Tds on Immovable Property

If someone is buying tenanted property above 50 L is he supposed to cut TDS?
TDS is compulsory when there is transfere of immovable property
above 50 L
But in this case technically he is not the owner mearly tenancy rights have been transferred to him as the legal owner of property is the landlord...
please advise
Replies (2)
Quick Summary
This discussion clarifies whether Tax Deducted at Source (TDS) is applicable when purchasing tenanted property valued above £50 Lakhs. The consensus is that TDS is indeed required, as the transaction constitutes a transfer of immovable property rights, even if the buyer isn't acquiring direct ownership from the landlord. This applies as per Section 194 IA of the Income Tax Act, which covers the extinguishment of rights in property.

Yes tds wud required to be made, as the purchaser has purchased property. it doesn't matter in what form transaction is done
Originally posted by : HUZAIFA
If someone is buying tenanted property above 50 L is he supposed to cut TDS?TDS is compulsory when there is transfere of immovable property above 50 LBut in this case technically he is not the owner mearly tenancy rights have been transferred to him as the legal owner of property is the landlord...please advise

 

 

Section 194 IA is applicable only when Transfer of Immovable Property

and  here Transfer means as defined under section 2 (47 ) of the Income Tax Act.

So that in your case TDS liability are arise because your client extinguish his right to other person 

 

Thanks With Regards

Ravi SADhiyan

 

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