions found

What happens if TDS is not deducted on purchase of property from NRI?

In case the buyer fails to deduct the TDS (wholly or partly) or fails to deposit the TDS with the Government, then the buyer (i.e. Deductor) would be liable to pay penalty under section 271C. Here, the defaulter would be required to pay penalty amounting to sum equal to the TDS not deducted or TDS not paid.

Can seller pay TDS on property on behalf of buyer?

The responsibility to deduct TDS on Property Sale rests solely with the Buyer even if it is financed by Home Loan or property is purchased from the builder. In some cases, Bank can deduct TDS on property from disbursement and help in depositing TDS on buyers behalf but they are not obliged to do so.

Can NRI claim TDS exemption?

NRIs can claim exemptions under Section 54, Section 54 EC, and Section 54F on long-term capital gains. Therefore, an NRI can take benefit of the exemptions from capital gains when filing a return and claim a refund of TDS deducted on Capital Gains.

Can NRI claim TDS refund on property sale?

If NRIs file Income Tax Returns (ITR) after the financial year has ended in India, they can claim refunds on the deducted TDS. For an NRI to claim a refund on the TDS deducted, he/she must self-compute their income and tax liability according to existing slab rates.

How can I deduct TDS on property purchase?

I. Steps to fill form 26QB :
  1. Go to TIN NSDL website​ ( www.tin-nsdl.com ).​
  2. Under 'TDS on sale of property', click on "Online form for furnishing TDS on property (Form 26QB)"
  3. Select the applicable challan as "TDS on Sale of Property".
  4. Fill the complete form as applicable.

Who pays TDS buyer or seller?

TDS has to be deducted by the buyer on the entire amount that is paid or credited to the seller when the amount exceeds Rs 50 lakh. For example, if a property is bought for Rs 70 lakh then TDS has to be deducted on the entire amount–that is Rs 70 lakh, not on just the Rs 20 lakh that exceeds the Rs 50 lakh threshold.

Who is liable to deduct TDS?

When should TDS be deducted and by whom? Any person making specified payments mentioned under the Income Tax Act are required to deduct TDS at the time of making such specified payment. But no TDS has to deducted if the person making the payment is an individual or HUF whose books are not required to be audited.

Who can claim TDS refund?

You need to file a TDS refund claim when the employer has deducted more tax than the actual liability. You can claim the difference amount by filing an income tax return. You will have to provide the bank account number, name of the bank, and Indian Financial System Code (IFSC) details for successful processing.

How can I avoid tax on property sale in India?

One of the ways to save on your capital gains tax is to invest in bonds within six months of the trading of the property and receiving the gains. On investing in bonds, you can claim a tax exemption under Section 54EC of the Indian Income Tax Act, 1961.

How can I claim TDS amount?

You can claim your TDS refund by following the steps mentioned below:
  1. Step 1: File your income tax returns in the case where your employer has deducted extra amount over your actual tax liability under the head of TDS.
  2. Step 2: Fill in the required fields with the name of your bank, your bank account number, and IFSC.

What is TDS rate for contractor?

What is the rate of TDS under Section 194C- TDS on contractors? The payer is required to deduct TDS at 1% in case the payment is made to an individual or HUF, and 2% if the payment is made to any other person.

How can deduct TDS on contractor with example?

TDS is required to be deducted @1% on the whole amount as the total payment in the year exceeds Rs 75,000. Example 2 – In the above example if the contractor A is a Partnership Firm in place of individual. TDS is required to be deducted @ 3% as the sum exceeds the threshold limit of Rs 30,000 in single payment.

Is foreign company required to deduct TDS?

Foreign companies operating in India through joint ventures are required to deduct TDS (tax deducted at source) from home salary or special allowances paid abroad to their employees working in India, the Supreme Court has ruled.

Can TDS be refunded?

Yes, if you have paid the excessive tax, it will be refunded. To get your additional tax refund, you will have to first file ITR, following which your return will be processed. If you pay any excessive tax, the government will refund it back to your bank account via ECS.

Why do we deduct TDS?

TDS or Tax Deducted at Source is an income tax that is reduced when a certain payment like rent, salary, commission, interest, professional fees, etc. is made by the person who made such a payment. ... The purpose of TDS may have been to reduce the chance of evasion by the recipient of the incomes.

When should TDS be paid on property sale?

The due date of payment of TDS on transfer of immovable property is 30 days from end of the month in which the deduction is made. PAN of the buyer and the seller is mandatory to make e-payment of TDS on sale of property.

What is the TDS percentage on property purchase?

The TDS rate for property purchase is 1%. Surcharge and secondary and higher education cess (SHEC) need not be added. If the property seller does not have PAN or if PAN is not quoted, then TDS must be deducted at the rate of 20%.

Can TDS be paid before property registration?

Then pay TDS before registering it, or income tax sleuths will come knocking on your door. ... As per this section, the buyer should provide TDS documents on transfer or sale of immovable property (mainly land or house) other than agricultural land, before registering the property.