Query on 1% tds for property

273 views 4 replies
Hi,
I have a query on property of property which is in the final stages of construction and possession has not been given by builder yet ( un-registered property). The investor(original allotee) is selling the property and the builder would transfer the allotment letter from his name to the new allotee.. This property is worth more than 50Lakhs. The investor has already paid 1% TDS on the original property value on behalf of the builder. Now he is selling the property at a higher price ( almost 70% more ). Do the buyer/new allotee need to pay 1% TDS on this property for the allotment transfer from the investor to his name? Should the 1% TDS be paid on for the delta/profit of the investor or the full transfer consideration.
Replies (4)

normally investor won't go for registration of property only to avoid govt. taxes like stamp duty, service tax, VAT etc.     TDS too is part of govt. taxes and applicable to only registered properties i guess.

 

Why did inverstor paid 1% TDS?  Actually he was not required to do so

 

Experts please correct if I am wrong

 

 

Dear Sir, if you go through the provision, the charging point attracting TDS is date of Payment for property Value > 50 Lakhs, whereas the registration is point whereby the IT department gets information to track the transaction fulfiling the above criteria. However although I understand that if investor do not register and sale their property before registration, the same will not form part of AIR of Sub-Registrar, however in such case investor will be taking risk. 

its a matter of taking risk, if transaction is tracked, so better to pay. Every subsiquent transfer of ownership where money changes hand, 1% needs to be paid.

In my opinion,

TDS @ 1% needs to be paid.

 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details
Company
19 June 2026
Accounts Executive

Getfive Advisors Pvt. Ltd.

Ahmedabad

CA Inter

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details