TDS on Property- 26QB filing Doubt

My brother & his wife are buying a property

There are 2 sellers, A and B, for a flat in Navi Mumbai

Seller A doesn't want any money, and everything goes to B

So TDS should be 0 for Seller A and 1% for Seller B?

 

Replies (3)
Quick Summary
This discussion clarifies the rules for deducting Tax Deducted at Source (TDS) when purchasing property from multiple sellers, specifically addressing situations where payment is directed to only one seller. It explains that TDS must be calculated on each seller's share of the property's consideration, even if one seller doesn't directly receive funds. Buyers are responsible for filing separate Form 26QB for each seller based on their ownership share, not just who receives the payment. The sale deed and agreement should clearly outline the allocation of consideration and payment instructions to ensure correct TDS compliance.

NO. TDS to be decuted over both, yhough payment can be made to any  one in the direction & consent of the other.

Two sellers, one not wanting payment directly:

• TDS is deducted on each seller's share of consideration (if the total is Rs 50 lakh or more), with separate 26QB for each seller (per buyer). Even if seller A asks you to pay B (or the full amount to B), TDS on A's share must be deducted under A's PAN.

• Each buyer files 26QB for their share of payment to each seller.

TDS should generally be allocated by the sellers’ respective shares in the sale consideration—not simply by who receives the money. If A and B are both owners/vendors, but the sale deed records that A’s consideration is nil and B is entitled to the entire consideration, TDS may be deducted on the amount payable to B, subject to the applicable section 194-IA threshold and conditions. Do not assume A’s TDS is nil merely because the payment is routed to B: the ownership shares and consideration stated in the agreement and sale deed must support that allocation.

For a property transaction subject to section 194-IA, the buyer deducts 1% on the consideration (or stamp-duty value, if higher) when the threshold is met. Ensure the deed clearly records the allocation and payment instructions, and file Form 26QB using the correct seller and buyer details; where there are multiple buyers or sellers, the required buyer-seller combinations may need separate filings.

This allocation should be checked alongside the sale deed and payment trail before preparing the TDS filing. Manual property-TDS work can be difficult, and automation reduces repetitive checks and data entry while professional judgment remains in control. At Jir AI, our 2,000+ AI agents and 650+ integrations streamline GST, ITR, TDS, TCS and other compliance workflows, helping reduce manual workload by up to 70%. WhatsApp us to explore support for your compliance workflow: https://wa.me/message/3HVOZ7HIY4ESC1

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