Non resident sale his property

1. TDS deduction which section?
2. TDS payment Form Applicable?
3. if TAN number not available?
4. Purchase Transaction-Agreement to Sale Date & Possession date diffential which date consider for cost of indexation calculation?
Replies (29)
Quick Summary
This discussion clarifies the tax implications for non-residents selling property in India. Key points covered include TDS deduction under Section 195, the correct challan form for payment (Challan 281), and the necessity of a TAN number for the buyer. It also addresses the calculation of capital gains indexation, specifying that the agreement to sell date is considered.

Section 195 is applicable

Tds has payment has to be done from challan no.281

Purchaser has to apply for TAN

1.Purchase Transaction-Agreement to Sale Date & Possession date diffential which date consider for cost of indexation calculation?
 

Consider Sale deed date
1. When a NRI makes a sale of property in India the buyer is required to deduct TDS under section 195 of the Income Tax Act 1961. The rate of the tax deduction is not fixed at 1% unlike section 194IA in this case. Rather, it would depend upon the nature of capital gains arising out of the transaction.

2. This TDS is required to be deposited along with Challan No./ ITNS 281

3. Not mandatory

4. Use date of agreement to sale
Is TAN not required if you purchase from NRI? I think purchaser needs TAN for filing TDS return and payment right?
TAN is required for Section 195 tds related payments and tds return filing
All the details to be complied with.

TAN Not required in case of sale of immovable property.

TAN is required if it is covered by Section 195 though it is sale of immovable property
It is specifically given you can pay tds u/s 195 using your PAN also.
Then Which form will be used for Tds payment under section 195 ?

TDS on Sale of Property by NRI in 2022 [Complete Guide] (charteredclub.com)

 

Form No. 26QB is used to pay tax

 

Form 26QB is not applicable for NRI seller.

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