TDS on Property Purchase

When purchasing immovable property in India, it's essential to understand the implications of Tax Deducted at Source (TDS) as governed by Section 194-IA of the Income Tax Act. This section dictates that the buyer of the property is responsible for deducting and depositing TDS under specific conditions. TDS (Tax Deducted at Source) on property purchase is a 1% tax deduction applicable when buying immovable property (land, building, or both) valued Rs. 50 lakh or more. Pay 1% TDS in 30 days via Form 26QB. Avoid late fees and penalties.
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2 min read
15 July 2025

When you purchase a property in India, you must be aware of the TDS (Tax Deducted at Source) requirement. This is a tax that the buyer must deduct from the sale price before paying the seller. The purpose is to ensure that the seller’s capital gains are reported and taxed appropriately. TDS on property purchase applies when the property value is Rs. 50 lakh or more. This article offers a complete guide on how this works—from the current TDS rates, recent rule changes, and how to make online payments, to the step-by-step filing process and a list of documents you’ll need. We'll also answer common questions related to TDS on property to help make your transaction smooth and compliant.

TDS rules on property deals changed in 2025

As of June 2025, the government has made changes to how TDS on property is calculated. Now, 1% TDS is deducted from the entire transaction amount if the property value is Rs. 50 lakh or above. Importantly, the tax is to be calculated on the total value of the deal—not split amounts in joint ownership. Budget 2025 also raised the TDS threshold for rental income—from Rs. 2.4 lakh to Rs. 6 lakh annually (or Rs. 50,000 per month), offering relief to tenants and landlords alike.

How to file TDS on sale of property?

Filing TDS on property sales is a fairly simple process if you follow these key steps:

Step 1: Get Form 26QB
You’ll need Form 26QB, the official TDS return form for property transactions. It’s available on the Income Tax Department’s website.

Step 2: Provide transaction details
Complete the form with required information such as the names, PAN, and addresses of the buyer and seller, along with details of the property and the amount paid.

Step 3: Calculate TDS amount
TDS is 1% of the sale price. If the property is sold after three years from purchase, in some cases, the rate could be 2%.

Step 4: Pay the TDS using Challan 281
Deposit the deducted TDS using Challan 281. This can be done through net banking or other listed methods.

Step 5: Submit the form
After making the payment, you must submit the completed Form 26QB and payment proof online to the Income Tax Department to finish the process.

Documents required for TDS on property sale

Before you begin filing TDS on a property purchase, make sure you have the following documents ready:

  • Registered sale agreement: A copy of the signed and registered agreement is needed to compute the TDS correctly.

  • Property information: You’ll need basic details like the property’s location, size, and how old it is.

  • PAN cards: The Permanent Account Numbers (PAN) of both the buyer and the seller are mandatory when filing the TDS return.

  • Aadhaar numbers: Recent changes now require you to mention Aadhaar numbers along with PAN when submitting TDS forms.

Having these documents prepared in advance will make the entire process of filing and paying TDS on the property quick and hassle-free.

Steps to TDS on property online

Paying TDS for property transactions is now possible online, making the process faster and easier. Here’s how:

  • Go to the Income Tax Department’s website: Visit www.incometaxindia.gov.in and click on the ‘e-payment’ section.

  • Select the correct challan: Choose Challan 281, which is specifically for TDS on property deals. Enter the PAN, TAN (if applicable), and the relevant assessment year.

  • Enter TDS amount: Input the TDS amount payable (typically 1% of the property value) and pick your payment method (internet banking, debit card, etc.).

  • Make the payment: After confirming all details, complete the payment process. Save the receipt or acknowledgement copy as proof for future reference.

What is TDS on property?

TDS on property is a tax collected when a buyer pays the seller for a property. The buyer must deduct 1% of the sale amount as TDS and deposit it with the government. No surcharge or education cess is added. If the seller does not give their PAN, the TDS rate becomes 20%. This rule helps reduce tax evasion by collecting tax during the transaction. It also ensures regular tax income for the government and spreads the tax payment evenly across the year.

TDS rates on property purchase

When buying property in India, Tax Deducted at Source (TDS) is a crucial factor. According to Section 194IA of the Income Tax Act, a buyer must deduct 1% TDS on property transactions exceeding INR 50 lakh. This rule applies to all properties, excluding agricultural land. The deducted amount must be deposited with the government, and the buyer must furnish a TDS certificate to the seller. Proper TDS compliance is essential to avoid penalties. Ensure timely TDS deduction and payment for a smooth property transaction process.

