Tax on buying land!

General Discussions
1

If I buy any land/building then is there any requirement to deduct tax from the sale proceeds to be paid by me to the seller?

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2

Yes you would need to deduct tax @ 1% if he is a resident seller and 20% + surcharge + cess if he is a Non resident. If there are join sellers , this would need to be done proportionately

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3

Yes, Finance Act, 2013 has introduced section 194-IA which provides for deduction of tax at source in case of payment of sale consideration of immovable property (other than rural agricultural land) to a resident. S​ection 194-IA is not applicable if the seller is a non-resident. Tax is to be deducted @ 1%. No tax is to be deducted if the consideration is below Rs. 50,00,000. If the sale consideration exceeds Rs. 50,00,000, then tax is to be deducted on the entire amount and not only on the amount exceeding Rs. 50,00,000.

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4

If the seller is a non-resident then tax is be deducted under section 195 and not under section 194-IA. Thus, in case of purchase of property from non-resident TDS provisions of section 195​ will apply and not of section 194-IA

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5

Tds u/s 195 and Tds return u/s 27Q.

Best Regards

Ruchika Bhagat
Founder Principal

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