1% TDS on immovable property for multiple buyers
TDS is to be paid on the entire sale amount. For example, if you have bought a house at Rs 55lakh, you have to pay TDS on Rs 55 lakh and not on Rs 5 lakh (i.e. Rs 55 lakh – Rs 50 lakh). This is applicable even when there is more than 1 buyer or seller.
Is 1 percent TDS on sale of property?
The purchaser of an immovable property (whether built up or under construction) of value Rs 50 lakh or more has the responsibility under the Income-Tax Act, 1961, to pay withholding tax of 1% from the sale consideration payable to the seller of the property.
How is TDS deducted in case of joint buyers?
TDS on sale
Tax deducted at source (TDS) of 1% is applicable on the sale of immovable property, as per Section 194-IA (2) as deducted tax. However, TDS on sale of property in case of joint owners would be applicable only if the sale consideration of each of the joint owners exceeds Rs 50 lakh.
Is TDS deducted on purchase of immovable property?
Any person purchasing immovable property (other than rural agricultural land) of Rs. 50 lac or more is required to deduct tax @1% from the payment made to seller. This new rule (Section 194IA of the Income Tax Act) was introduced by Finance Act, 2013.
What is the percentage of TDS on purchase of property?
1%
Sec 194 IA of the Income Tax Act, 1961 states that for all transactions with effect from June 1, 2013, Tax @ 1% or 0.75% should be deducted (depending upon the Date of Payment/Credit to the Seller) by the purchaser of the property at the time of making payment of sale consideration.
Who pays tax on jointly owned property?
Property jointly-owned by married couples or civil partners
The tax rules say that income from jointly owned property must be split and taxed in equal shares (50:50). If you own the property in unequal shares, the income from it can be apportioned based on those shares and taxed on that basis.
Can both owners claim house on taxes?
If several people own a house jointly, then they can typically deduct mortgage interest based on their share of ownership in the house. For example, someone who owns 50% of the house can legally claim 50% of the mortgage interest as a deduction.
How is TDS on immovable property calculated?
TDS is required to be deducted @ 1% on the amount payable to the seller of property. If the PAN number of the seller is not available then the TDS is required to be deducted @ 20%. No tax is required to be deducted where the total amount of consideration (selling price of property) is less than Rs. 50 lakhs.
Is 1 TDS on property refundable?
A. Yes, TDS on property is refundable. At the time of sale of property, buyer is required to deduct TDS on property and deposit the same with the government. But, the seller is allowed to avail credit of the same or claim TDS refund by filing his ITR.
Who has to pay TDS buyer or seller?
60 lacs, and not on the differential amount of Rs. 10 lacs (60 lacs – 50 lacs). IT IS ALSO IMPORTANT FOR THE BUYER TO RECEIVE PAN DETAILS OF THE SELLER. IF THE PAN OF THE SELLER IS NOT PROVIDED, THEN TDS IS APPLICABLE AT 20%OF THE SALE AMOUNT.
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.
What happens if a buyer doesn’t pay TDS?
The penalty of not paying TDS on immovable property can be up to Rs. 1 lakh under Section 271H. To avoid penalty, you can pay the TDS, interest amount and late payment fee as soon as you receive a tax notice.