Buying a property is a significant financial decision for most individuals. However, it is important to be aware of the various tax implications associated with such transactions. One such provision is the deduction of tax at source (TDS) on the purchase of certain immovable property, as outlined in Section 194-IA of the Income Tax Act. In this article, we will delve into the details of this provision, its scope, and the key aspects individuals need to know.

Section 194-IA: An Overview

Section 194-IA of the Income Tax Act, 1961, pertains to the deduction of tax at source from payment made on the transfer of certain immovable property. According to this provision, any person (referred to as the transferee) responsible for paying a sum of consideration for the transfer of immovable property (excluding agricultural land) to a resident transferor is required to deduct 1% of the sum as income tax. This deduction must be made at the time of crediting the sum to the transferor’s account or at the time of payment, whichever is earlier.

It is important to note that no deduction needs to be made if the consideration for the transfer of the property and the stamp duty value of the property both amount to less than fifty lakh rupees.

Understanding the Scope

Section 194-IA applies to any sum paid by way of consideration for the transfer of immovable property, excluding agricultural land, as long as the consideration is equal to or exceeds fifty lakh rupees. This provision covers a wide range of payments, including charges such as club membership fees, car parking fees, electricity or water facility fees, maintenance fees, advance fees, or any other charges of a similar nature that are incidental to the transfer of the property.

Identifying the Parties Involved

In the context of Section 194-IA, the payer refers to any person who is the transferee responsible for paying the consideration for the transfer of the immovable property. On the other hand, the payee is the resident transferor of the property, excluding agricultural land.

Conditions for Applicability

To determine if Section 194-IA is applicable, several conditions must be satisfied:

  1. The payer must be a person as defined in the provision.
  2. The payee must be a resident transferor of the immovable property.
  3. The payment must be made as consideration for the transfer of the property.
  4. The quantum of payment or the stamp duty value of the property must be equal to or exceed fifty lakh rupees.

Timing and Rate of TDS ON PURCHASE OF PROPERTY

The deduction of TDS on purchase of property at source under Section 194-IA is made at the time of crediting the sum to the transferor’s account or at the time of payment, whichever occurs earlier. The rate of TDS ON PURCHASE OF PROPERTY is fixed at 1% of the sum being transferred.

Impact of Non-Furnishing of PAN

Section 206AA of the Income Tax Act states that every person subject to TDS ON PURCHASE OF PROPERTY must provide their Permanent Account Number (PAN) to the deductor. If the deductee fails to furnish their PAN, the deductor is required to deduct TDS on purchase of property at a higher rate. The higher rate is determined as the rate prescribed in the Act, the rate mentioned in the Finance Act, or 20%, whichever is higher. Furthermore, if the PAN provided is invalid or does not belong to the deductee, it will be considered as non-furnishing of PAN.

TDS Deduction and Payment Procedures

The buyer is responsible for deducting TDS on property of purchase and remitting it to the government. Here’s a step-by-step guide to the TDS deduction and payment process:

  1. Obtain PAN Details: Ensure that both the buyer and the seller possess a valid PAN. Non-compliance can lead to higher TDS rates.
  2. Determine TDS Amount: Calculate 1% of the total consideration value.
  3. File TDS Return: The buyer must file Form 26QB, providing details of the transaction, buyer, seller, and TDS payment.
  4. Deposit TDS Amount: The TDS ON PURCHASE OF PROPERTY amount must be deposited using Challan 281 within 30 days from the end of the month in which TDS ON PURCHASE OF PROPERTY was deducted.
  5. Generate TDS Certificate: After the successful deposit of TDS ON PURCHASE OF PROPERTY, the buyer must issue Form 16B to the seller within 15 days from the due date of TDS return filing.
  6. Verify and Authenticate: The buyer should ensure that the TDS ON PURCHASE OF PROPERTY certificate is valid and authenticated through the TRACES website.

Deposit and Reporting of TDS ON PURCHASE OF PROPERTY

Any sum deducted under Section 194-IA must be deposited to the credit of the Central Government within thirty days from the end of the month in which the deduction was made. The deposit must be accompanied by a challan-cum-statement in Form No. 26QB. The deduction amount can be remitted electronically to the Reserve Bank of India, the State Bank of India, or any authorized bank.

Additionally, the person responsible for deducting TDS on purchase of property under Section 194-IA must furnish a certificate of deduction of TDS on purchase of property at source in Form No. 16B to the payee within fifteen days from the due date for furnishing the challan-cum-statement in Form No. 26QB. This form can be generated and downloaded from the web portal specified by the Director General of Income-tax (System) or the authorized person.

Conclusion

Understanding the provisions of Section 194-IA is crucial for individuals involved in the purchase of immovable property. By complying with the requirements of deducting TDS on purchase of property at source, individuals can fulfill their TDS on purchase of property obligations and ensure a smooth transfer of property. It is advisable to consult a tax professional or refer to the relevant sections of the Income Tax Act for detailed and up-to-date information.

Talk to us