1% TDS to be applicable on property worth Rs 5 million or more
Real Estate

1% TDS to be applicable on property worth Rs 5 million or more

The government announced that a 1% Tax Deduction at Source (TDS) will be applicable on the sale of immovable property valued at Rs 5 million or more, even if multiple buyers and sellers are involved. This clarification was provided by Finance Minister Nirmala Sitharaman in her Budget Speech to address cases of misinterpretation of tax provisions.

It was confirmed that 1% TDS will apply to transactions involving multiple sellers or buyers where the total consideration is Rs 5 million or more.

Section 194-IA of the Income Tax Act: This section mandates TDS on the payment of consideration for transferring certain immovable properties other than agricultural land. An amendment will be introduced to clarify this provision. - Finance Minister Nirmala Sitharaman stated, "Where there is more than one transferor or transferee involved in a property transaction, the total consideration for TDS purposes will be the combined amount paid or payable by all transferees to all transferors."

Responsibilities of buyers: - According to the law, the buyer (transferee) must deduct tax at source on the amount paid to the seller (transferor) for transferring the immovable property. - Sub-section (1) of Section 194-IA: Any person responsible for paying a resident for the transfer of any immovable property must deduct 1% TDS on the sum paid or the stamp duty value, whichever is higher. - Sub-section (2) of Section 194-IA: No TDS is required if the consideration and the stamp duty value are both less than Rs 5 million.

Clarification and amendment: - Some taxpayers have interpreted the law to mean that each individual buyer's payment must be less than Rs 50 lakh to avoid TDS, even if the total property value exceeds Rs 5 million. This interpretation contradicts the legislative intent. - The government will amend Sub-section (2) of Section 194-IA to clarify that for properties involving multiple parties, the total consideration is the combined amount paid by all buyers to all sellers.

Effective date: - These amendments will come into effect on October 1, 2024.

The government announced that a 1% Tax Deduction at Source (TDS) will be applicable on the sale of immovable property valued at Rs 5 million or more, even if multiple buyers and sellers are involved. This clarification was provided by Finance Minister Nirmala Sitharaman in her Budget Speech to address cases of misinterpretation of tax provisions. It was confirmed that 1% TDS will apply to transactions involving multiple sellers or buyers where the total consideration is Rs 5 million or more. Section 194-IA of the Income Tax Act: This section mandates TDS on the payment of consideration for transferring certain immovable properties other than agricultural land. An amendment will be introduced to clarify this provision. - Finance Minister Nirmala Sitharaman stated, Where there is more than one transferor or transferee involved in a property transaction, the total consideration for TDS purposes will be the combined amount paid or payable by all transferees to all transferors. Responsibilities of buyers: - According to the law, the buyer (transferee) must deduct tax at source on the amount paid to the seller (transferor) for transferring the immovable property. - Sub-section (1) of Section 194-IA: Any person responsible for paying a resident for the transfer of any immovable property must deduct 1% TDS on the sum paid or the stamp duty value, whichever is higher. - Sub-section (2) of Section 194-IA: No TDS is required if the consideration and the stamp duty value are both less than Rs 5 million. Clarification and amendment: - Some taxpayers have interpreted the law to mean that each individual buyer's payment must be less than Rs 50 lakh to avoid TDS, even if the total property value exceeds Rs 5 million. This interpretation contradicts the legislative intent. - The government will amend Sub-section (2) of Section 194-IA to clarify that for properties involving multiple parties, the total consideration is the combined amount paid by all buyers to all sellers. Effective date: - These amendments will come into effect on October 1, 2024.

Next Story
Equipment

Handling concrete better

Efficiently handling the transportation and placement of concrete is essential to help maintain the quality of construction, meet project timelines by minimising downtimes, and reduce costs – by 5 to 15 per cent, according to Sandeep Jain, Director, Arkade Developers. CW explores what the efficient handling of concrete entails.Select wellFirst, a word on choosing the right equipment, such as a mixer with a capacity aligned to the volume required onsite, from Vaibhav Kulkarni, Concrete Expert. “An overly large mixer will increase the idle time (and cost), while one that ..

Next Story
Real Estate

Elevated floors!

Raised access flooring, also called false flooring, is a less common interiors feature than false ceilings, but it has as many uses – if not more.A raised floor is a modular panel installed above the structural floor. The space beneath the raised flooring is typically used to accommodate utilities such as electrical cables, plumbing and HVAC systems. And so, raised flooring is usually associated with buildings with heavy cabling and precise air distribution needs, such as data centres.That said, CW interacted with designers and architects and discovered that false flooring can come in handy ..

Next Story
Infrastructure Urban

The Variation Challenge

A variation or change in scope clause is defined in construction contracts to take care of situations arising from change in the defined scope of work. Such changes may arise due to factors such as additions or deletions in the scope of work, modifications in the type, grade or specifications of materials, alterations in specifications or drawings, and acts or omissions of other contractors. Further, ineffective planning, inadequate investigations or surveys and requests from the employer or those within the project’s area of influence can contribute to changes in the scope of work. Ext..

Advertisement

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement

Advertisement

Talk to us?