Share your views on 1%tds on transfer of immovable property

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 1% TDS COULD PUSH REALTY PRISES UP, DELAY IN TRASACTIONS

 

The Budget proposal to levy one per cent tax deducted at source (TDS) on the value of transfer of immovable properties priced above Rs.50 lakh could push up property prices in cities and delay realty transactions.

In order to have a reporting mechanism of transactions in the real estate sector, it is proposed that every transferee, at the time of making payment or crediting of any sum for transfer of immovable property (not agricultural land) to a resident transferor, shall deduct tax, at the rate of 1 per cent of such sum if the total transfer amount is more than Rs.50 lakh.

There is a chance that sellers will add this component in the overall price.

“There is no question of real estate-developers absorbing this cost. They will increase the value by one per cent and tell buyers to deduct the TDS”. Apart from increasing prices, the proposal is also likely to delay property transactions due to the procedures and process involved in TDS deduction, experts said.

“We cannot deduct unless we have a TAN number. To get a TAN number, we need between 15 days and three weeks. In property markets, you can lose a deal if you delay by three weeks”.

 “This proposal would mean an additional incremental challenge for buyers. It is highly unreasonable for people in cities who are short of time.”

Real estate developers have to create cells in their offices to handle this work which includes deduction of TDS, submitting it to the government and so on, as buyers might lack knowledge on these issues.

Return of income filed without self-assessment is defective:

Many file returns of income without payment of self-assessment tax. Therefore, from June 2013 the return of income will be regarded defective unless a taxpayer has paid the self-assessment tax with interest on or before filing returns.

 

Please share your views on this 1% TDS on transfer of immovable property


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Replies (5)

Endorses the Views of Mr.Ganeshbabu. The Genuine Sellers or the Purchasers will face the wreath. The Cost escalation may not be there because of this 1%. But, addtional burden of TAN Numbers, TDS Return Filing. Aiyo!

I dont think  that the levy of TDS on Property would have much impact on the property prices... Its only that the tax which was required to be paid at the end of the year is now being paid in the form of TDS..

 

But yes, some extra work for payment of TDS, filing of TDS Return etc... I'm expecting some more circulars from the Ministry on the Payment of this TDS..

 

It is one of the mechanisms proposed in the budget to curb black money transactions, as exorbitant prices are charged by realtors. The Government in its wisdom also feels, this is one of the avenues to track transactions in real estate sector and also to augment its revenue. As the KYC norms is already being monitored for specified financial transactions w.r.t transfer of immovable property it may now become a tad difficult to penetrate into the system. Yet, you will find some impersonate who will always find ways to fiddle with the system.

Yes, it will add to administrative bottlenecks and delay in real transactions. Hope that the genuine person is not put into hardship.

 

As per my understanding that there may not be much additional burden or pricing issue of realty sector on account of 1% TDS. This is only to know the buyer's and seller’s transactions and their return of income statement so as to curb the tax evaders. The concern is only in regard to compliance procedures which would trigger to the buyer/s. In regard to compliances, hope there would be some more clarify on this part.  

1 % TDS is not a real issue but the CG should make the execution of sale deed and registration of such docs as per the Stamp Valuation (i.e. the documents has to be executed on the basis of the valuation arrived by the stamp valuation section, also the PANs are made al most mendatory in drafting such deeds.


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