23/11/2025
Buying a Property? Donโt Forget the "1% Rule"
Buying a new home or a plot of land is a massive milestone. But before you pop the champagne and start planning the interior design, there is one crucial tax responsibility you need to handle.
Itโs called TDS (Tax Deducted at Source).
If you are the buyer, the Income Tax Department legally expects you to deduct tax from the sellerโs payment. If you forget, the tax notice comes to your door, not the sellerโs.
Here is a plain-English guide to staying safe and compliant for FY 2024-25 and 2025-26.
1. The Golden Rule (Section 194-IA)
The basics are simple: If you are buying a property worth โน50 Lakhs or more, you cannot pay the seller the full amount. You must keep 1% back and deposit it with the government.
* Who does this? You, the Buyer.
* Whose money is it? The Resident Seller's (itโs deducted from their total).
* The Rate: 1% (It jumps to 20% if the seller doesnโt have a valid PAN card).
> Relax: If the property value is under โน50 Lakhs, you can ignore this entire article. No TDS is required.
2. What Counts as the "Property Value"?
This is a common stumbling block. You might think, "The apartment is โน48 Lakhs, so I'm safe." But wait.
The government looks at the Total Consideration. This includes all the extras you pay to the builder or seller, such as:
* Club membership fees
* Car parking charges
* Electricity/Water facility fees
* Maintenance advances
The Rule: If the Basic Cost + All Extras crosses โน50 Lakhs, you must deduct TDS on the entire amount.
3. Watch Out for These "Gotchas"
A. Buying with a Spouse? (The Joint Owner Trap)
In the past, people argued that if a husband and wife bought a โน80 Lakh flat (โน40L each), they didn't need to deduct TDS because their individual share was under โน50L.
* The Update: As of October 1, 2024, the government has closed this loophole. It is now clear: If the total property value is over โน50 Lakhs, TDS applies, regardless of how many buyers or sellers there are.
B. The "Stamp Duty" Twist
Sometimes, the actual deal price is lower than the governmentโs Circle Rate (Stamp Duty Value).
* Example: You got a great deal and bought a shop for โน60 Lakhs, but the government says the value (Circle Rate) is โน65 Lakhs.
* The Fix: You must calculate the 1% TDS on the higher value (โน65 Lakhs).
C. Is the Seller an NRI? (STOP!)
Everything written above applies only if the seller is a Resident Indian.
If the seller lives abroad (NRI), Section 194-IA does not apply. Instead, you fall under Section 195.
* Why it matters: The process is harder (you need a TAN number) and the tax rate is much higher (usually 20% plus surcharges). Consult a CA immediately if buying from an NRI.
4. Your 3-Step Action Plan
You don't need a specialized tax ID (TAN) for this; your standard PAN card works fine.
Step 1: Deduct the Money
When you pay the seller (or the builder), cut 1% from the payment. If you are paying in installments (like a construction-linked plan), you must deduct 1% from every single installment.
Step 2: Deposit it (Form 26QB)
Go to the Income Tax portal and fill out Form 26QB.
* Deadline: You have 30 days from the end of the month in which you made the payment.
* Real-life example: If you paid the seller on July 15th, you must file the form and pay the tax by August 30th.
Step 3: Give the Receipt (Form 16B)
About a week after you file Form 26QB, log into the TRACES portal. Download Form 16B and email it to the seller. This is their proof that you actually paid their tax to the government.
5. Why You Shouldn't Delay
Ignoring this is surprisingly expensive. The penalties are strict because the government wants to track high-value transactions.
* Late Filing Fee: โน200 per day (yes, every single day you are late).
* Interest: If you deduct the tax but delay depositing it, you pay 1.5% interest per month.
* The "Ouch" Penalty: If you simply refuse to file, the penalty can go up to โน1 Lakh.
Quick Cheat Sheet
| If you are... | You need to know...
| Buying > โน50 Lakhs | Deduct 1% TDS. |
| Buying < โน50 Lakhs | No TDS needed. |
| Buying from NRI | Stop. Different rules apply (Section 195). |
| Paying Installments | Deduct 1% on each payment. |
| Filing the Form | It's called Form 26QB. |
Can I help you further?
Form 26QB can be a little tricky if you've never seen it before. We Can help you in this. You may connect Anup Gupta & Co.- Chartered Accountants @9654276986