Brokerage on sale of flat

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When a jointly owned flat is sold, and brokerage is paid jointly, the question arises about TDS deduction. If any of the joint owners have a business or professional income that requires a tax audit (under Section 44AB), they are generally liable to deduct TDS under Section 194H. However, if no owner meets the tax audit threshold, no TDS deduction is required from any of them.

MONIKA KHANNA

MONIKA KHANNA (Querist)

22 September 2025 My client is selling a flat which is jointly owned by 3 individuals. He has to pay brokerage of 1.9 lacs jointly. Does he have to deduct tds .

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

22 September 2025 TDS under section 194H of the Income Tax Act shall also be deducted by all individuals and HUFs (Hindu Undivided Family) who are required to get their accounts audited under section 44AB.
Does your client has business/professional income with tax audit liability?
If yes, he is liable to deduct TDS.

MONIKA KHANNA

MONIKA KHANNA (Querist)

22 September 2025 Yes one of them has professional income but below 50 lacs hence not required to be audited but other two have income only from other sources

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

22 September 2025 In that case TDS liability doesn't arise to any one.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

23 September 2025 Good luck....

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