• TDS on selling of joint property

Hello,

Me and my wife are jointly purchasing a property above 50 lacks from joint owners (husband and wife). 
I need to deduct the TDS of 1% from the total consideration. What is the distribution of the TDS? 

As per my reading of FAQ (How will transactions of joint parties....?) at https://www.tin-nsdl.com/faqs/tds-on-sale-of-property/TDS-FAQ.html, it should be as per below:
Buyer 1 deducts 1% of TDS from Seller 1 for his proportionate share in the house property
Buyer 1 deducts 1% of TDS from Seller 2 for her proportionate share in the house property
Buyer 2 deducts 1% of TDS from Seller 1 for his proportionate share in the house property
Buyer 2 deducts 1% of TDS from Seller 2 for her proportionate share in the house property

Is my understanding correct?
So we need to fill 4 Form 26QBs - one for each buyer-seller combination? Is this correct?

Also, since we paid the total consideration in 3 installments (2 via self-funding and 1 via home loan), this means the above 4 transactions now become 4*3 = 12 transactions, which means 12 Form 26QBs. Is this correct?
Asked 5 years ago in Capital Gains Tax

Dear Sir,

 

Yes, your understanding is correct.

 

However,You can fill 4 Form 26QB as long as the payments are within the same month. 


Alternatively, you may fill multiple form 26QB i.e. 12 form.

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

Yes the understanding is correct that you need to file 4 form 26QB but I don't agree with your understanding of 12 form 26QB.

I think 4 form 26QB is enough and you just mention the payment was made in installments.

Because they say that TDS must be deducted at the time of credit or payment whichever is earlier so you don't take any hassle and deduct TDS on entire amount in one go by showing it as amount credited.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4274 Answers
97 Consultations

5.0 on 5.0

Yes you are correct. The purpose is proper TDS should get deducted and deposited timely.

Vivek Kumar Arora
CA, Delhi
4848 Answers
1045 Consultations

5.0 on 5.0

When I am trying to pay there is no autofill of TDS amount.

In total amount paid or credited you need to mention the amount of agreement and then in the amount paid or credited you need to mention the amount on which TDS is required to be deducted.

What is the amount of transaction?

You can call me if you need any further help.

Naman Maloo
CA, Jaipur
4274 Answers
97 Consultations

5.0 on 5.0

Hi

Yes ,your understanding is correct.

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

 

You need to mention the agreement value in "Total amount paid/credited".

 

 

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

Yes, theoretically, your understanding is correct.

However, please note that TDS deduction is on payment basis. So, if only you are making the payments, your wife need not deduct any TDS.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

In such case, there would be only 1 form 26QB. As mentioned above, TDS deduction is on payment basis.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

Make sure while filing the form, you select the option of more than one buyers and more than one sellers.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

Hi,

 

Yes, you need to file 12 forms 26QB.

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

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