Hi, I have a query regarding my wife's income tax filing. My wife does not have any earning income or other taxable income. However, an under-construction property has been purchased in her name, and she has been paying the applicable TDS as required for the property transactions. In this situation: 1. Is she required to file an Income Tax Return (ITR) even though she has no income? 2. Does the TDS paid during the property purchase make ITR filing mandatory? 3. If filing is required, are there any specific compliance requirements or forms that should be considered? Please advise. Thank you.
Dear Querist,
Your wife is not required to file an ITR merely because the property is in her name or she has deposited property-purchase TDS. The TDS belongs to the seller and does not constitute your wife’s income or tax credit.
Ensure the applicable property TDS statement—Form 26QB/Form 141, as applicable—is correctly filed under her PAN.
For a more detailed review of your case, you may book a phone consultation.
CA Shubham Goyal
Dear Sir,
Hope you are doing well.
Please find below the responses point wise:
1. Is ITR filing required?
No, if your wife has no taxable income and her total income is below the basic exemption limit.
2. Does TDS paid on property purchase make ITR filing mandatory?
No. Deducting and depositing TDS as the buyer during a property purchase does not by itself make ITR filing mandatory.
3. Any specific compliance or forms?
No separate ITR is required only because of the property TDS.
If she becomes liable to file an ITR for any other reason, she should use the appropriate ITR form based on her income sources.
Thanks & Regards,
Payal Chhaje
In my opinion, ITR filing is not mandatory in the case of your wife since her taxable income is below Rs. 2.5 Lacs.
If she has followed all the below mentioned conditions:
She has then complied with all the required obligations under the Income Tax Act from the buyer point of view.
