Land purchase from NRI

279 views 4 replies

anshul tiwari

Student CA IPC / IPCC

261 Points Joined August 2015

If some one want to purchase land from NRI which is situated in india then who is liable for tax deduction and is buyer required TAN number for deduction

Replies (4)

Vijay C Nasa

Article

32 Points Joined January 2013

TDS should deducted by Buyer and Buyer is required to get TAN Number for Deduction.

Kapadia Pravin

17264 Points Joined December 2018

Always payer that is buyer is liable to deduct TDS.

Yes when TDS is on Non-resident, buyer ought to have TAN Number

In Such case Section 195 will attract and irrespective of the value of Land Buyer is liable to deduct TDS. And Yes, Buyer is also need a TAN and must deduct TDS at the time of payment of sale consideration. If the buyer does not have a TAN, he must get it from the Income Tax Department as it is a necessary condition to deduct Tax especially in cases where the seller is a Non Resident.

Navratan Swami

Laxminiwas and Jain Chartered Accountant

143 Points Joined May 2012

If you are making payment for anything to NRI you have to see the TDS compliances.

Further as per Section 195 TDS should be deducted for any payment.

** It is responsibility of Buyer to Deduct TDS on Payment to NRI**

Further If NRI does not want to get the TDS deducted the you can advise him to get NO DEDUCTION CERTIFICATE/LOWER DEDUCTION CERTIFICATE from Income Tax Department.

Hence It can be said that the TDS would be applicable on Payment made for Land purchased from NRI.

For any other queries you can contact us.

Regards

Navratan Swami

+91-9892228804