Friday, June 10, 2016

TDS U/S 194-IA – CONCERN TO THE PROPERTY BUYER

As per Finance Bill of 2013, TDS is applicable on sale of immoveable property (other than agricultural land) wherein the sale consideration of the property is equal or exceeds to 50,00,000 (Rupees Fifty Lakh). Sec 194 IA of the Income Tax Act, 1961 states that for all transactions with effect from June 1, 2013, Tax @ 1% should be deducted by the purchaser/buyer of the property at the time of making payment of sale consideration. Tax so deducted should be deposited to the Government Account through any of the authorized bank branches.
Therefore, when you are buying an immovable property exceeding Rs. 50 Lakh you have to deduct the tax on source and pay the tax to government.
This provision is inserted with a view to keeping a track on the sale and purchase of the immovable property where huge amount of capital gain tax is engaged. This provision will help the department to cross-verify such cases and augment the revenue in a timely manner. But it creates an extra burden to the purchaser to deduct and payment the tax.
Now the Department has started issuing intimations for interest u/s 200A to the detector i.e. he buyer of the property for late payment of tax to the govt.  Therefore, the property buyer should be cautious in respect of deduction and payment of tax deducted at source u/s 194-IA in time.
The various points in this regards are mentioned below:
1.       TDS liability arises to the purchaser of the immovable property if the value of the property is Rs. 50 Lakh or more.

2.       No tax in case of agricultural land.

3.       Tax to be deducted on the whole amount and not on the amount exceeding Rs. 50 Lakh. E.g. if the value of the property sold is Rs. 80 Lakh tax to be deducted on Rs. 80 Lakh not on Rs. 30 Lakh.

4.       Rate of TDS is 1% of the value of property if valid PAN is provided. Otherwise, TDS @ 20% to be deducted.

5.       The payee is a resident transferor of any immovable property.

6.       Tax shall be deducted at the time of credit of such sum to the account of the transferor or at the time of payment of such sum in cash or by issue of a cheque or draft or by any other mode, whichever is earlier.
7.       TAN is not required to deduct tax in this case. The purchaser shall deduct tax and deposit the same against his PAN.

8.       Any sum deducted under section 194-IA shall be paid to the credit of the Central Government within a period of seven days from the end of the month in which the deduction is made and shall be accompanied by a challan-cum-statement in Form No. 26QB.

9.       Every person responsible for deduction of tax under section 194-IA shall furnish the certificate of deduction of tax 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.

These are the rules for deducting and depositing tax u/s 194IA. The checklist for the buyer and seller of the immovable property is given below:
Following are the points to be remembered by the buyer of the property-
1:-Deduct TDS @ 1% on the total sale consideration.

2:-Collect the Permanent Account Number (PAN) of the Seller and verify the same with the Original PAN card.

3:-PAN of seller as well as Purchaser/buyer should be mandatorily furnished in the online Form 26QB (statement cum challan form) for furnishing information regarding the sale transaction of valid PANs.

4:-Do not commit any error in quoting the PAN or other details in the online Form 26QB (statement cum challan form) as currently there is NO online mechanism for rectification of any error.

5:-Verify tax deducted and deposited from Part F of your Form 26AS Annual Tax Statement.

6:-Note down 9 digits alphanumeric acknowledgment number generated on filing of 26QB which is required for placing request of form 16B.

7:-Download form 16B From TRACES portal and issue it to the seller of the property.

Following are the points to be remembered by the seller of the property-
1:-Provide a copy of PAN Card to the Purchaser of the property for furnishing information regarding TDS to the Income Tax Department.

2:-Verify taxes deducted by the Purchaser in Part A2 of your Form 26AS Annual Tax Statement.

3:-Compare it with Form 16B issued by the Purchaser.

4:-Download form 16B from TRACES only.


Keep in mind the above points and buy/sell property without harassment.

For consultancy on tax, accounts and related matters contact 8013160197.