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    What is TDS ?

    Tax Deducted at Source (TDS) is a tax deduction made by an individual or a company while making any payment. The TDS is to be deducted if the payable amount exceeds a certain specified limit. The deduction is mandatory as per the provisions of Income Tax Act, 1961. The return from fixed deposits, TDS Returns For Salary, income from services provided to customers, and many other sources of income are paid after tax deduction. The payer deducts the tax and pays it to the Income Tax Department for the payee.

    What is TDS certificate?

    A TDS certificate is issued by the deductor to the deductee while making a payment. Some of the TDS certificates issued by the deductor is as under:

    • Form 16 is given in case of salary payments.
    • Form 16A is given in case of non-salary payments.
    • Form 16B is given in case of sale of the property.
    • Form 16C is issued for rent payments.

    When should TDS be deducted and by whom?

    Tax at source is deducted when a payment is due or when it is made by any person under the Income Tax Act. TDS Return can be deducted by

    • Employersin the case of private employment
    • Employees if they are making the payment on behalf of the employer
    • Local authorities or companies if there is any interest on securities
    • Drawing and disbursing officers in the case of government employment

    If any person is making the payment to an individual or Hindu Undivided Family (HUF), and is not obliged to have their books audited, then such person is not liable to deduct tds. Any person deducting tax at source is liable to deposit tds with government on or before 7th of the subsequent month.

    Taxcellent helps you in calculation of tax at source to be deducted.

    FAQs About TDS on Purchase of Property

    TDS (Tax Deducted at Source) on purchase of property is required under Section 194-IA of the Income Tax Act, where the buyer deducts tax before paying the seller.
    TDS is applicable when: • The sale consideration is ₹50 lakh or more, and • The property is immovable property (land, building, or part thereof), excluding agricultural land.
    • 1% of the sale consideration • If the seller does not provide PAN, TDS is deducted at 20%
    The buyer (transferee) is responsible for: • Deducting TDS • Depositing it with the Income Tax Department • Issuing Form 16B to the seller
    TDS must be deducted at the earlier of: • Credit of amount to the seller, or • Actual payment (including installments)
    Yes. TDS must be deducted on each installment paid to the seller.
    • TDS must be deposited using Form 26QB • Due date: Within 30 days from the end of the month in which TDS is deducted
    No. The buyer does not need a TAN. PAN of buyer and seller is sufficient.
    Form 16B is the TDS certificate issued by the buyer to the seller as proof of tax deduction. It must be issued within 15 days from the due date of filing Form 26QB.
    Yes. • TDS is calculated on the total sale consideration • Each buyer must file separate Form 26QB for each seller
    TDS is deducted on the higher of: • Sale consideration, or • Stamp duty value
    No. Section 194-IA applies only to resident sellers. For NRI sellers, TDS is deducted under Section 195 at higher rates.
    No. TDS is not applicable on agricultural land in rural areas.
    The buyer may face: • Interest (1%–1.5% per month) • Late fees • Penalty under the Income Tax Act
    Yes. The seller can claim the TDS as credit while filing Income Tax Return.

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