Tax on long term capital gain

Tax queries 156 views 2 replies

 NRI Client is selling house property in india, out of which he incurred long term capital loss asset is long term asset, here TDS as per 195 is applicable, even though LONG TERM CAPITAL LOSS, please clarify , urgent    

Replies (2)

Yes, Correct; unless lower/nil TDS deduction certificate u/s. 197 of the act, is obtained by either of the party from IT authority

Yes, TDS would be Deducted by the payer because TDS is not subject to Gain/Loss but it is something which works according to the payment made.

Also, you could apply for Certificate u/s 197 from your Jurisdictional AO for Lower Deduction of TDS and then just provide this certificate to your Payer and then he would deduct TDS accordingly.


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