TDS ON PURCHASE OF IMMOVABLE PROPERTY |
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[SEC 194-IA OF INCOME TAX ACT, 1961] |
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1. Section 194-IA has been inserted w.e.f June 1, 2013 |
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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 |
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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: |
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| 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). | ||||
Friday, June 21, 2013
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