TDS on purchase of flat by co-owners

1. Single seller

2. 2 Co-buyers. First buyer contributes 100% towards the cost. Second buyer's name is mentioned in the agreement but does not contribute anything towards cost.

3. Whether only first buyer should deduct and pay the tax or both buyers have to do it?

Replies (2)
Quick Summary
When purchasing a flat with co-owners, TDS under Section 194-IA of the Income Tax Act is applicable if the sale consideration exceeds ₹50 lakh. If one co-buyer contributes the entire amount, they are solely responsible for deducting and paying the 1% TDS. The other co-buyer, who has no financial contribution, has no TDS liability. It's advisable to consult a tax professional for specific guidance.

A interesting scenario! TDS on Immovable Property As per Section 194-IA of the Income Tax Act, 1961, TDS is applicable on immovable property transactions. The buyer is responsible for deducting TDS at 1% of the sale consideration. Co-buyers' Responsibility In your scenario, since there are two co-buyers, the question arises about who should deduct and pay the TDS. CBDT Circular The Central Board of Direct Taxes (CBDT) has issued a circular (Circular No. 18/2016, dated May 6, 2016) that clarifies the TDS responsibility in cases of co-buyers. As per the circular, if there are multiple buyers, and one buyer pays the entire consideration, then only that buyer is responsible for deducting and paying the TDS. Conclusion In your case, since the first buyer contributes 100% towards the cost, only the first buyer is responsible for deducting and paying the TDS. The second buyer, who does not contribute anything towards the cost, is not responsible for deducting and paying the TDS. However, it's always a good idea to consult with a tax professional or chartered accountant to ensure compliance with the latest tax laws and regulations.

In the case of TDS on the purchase of a flat by co-owners, the applicable provision is Section 194IA of the Income Tax Act, 1961, which mandates 1% TDS on property purchases exceeding ₹50 lakh.

Analysis:

  1. Single Seller – TDS applies if the transaction value exceeds ₹50 lakh.

  2. Two Co-Buyers – The first buyer pays 100% of the consideration, while the second buyer is included in the agreement but does not contribute financially.

Who Should Deduct TDS?

  • Since the first buyer is the sole contributor, he is responsible for deducting and depositing the TDS (1% of the total consideration).

  • The second buyer, having no financial contribution, does not have any TDS liability.

Conclusion

Only the first buyer should deduct and pay the TDS, mentioning their own PAN and seller’s PAN while filing Form 26QB. Reach out to detailed Expert Consultation at Setindiabiz. 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
Featured ARTICLESHIP 06 October 2026
Semi Qualified

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 07 October 2026
Article assistant

S.K.Bajpai & Co.

Noida

B.Com

View Details
Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
05 October 2026
Senior Accountant

Vision IT Peripherals Pvt Ltd

Mumbai

B.Com

View Details
Company
14 October 2026
Accountant

Rize.farm

Bengaluru

B.Com

View Details