
When working in real estate, you may come across a lot of lingo. Tax Deducted at Source (TDS) on property sales is one example of this. The Income Tax Act of 1961's section 194-IA lists only immovable property, such as buildings and plots, as the property for which TDS is due.
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When a buyer pays a seller more than Rs 50 lakh for real estate, the buyer must first deduct this tax from their payment. One percent of the entire transaction price is the buyer's TDS.
TDS is an indirect tax that is deducted from a person's earnings. TDS is applied to both ongoing and one-time income and is deducted at the time of payment at the source.
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For example, if someone wins the lottery, their proceeds will be remitted to them after the corresponding rate of source-deducted tax is subtracted. The same holds true for consistent revenue sources like salary payments. Employers are required under the TDS requirements to withhold a specific amount of tax prior to issuing the payment.
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A few provisions pertaining to TDS in the case of immovable assets have been modified by the government. As a result, when determining the tax due at the time of making the property payment, more fees will soon be added to the cost of the property. These will cover any fees for maintenance, club membership, energy, water facilities, parking, and other advances.
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For example, if a property is purchased for Rs 60 lakh, the buyer must deduct TDS at the rate of one percent on Rs 60 lakh rather than on the amount that exceeds the Rs 50 lakh threshold limit.
Further, if payments are being paid in instalments, such as in case of purchase of an under-construction home, the deductions should be made at the time of each payment. For a non-resident Indian (NRI) vendor, the regulations could change.
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In the event that you purchase a property from an NRI, you will be responsible for deducting 20% TDS in addition to 4% cess. When an NRI seller sells their property within two years of buying it, they must deduct 30% TDS in addition to 4% cess.
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TDS makes ensuring that all qualified income sources pay taxes and provides a consistent stream of revenues for the government. By embracing revenues like lottery wins, it also broadens the tax base and increases government income. However, because the burden of tax collection is shared by the payer and the collection agency, taxpayers also gain from this arrangement.
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