19
Jul2019

BUYING IMMOVABLE PROPERTY? TAX AUTHORITIES ARE WATCHING YOU….

Owning a house in India has a sentimental value in addition to the financial value. So, amidst the sentimental gush of being an owner of a house do not forget to comply with the tax laws associated with the property deals.

WHAT THE LAW SAYS

Section 194-IA of the Income Tax Act lays down that when a buyer buys immovable property (i.e. a building or part of a building or any land other than agricultural land) costing more than Rs 50 lakhs, he has to deduct TDS when he pays to the seller.

COVENANTS OF SELLER & BUYER

What a buyer needs to do:

  • Deduct tax @ 1% from the sale consideration.
    • Collect the Permanent Account Number (PAN) of the Seller and verify the same with the Original PAN card.
    • PAN of seller as well as Purchaser should be mandatory furnished in the online Form for furnishing information regarding the sale transaction.
    • Do not commit any error in quoting the PAN or other details in the online Form as there is no online mechanism for rectification of errors. For the purpose of rectification you are required to contact Income Tax Department.

What a seller needs to do:

  • Provide the PAN to the Purchaser for furnishing information regarding TDS to the Income Tax Department.
  • Verify deposit of taxes deducted by the Purchaser in your Form 26AS Annual Tax Statement

TIMELINE

The TDS amount deducted has to be deposited with the government within a period of seven (7) days from the end of the month in which deduction is made. Otherwise interest must also be paid on delay.

HOW TO MAKE THE PAYMENT

Payment for TDS is made online only. This is done by an online payment challan available on TIN NSDL website for electronically depositing TDS in form 26QB.

PENALTY

Delay in filling or submission of the form not only invites notice but also attracts penalty of Rs 200 per day. So make sure to do the needful and avoid any troubles.

THE BOTTOM LINE

Paying attention to the above mentioned things can save you from the tax notice. However, this does not mean that this is a universal solution to every situation. Under special circumstances, it is better to seek help from a professional and avoid yourself from unnecessary hassle.

Our Corporate Professional Team is ever willing to provide assistance on any issue concerning GST, Insolvency and Bankruptcy Law, Business Model Advisory in India and Abroad, Customs Law, Corporate & Commercial Advisory, IPRs. Secretarial Compliances, Agreement Drafting & Negotiations etc. you may write us on connect@legallands.com, contact@legale-services.com

 

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