Rules and regulation to claim TDS on purchase of property

As per the Income Tax Act, 1961, TDS is applicable when an individual or entity buys immovable property exceeding a specified threshold value. Let’s understand the key points regarding TDS rules on property purchase:

  1. Threshold limit: Currently, the threshold limit for TDS on property purchase is Rs. 50 lakh. If the property's value exceeds this amount, the buyer is required to deduct TDS at a rate of 1% of the total consideration amount.
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  2. Applicability: TDS on property purchase applies to residential and commercial properties. It includes all types of immovable property transactions, such as flats, apartments, houses, land, and commercial buildings.
  3. Buyer's responsibility: The buyer of the property is responsible for deducting TDS at the specified rate. The deducted amount must be remitted to the government on behalf of the seller as advance tax.
  4. TAN requirement: The buyer needs to obtain a TAN (Tax Deduction and Collection Account Number) if not already obtained. TAN is mandatory for deducting TDS on property purchase.
  5. Form 26QB: To comply with TDS rules, the buyer must fill and submit Form 26QB online through the NSDL website or TIN-FCs (Tax Information Network Facilitation Centers). This form requires details of the property, seller, buyer, and TDS payment.
  6. TDS payment: After filling out Form 26QB, the buyer needs to make the TDS payment through online modes like net banking or credit/debit cards. The TDS amount deducted must be deposited with the government within the specified due dates.
  7. TDS certificate: Once the TDS is successfully paid, the buyer is required to download the TDS certificate in Form 16B from the TRACES website. This certificate serves as proof of TDS deduction and must be issued to the seller.
  8. Home loan and TDS: If the property purchase is financed through a home loan, TDS is deducted on the entire consideration amount, including the loan component. The TDS deduction applies to the total consideration amount and not just the cash paid.
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  9. Exemptions: TDS on property purchase is not required to be deducted if the property value is less than Rs. 50 lakh or if the property is being acquired for agricultural purposes.

What is Section 194IA of the Income Tax Act?

Section 194IA of the Income Tax Act outlines TDS requirements for property transactions. Key points include:

  • TDS on sale of property: When a property’s sale value exceeds ₹50 lakh, the buyer must deduct 1% TDS from the transaction amount.
  • Applicability: This rule applies to all properties except agricultural land.
  • TDS deposit: The deducted amount must be deposited with the government within 30 days using Form 26QB.
  • PAN requirement: Both buyer and seller PAN details are essential to process TDS deduction.
  • Penalty: Non-compliance attracts interest and penalties under the Income Tax Act.
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What is TDS on purchase of property?

TDS (Tax Deducted at Source) on the purchase of property is a mechanism by which the government collects tax at the time of property transaction. When purchasing property, if the transaction exceeds a certain threshold, the buyer is required to deduct TDS before making the payment to the seller. The current rate for TDS on property purchase is usually 1% of the property value for properties valued above a specified limit. This TDS amount is then deposited with the government by the buyer. Failure to deduct or deposit TDS can lead to penalties and legal repercussions for the buyer. It's essential for both buyers and sellers to understand and comply with TDS regulations to ensure a smooth property transaction.

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How to claim TDS on sale of property?

To claim TDS on the sale of a property, the seller must verify that the buyer has deducted and deposited the TDS with the government using Form 26QB. The seller should then check Form 26AS to ensure the TDS amount reflects accurately. At the time of filing their income tax return, the seller can include the TDS under the "TDS claimed" section. The TDS amount can either reduce the tax liability or be refunded if excess tax was paid, ensuring compliance with the Income Tax Act for property transactions.

What is Form 26QB?

Form 26QB is the challan-cum-statement used for filing TDS on the purchase of a property. It is a crucial document that contains information about the property transaction, the parties involved, and the TDS amount paid. You can easily download Form 26QB from the official tax website for your records.

Understanding the TDS rules on the purchase of property is essential to ensure compliance with tax regulations. If you have any specific queries regarding TDS on property purchase, it is advisable to seek guidance from a qualified tax professional.

