TDS
⚖️ Income Tax Act — Sections 194-IA & 195

TDS on Property Sale Made Right.

End-to-end TDS compliance advisory for buyers and sellers in property transactions. From accurate deduction and timely deposit to Form 26QB, 15CA/15CB, and NRI DTAA guidance — we handle it all.

2000+
Cases Handled
15+
Years Expertise
₹50L+
Threshold Advisory
100%
Compliance Rate

TDS Compliance Summary

LIVE ADVISORY
Applicable Section 194-IA / 195
Resident TDS Rate 1% of Sale Value
Threshold (Resident) ₹50 Lakhs+
NRI Threshold No Limit
Deposit Deadline 30 Days (Month End)
Key Form (Resident) Form 26QB
Key Forms (NRI) 15CA + 15CB
TDS Certificate Form 16B ✓
DTAA Benefit (NRI) Available ✓

What We Offer

Complete TDS Advisory
Under One Roof

From calculation and deduction to form filing, TDS deposits, and post-transaction reconciliation — we manage every compliance requirement for buyers and sellers.

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TDS Calculation & Advisory

Accurate TDS computation based on seller's residency status, transaction value, and applicable section (194-IA or 195). Covers full, advance, and instalment-based payments.

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Form 26QB Filing

Complete preparation and filing of Form 26QB for resident sellers under Section 194-IA — serving as both TDS payment challan and statutory return in one step.

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NRI / Foreign Seller Compliance

Specialised TDS services for NRI sellers under Section 195, including Form 15CA/15CB preparation, CA certification, DTAA benefits, and lower withholding certificates.

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TDS Certificate Issuance

Timely issuance of Form 16B to resident sellers and acknowledgement certificates for NRI sellers, enabling proper TDS credit in their income tax returns.

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Accounting & Journal Entries

Correct accounting entries for TDS deduction, net payment to seller, and deposit to Income Tax Department — transparent records for buyers and sellers alike.

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Form 26AS Reconciliation

Ensuring TDS deducted by the buyer is accurately reflected in the seller's Form 26AS, with immediate resolution of any discrepancies before income tax filing.

Timely Deposit Management

Systematic tracking and deposit of TDS via Challan 281 within prescribed deadlines (30 days from month-end), preventing penalties and interest under Section 201(1A).

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Audit & Legal Compliance

Complete audit trail documentation of every TDS transaction, deposit, and filing. Full support during IT Department notices, assessments, and dispute resolution.

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PAN Verification & Documentation

Verification of buyer and seller PAN details, preparation of all transaction documents, sale agreements, and identity records required for compliant TDS processing.

Key Compliance Requirements

10 Critical TDS Compliance
Requirements You Must Know

Meeting these requirements protects both buyer and seller from penalties, interest, and legal complications under the Income Tax Act.

01

PAN Verification

Both buyer and seller must possess valid PANs. Missing PAN can trigger higher TDS deduction rates and reporting failures with the Income Tax Department.

02

Applicability Determination

Correctly identifying whether Section 194-IA (resident, above ₹50L) or Section 195 (NRI, no threshold) applies to your transaction is the critical first step.

03

Accurate TDS Deduction

1% for resident sellers; applicable income tax rate (or AO-certified lower rate) for NRI sellers — deducted at payment or possession transfer, whichever is earlier.

04

TDS Deposit Within 30 Days

Deducted TDS must be deposited with the government within 30 days from the end of the month of deduction. Late deposits attract interest under Section 201(1A).

05

Form 26QB Filing (Resident)

Mandatory filing of Form 26QB for all resident seller transactions under Section 194-IA — serves as both the TDS payment instrument and statutory return simultaneously.

06

Forms 15CA & 15CB (NRI)

For NRI transactions, Form 15CA must be filed by the buyer and Form 15CB certified by a Chartered Accountant confirming correct TDS deduction before remittance.

07

TDS Certificate Issuance

Form 16B must be issued to resident sellers post-deposit. This certificate enables sellers to claim the TDS credit when filing their income tax returns.

08

Form 26AS Reconciliation

Sellers must verify that TDS is correctly reflected in Form 26AS maintained by the IT Department — preventing tax credit mismatches during return filing.

09

Complete Record Maintenance

Maintain sale deeds, PAN copies, payment proofs, challans, statutory forms, and TDS certificates. Essential for audit readiness and future IT Department queries.

10

DTAA Compliance for NRIs

NRI sellers can benefit from Double Taxation Avoidance Agreements to reduce withholding rates. Lower deduction certificates from the Assessing Officer prevent over-taxation.

Legal Framework

Section 194-IA vs Section 195
— Know Your Obligations

The applicable TDS section depends entirely on the residential status of the seller. Here's a clear comparison to help you identify your compliance path.

