SCOPE OF TDS


This query is : Resolved 

Quick Summary
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

22 May 2022 1% TDS applicable under section 194IA if the both the payment exceed 50 lacs.

23 May 2022 But the occupiers are not the legal owner of that property, they are just trespassers Still TDS usv194IA is applicable?

23 May 2022 Yes, TDS applicable and the entire amount will be considered as capital gains and taxable in their hands.


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