• Sale and Purchase of property by joiner ownership (one person is NRI and another person is Indian Resident)

Hi Team,

I am an NRI and my wife is Indian resident. Our permanent residence is in Greater Noida, Gautam Buddh Nagar (U.P.). We are selling our 2 BHK flat in 65 lakhs and purchasing 3 BHK flat in 75 lakhs. 

We are selling our 2 BHK flat to another Indian resident but purchasing 3 BHK flat from Indian residents who are our real brother in law and sister in law. 3 BHK flat is also under joint ownership.

Can someone please advise us how much TDS will be applicable in both cases and what will be the registration charges including stamp duty and other processing charges.

We would be highly grateful to you as Tax Experts and Tax advocates are not very sure in this case.
Asked 1 day ago in Property Tax

- Please provide the below details in respect to 2BHK flat:

1. Date of Purchase

2. Percentage of share of investment of each joint owners 

3. Any loan obtained for purchase of the flat?

 

- Buyer is liable to deduct TDS@1% in the hands of resident seller and 12.5% +surcharge + Ed.cess @4% in the hands of NRI seller. Applicability of surcharge would depend on the amount paid to the NRI seller. In the hands of NRI seller, TDS would be deducted on the sale consideration amount. For lower or NIL TDS deduction you can obtain certificate from the jurisdictional AO

 

- Buyer is liable to file TDS return and share Form 16A and 16B with the sellers 

 

- Purchase new 3BHK house within 2 years from the date of sale of 2BHK to obtain the benefit of exemption u/s 54

 

- In respect to 3BHK, deduct TDS in the hands of seller as per their residential status and percentage of share of investment of each joint owner in the house property

 

Please confirm stamp duty, registration charges and any other fees from the sub-registrar office or concerned advocate

 

For detailed discussion you may opt for phone consultation

Vivek Kumar Arora
CA, Delhi
5052 Answers
1186 Consultations

- In case of 2BHK sale, entire TDS will be deducted in your hands. TDS rate is 14.30%. Buyer has to obtain TAN for TDS deposit and filing of TDS return

- In case of 3BHK purchase, entire TDS will be deducted in the hands of brother in law

Vivek Kumar Arora
CA, Delhi
5052 Answers
1186 Consultations

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