A developer company purchasing land needs to know if TDS is applicable when paying amounts to illegal occupiers, not just the legal landowners. While Section 194IA typically applies to payments exceeding £50 lakh for property, the question arises if it extends to trespassers. The consensus is that TDS is indeed applicable, with the entire payment to occupiers being treated as capital gains and taxable in their hands.
22 May 2022
Sir, A developer company purchases a 12 Bigha land, pays the land cost to the landowners & also pays some amount to the persons who occupy illegally in this land, Is any TDS deduction necessary for the payment made to those occupiers & if made in what section & rate? Please reply urgently