Section 194-IA

For Resident Indian Sellers (Individuals & HUF)

Seller Type Resident Individual or HUF
Threshold Property value above ₹50 Lakhs
TDS Rate 1% of total sale consideration
Property All immovable property except agricultural land
Key Form Form 26QB (payment + return)
Certificate Form 16B issued to seller
Deposit Challan 281 within 30 days
DTAA Not applicable

Section 195

For NRI / Foreign Sellers

Seller Type NRI or Foreign Entity (non-resident)
Threshold No minimum limit — applies to all amounts
TDS Rate Applicable IT rate or AO-certified lower rate
Property Any immovable property as per applicable rules
Key Forms Form 15CA (buyer) + Form 15CB (CA cert.)
Certificate TDS acknowledgement / deduction certificate
Deposit With 15CA/15CB as applicable
DTAA Available — can reduce withholding rate

Step-by-Step Process

Our 11-Step TDS Compliance
Workflow

A systematic, fully managed process ensuring zero errors, zero penalties, and complete statutory compliance for every property transaction.

1

Applicability Analysis

We confirm the seller's residential status, verify whether the transaction exceeds ₹50L (resident) or applies regardless (NRI), and determine the applicable section — 194-IA or 195.

2

Document Collection

Gather PAN and identity documents of both buyer and seller, sale deed/agreement, property details, bank information, and Tax Residency Certificate for NRI sellers.

3

TDS Calculation

Precise computation at 1% for resident sellers (194-IA) or the applicable income tax rate / AO-certified lower rate for NRI sellers (195), covering full and instalment payments.

4

TDS Deduction at Source

Buyer deducts the computed TDS amount at the time of payment or transfer of possession — whichever occurs first — before remitting net proceeds to the seller.

5

TDS Deposit to Government

Deducted TDS is deposited via Challan 281 within 30 days from the end of the deduction month. For NRI transactions, deposit is made alongside Forms 15CA and 15CB.

6

Statutory Form Filing

Form 26QB filed for resident seller transactions (194-IA). Forms 15CA and 15CB prepared and filed for NRI seller transactions (195), with CA certification managed by us.

7

TDS Certificate Issuance

Form 16B issued to resident sellers for TDS credit in their ITR. Proper acknowledgement and documentation provided to NRI sellers for tax credit and compliance records.

8

Accounting Entries

Correct journal entries recorded for TDS deduction, net payment to seller, and deposit to IT Department — maintaining transparent, audit-ready financial records.

9

Form 26AS Reconciliation

Verification that TDS deducted by buyer appears correctly in the seller's Form 26AS. Discrepancies resolved immediately to ensure seamless income tax return filing.

10

NRI Seller Special Guidance

Capital gain calculations, DTAA treaty analysis, lower withholding certificate applications with the Assessing Officer, and international tax reconciliation for NRI/foreign sellers.

11

Audit-Ready Record Maintenance

Complete documentation archive of sale deeds, PAN copies, payment proofs, challans, statutory forms, and certificates — fully prepared for IT Department enquiries or audits.

Frequently Asked Questions

Common Questions on
TDS & Property Sale

Answers to the most important TDS compliance questions for property buyers and sellers in India.

TDS (Tax Deducted at Source) on property sale requires the buyer to deduct a portion of the sale price and remit it to the Income Tax Department. This applies under Section 194-IA for resident sellers and Section 195 for NRI or foreign sellers. The responsibility for deduction, deposit, and filing lies entirely with the buyer — not the seller.

Section 194-IA applies when the seller is a resident individual or HUF, and the property (immovable, not agricultural land) has a sale consideration exceeding ₹50 Lakhs. TDS must be deducted at 1% of the total sale price at the time of payment or transfer of possession, whichever comes first.

Section 195 applies to all property transactions involving NRI or foreign sellers — regardless of the transaction amount. The TDS rate is based on the applicable income tax rate (which can be higher than 1%) unless the NRI seller obtains a lower withholding certificate from the Assessing Officer. Additionally, Forms 15CA and 15CB are required instead of Form 26QB.

For resident sellers (Section 194-IA): Form 26QB is the mandatory TDS payment and return form, and Form 16B is issued as the TDS certificate to the seller. For NRI sellers (Section 195): Form 15CA (buyer's declaration) and Form 15CB (CA-certified confirmation of TDS deduction) are required for every remittance to the non-resident seller.

Late or non-deduction of TDS attracts interest under Section 201(1A) of the Income Tax Act. Additionally, failure to deposit TDS on time results in penalties. The buyer may also be treated as an "assessee in default," making them liable for the full TDS amount plus interest and penalties — even if the seller has already paid their income tax.

Yes. NRI sellers can benefit from Double Taxation Avoidance Agreements (DTAA) between India and their country of residence. By submitting a Tax Residency Certificate and applying for a lower withholding certificate from the Assessing Officer under Section 195(2), the applicable TDS rate can be significantly reduced, preventing over-deduction of tax at source.

Yes. Agricultural land is specifically exempt from TDS requirements under Section 194-IA. However, the land must genuinely qualify as agricultural land under income tax definitions. Urban agricultural land and land situated within certain municipal or urban limits may not qualify for this exemption. Professional verification is recommended before assuming exemption.

TDS must be deducted on each instalment payment as it is made to the seller. The 1% deduction under Section 194-IA applies to each individual payment if the total consideration exceeds ₹50 Lakhs. It is not permissible to defer TDS deduction until the final payment. Our advisory service manages TDS computation and filing for every instalment systematically.

Get Your TDS Compliance
Done Right — Today.

Don't risk penalties, interest, or legal notices. Our experts handle every step of TDS compliance for your property transaction — resident or NRI.

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