Clarification on Nature of Payment Code for NRI Property Sale in Form 27Q (AY 2026-27)

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Dear Experts,

I am filing Form 27Q (144 under New IT Act) for the purchase of an immovable property from an NRI under the Income-tax Act, 2025.

In this case, TDS has been deducted at 12.5% on the long-term capital gains.

The TDS utility provides multiple Nature of Payment options for Long-Term Capital Gains, such as:

  • LTCG u/s 197(1) [112]
  • LTCG u/s 197(4) [112(1)(c)(iii)]
  • LTCG u/s 198 [112A]
  • LTCG u/s 214 Sl. No. 1 (115E)
  • LTCG u/s 214 Sl. No. 2 (115E)

My query is:

For Long-Term Capital Gain arising on the sale of immovable property (land) by an NRI, where no lower deduction certificate under Section 197 has been obtained, which Nature of Payment code should be selected in Form 27Q(144)?

If possible, kindly explain the scope of each of the above codes and clarify which one is specifically applicable to the sale of immovable property by an NRI.

Your guidance with the relevant statutory provisions or CBDT instructions would be greatly appreciated.

Thank you.

Replies (2)
Quick Summary
This discussion seeks clarification on the correct 'Nature of Payment' code to use in Form 27Q when filing TDS for the sale of immovable property by an NRI. The user has deducted TDS at 12.5% on the entire sale consideration as no lower deduction certificate was obtained. They are unsure which of the provided Long-Term Capital Gains (LTCG) codes to select in the TDS utility, as a general 'other payment' option is not apparent. Expert guidance is requested to identify the applicable code and understand the scope of each option.

  • No Certificate Case: If no Section 197 certificate exists, do not select codes referencing Section 197.

  • Selection: Choose the code for "Any other payment to non-resident... as long-term capital gains".

  • TDS Liability: Remember that without the certificate, the law requires you to deduct TDS on the entire sale consideration (or the capital gains, depending on specific compliance) at the applicable rate.

Thank you for your response, Sir.

In my case, TDS has been deducted on the entire sale consideration at 12.5%, as no certificate under Section 197 was obtained.

However, while filing Form 27Q, I am unable to find any Nature of Payment option such as "Any other payment to non-resident – Long-Term Capital Gains."

The utility only provides the following LTCG options:

  • LTCG u/s 197(1) [112]
  • LTCG u/s 197(4) [112(1)(c)(iii)]
  • LTCG u/s 198 [112A]
  • LTCG u/s 214 Sl. No. 1 (115E)
  • LTCG u/s 214 Sl. No. 2 (115E)

Could you please clarify which Nature of Payment code should be selected in this situation for the purchase of immovable property from an NRI where TDS has been deducted on the entire sale consideration at 12.5% and no Section 197 certificate exists?

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