TDS certificate registration and downloading process

Registering for and downloading a TDS (Tax Deducted at Source) certificate involves a series of steps to ensure compliance with tax regulations. Here's a brief overview of the process:

TDS certificate registration:

  1. TAN registration: Before deducting TDS, the deductor (the person or entity deducting tax) must have a Tax Deduction and Collection Account Number (TAN). If not already obtained, one can apply for TAN online through the NSDL website.
  2. TDS deduction: Deduct TDS as per the prescribed rates while making payments like salary, rent, or professional fees, depending on the nature of the transaction.
  3. Filing TDS returns: Quarterly TDS returns must be filed using Form 24Q for salary, 26Q for non-salary payments, and 27Q for payments to non-residents. These returns should be filed online on the Income Tax Department's e-filing portal.
  4. TDS certificate generation: After successfully filing the TDS returns, the TDS certificates (Form 16 for salary and Form 16A for non-salary) will be generated by the Income Tax Department.

Downloading TDS Certificate:

  1. Login to TRACES: Visit the TRACES (TDS Reconciliation Analysis and Correction Enabling System) website and log in using your TAN credentials.
  2. Navigate to 'Download Certificates': Once logged in, go to the 'Download Certificates' section under the 'Statements/ Forms' tab.
  3. Select certificate type: Choose the appropriate certificate type (Form 16 or Form 16A) and the relevant financial year for which you need the certificate.
  4. Download certificate: After selecting the details, click on the 'Download' button to download the TDS certificate in a ZIP file format.
  5. Extract and save: Extract the ZIP file and save the TDS certificate for your records and further use.

It's crucial to ensure that the TDS deducted matches the details in the TDS certificate to avoid discrepancies. Regularly checking and downloading these certificates helps in maintaining accurate financial records and ensures compliance with tax regulations.

Other topics you might find interesting

Income Tax Notice Section 142 1​

Section 80CCD 2 of Income Tax Act

Section 194H of Income Tax Act

Section 80CCD 1 of Income Tax Act

Section 148 of Income Tax Act

Section 80GGC of Income Tax Act

Section 80DD of Income Tax Act

Section 80E of Income Tax Act

Home Loan Interest Deduction

Section 80CCD 1B of Income Tax Act

Section 80DDB of Income Tax Act

Section 80G of Income Tax Act

56 2 X of Income Tax Act

Section 194IA of Income Tax Act

Section 80EEA of Income Tax Act

Section 80GG Deduction of Income Tax Act

It's crucial to ensure that the TDS deducted matches the details in the TDS certificate to avoid discrepancies. Regularly checking and downloading these certificates helps in maintaining accurate financial records and ensures compliance with tax regulations.

Conclusion

Paying TDS on a property purchase is an essential part of the real estate transaction process in India. By understanding the steps involved and ensuring you submit all required documents, you can avoid penalties and ensure smooth compliance. Whether you’re buying a residential flat or commercial space, proper payment of TDS helps you stay on the right side of the law and prevents issues during property registration or future tax filings. Follow this guide to complete your purchase responsibly.

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Frequently asked questions

Who is responsible for deducting TDS on property transactions?

The responsibility of deducting TDS lies with the property buyer. They must deduct 1% of the sale value and deposit it to the government on behalf of the seller within the prescribed time frame.

What is the minimum property value for TDS to be applicable?

TDS is only required if the property’s sale value exceeds Rs. 50 lakh. If the transaction is below this limit, no TDS needs to be deducted by the buyer.

Do NRIs have to follow the same TDS rules when buying or selling property?

Yes, Non-Resident Indians must also comply with TDS regulations. NRIs selling property in India must ensure that the buyer deducts the applicable TDS. The buyer must also get a TAN before making the payment.

How does TDS work for property with joint ownership?

When a property is jointly owned, each buyer must deduct TDS on their respective share of the payment. Each party must also file separate TDS returns for their portion of the deal.

Does TDS apply when purchasing agricultural or rural land?

TDS is not applicable on the purchase of agricultural land or rural property, provided the land is strictly used for farming purposes. Buyers must verify the land use before claiming this exemption.

What is the difference between TDS on buying a property and TDS on rent?

TDS on buying a property is 1% of the sale value, while TDS on rental income is usually 10%. These are two separate tax obligations under the Income Tax Act and are calculated and paid differently.

Can a buyer request for lower or zero TDS deduction?

Yes, in certain situations, the buyer can apply for a lower or nil TDS deduction by submitting Form 13A. This application requires seller details, transaction information, PAN, and proof of payments made.

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