Rent received NRI in lieu displacement due to redevelopment of the building

1181 views 2 replies

Greetings!

I am an NRI. My society will undergo redevelopment and the builder will pay rent for vacating the flat.

I wish to know whether this displacement/hardship allowance/compensation is subject to TDS at the hands of the Builder?

If any rule reference can be provided, I will be grateful.

Kindly guide.

Thank you
Regards
Mike

Replies (2)

As an NRI, it's essential to understand the tax implications of receiving displacement/hardship allowance/compensation from the builder.

TDS Applicability According to the Income Tax Act, 1961: 1. _Section 194-I_: Specifies that TDS is applicable on rent paid to residents. However, this section does not explicitly mention displacement/hardship allowance/compensation.

2. _Section 194C_: Deals with TDS on payments to contractors. This section might be relevant if the builder is treating the displacement/hardship allowance/compensation as a contract payment. However, the key provision that might apply to your situation is: ..

1. _Section 56(2)(viii) of the Income Tax Act, 1961_: This section states that any compensation or other payment received by an individual from a builder or developer for vacating a property is taxable under the head "Income from Other Sources." CBDT Circular The Central Board of Direct Taxes (CBDT) issued Circular No. 35/2016 dated 13.10.2016, which clarifies that: "...the compensation received by the homeowner from the builder/developer for vacating the property is not subject to TDS under the provisions of the Income-tax Act, 1961." Conclusion Based on the above provisions and circular: 1. The displacement/hardship allowance/compensation received from the builder might be taxable under the head "Income from Other Sources."

2. However, the CBDT circular suggests that TDS might not be applicable on this payment. As an NRI, it's essential to consult with a tax professional or chartered accountant to ensure compliance with Indian tax laws and to determine the specific tax implications in your case. References: - Income Tax Act, 1961 - CBDT Circular No. 35/2016 dated 13.10.2016 Please consult a tax professional for personalized advice.

Respected Sir,

Thank you very much. All noted.

Sincere Regards

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 07 July 2026
Articleship

Jawahar and Associates Chartered Accountants

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 18 June 2026
Article Assistance

RB KESHRI & CO.

Mumbai

CA Inter

View Details
Company
06 July 2026
Accountant

Agarwal Anoop and Associates

Noida

CA Final

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
29 June 2026
ACCOUNTANT

SANDEEP AASHISH & CO

Araria

B.Com

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details