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Ashish Garg   17 June 2020

Tds on property purchased from nri

hi ,
i have purchased a property from nri seller. i have deducted 20.8 percent. i am getting a notice for shart tds. income tax is computing as 31.2.
i am not able to understand why it is happening


 2 Replies

Neha sharma

Neha sharma (-)     06 March 2021

TDS @ 20.8 is applicable if property held by the NRI is held for more than 2 years. 

However, if the property has been held by the NRI for less than 2 years, 31.2% would be the rate of TDS which would be applicable.

Therefore, the tax officer is correct in sending this notice as 31.2% TDS is applicable in such a case. 

 

Josh

Josh (Manager)     07 March 2021

Hi, I have a question in this case. Can the benefit of form 26A be applied in this case if the payee (though NRI) has filed his return u/s 139 and paid the applicable tax

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