Identify Residential Status of Landlord

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Gaurav (Querist)
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17 February 2023 Hello Members,

I pay rent above INR 50,000 for my property. As per the Income Tax rules, I am supposed to deduct 5% TDS on the rental payments if the same exceeds. 50,000.
I got to know that owner is a NRI and thus provisions of section 195 would apply. However owner has never communicated the same to us in any ways like :
The rental agreement shows his permanent address of India Location only.
The bank account wherein the deposit is being done is Savings account wherein I deposit the rent on monthly basis.
Few Queries on the above :
1. Can I assume the owner to be a resident as there is no upfront communication from his end specifically about this status as NRI? Going with the above assumption, can I deduct TDS @5% as per the applicable rates?
2. Any repercussion for me if I failed to deduct tax as per the provisions of section 195.

Regards

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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17 February 2023 Ask him to provide copy of last year's ITR filed, to ascertain his residential status.

Gaurav

Gaurav (Querist)
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17 February 2023 But is it my responsibility to check the status or Can't I directly assume it to be resident and follow the rules as applicable as nothing is stated on the rent agreement and bank account is also is regular savings account?

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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17 February 2023 If you have any doubt about his residential status, it is always better to get it verified, before getting involved in any litigation. Otherwise, he should have declared himself as resident Indian somewhere in writing.

Gaurav

Gaurav (Querist)
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18 February 2023 Thank you so much for the guidance.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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18 February 2023 Most welcome.

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