Can TDS be deducted before making payment

Hi,

I am buying a flat for 90 lacs. My sellers are joint owner and have equal share in the flat. One of the seller is an NRI and other one is resident Indian.

I had signed agreement to sell on 05-Mar'24 and made a payment of 8 lacs to them ( 4 lacs each).

I will make the rest of payment in Apr'24 through bank loan and self funding. Also, registry of the flat will happen in Apr'24.

I had deducted the tds on complete 90 lacs in Mar'24 only and submitted it and filed the tds return. For NRI ( @ 20.8%) on 45 lacs and for resident indian ( @ 1%) on 45 lacs in Mar'24 only.

Is this fine as I deducted the complete tds on 90 lacs in March'24 only before making the complete payment to seller ? 

Replies (13)
Quick Summary
A buyer deducted and submitted TDS on the full property sale amount of 90 lacs in March 2024, before making the complete payment in April 2024. This involved an NRI seller and a resident Indian seller. While the deal amount was fixed, deducting TDS before full payment might cause issues with tax filing for sellers, mismatches in AIS data, and potential assessment notices for the buyer. Corrections to the TDS filing are possible, but the process of shifting the TDS credit to a different financial year can be complex and time-consuming.

No issue ,if the amount isn't going to increase or decrease in the future. 

Deal amount is fixed I.e. 90 lacs...but I only made 8 lacs payment in Mar'24 and rest of the payment in Apr'24.....but deducted and submitted and filed tds return on complete deal amount I.e. 90 lacs in Mar'23 only I.e. before making the payment to the seller. So, complete tds filed for Mar'24 but payment also made in Apr'24...... is it fine? 

Study thoroughly sec 194

Few issues to consider:

1. the sellers will get TDS credit in FY 2023-24 instead of 2024-25 and complicate their tax filing.

2. the data in TDS return (for NRI) and Form 26QB won't match the registrar records. This will mess up the AIS data.

3. AIS data for you would show purchase of high value property in 2024-25 but no corresponding TDS data will be there for the same FY. This may cause mismatch in your return too. 

Hi Nikhil,

if due to mismatch incase any query comes from income tax department then if I reply and share the tds return form/challan then it will be fine... right?

the problem is that it wont get resolved in the automated system and might lead to assessment which is a time consuming process. at the end of it, they can adjust the amounts. But not without a stretched process. 

Hi Nikhil, Thanks for explaining.

One last question, since I had deducted the tds in Mar'24 itself and filed the return on the entire amount.....can it be changed now?

you can make corrections to the filing. But I personally have not dealt with moving dates to a different financial year.

Hi Nikhil,

Also, is there any time limit under which these corrections can be done?

Hi Nikhil,

Also, seller can carry forward their tds to next financial year...right? If tds is credited in previous financial year but registry happens in next financial year.

@ All, please share you valuable suggestion

@ sabyasachi could you please elaborate it

I have purchased the above flat for 90 lacs in my and mother name....I have made the complete payment through self funding and loan....but deducted and submitted 1% tds from my and mother both PANs i.e. 45k from my pan and 45k from mother pan (as her name is there on the registry paper) ...is this fine ?

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