Friday, June 21, 2013



TDS ON PURCHASE OF IMMOVABLE PROPERTY

[SEC 194-IA OF INCOME TAX ACT, 1961]

1. Section 194-IA has been inserted w.e.f June 1, 2013

Who is responsible for tax deduction

Any person (being a transfree)
responsible for paying to a resident
transferor any sum by way of
consideration for transfer of any
immovable property (other than
agricultural land in rural area in
India), is liable to deduct tax at
source u/s 194-IA

Time of Deduction

Tax shall be deducted at the time of
payment (in cash or by issue of a
cheque or draft or by any other
mode) or at the time of giving credit
to the transferor (in the books of
accounts of the transfree),
whichever is earlier

Rate of Tax Deduction

Tax is deductible @ 1%. If, however,
receipient does not furnish his PAN
to the deductor, tax will be
deducted (by virtue of Section
206AA) @ 20%

Thresehold Limit

No Tax is deductible where the
consideration paid or payable for the
transfer of an immovable property is
less than Rs. 50 Lakhs
From the above provision, it is clear that every transfree shall deduct TDS @ 1% where the consideration paid or payable for the transfer of an immovable property is Rs. 50 Lakhs or More.

The applicability of above provision can be understood by the below examples:

Example 1.Mr. A purchases 1000 sq.fts space for a total consideration of Rs. 2 crores. The building is currently under construction and likely to be completed in 2015. Amount is payable in instalments (out of the total 10 installments, 6installments have already been paid before June 1, 2013).

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