Tds on purchase of immovable property from non resident ?

Hello everyone,

 

one of my client has purchased a residential house property from a non resident indian. (resident of canada)for Rs.1.50 crores. since 194-IA is not applicable for deduction i am confused as to at what rate tax should be deducted and whether it is necessary to apply for TAN ?

 

waiting for the views of the experts.

 

Replies (7)

No need to take TAN

 

Provisions for Non Resident Indian:- If payment is made to a Non-Resident then section 194-IA will not be   applicable. Rather section 195 will be attracted and TDS is required to be deducted @ 20%+EC&SHEC on the sale consideration. Surcharge @ 10% will be applicable if amount paid exceeds Rs 1 crore. The limit of Rs 50,00,000/- is not applicable in case of payments made to NRI’s.


Read more at: /forum/tds-on-sale-of-immovable-property-sec-194ia-simplified-268528.asp#.U3R9e4GSxZo

Section 195 will apply instead of 194-IA

Yes true...section 195 will be attacted
But an individual is liable to deduct tax only if 44 AA B is applicable in last p.y.

Dear Shilpa, here in this case nothing to do with section 44 AB. as provisons of 194 ia or 195 in lieu of 194 ia is applicable to all who enter into any transaction of sale and purchase of property exceeding specific limit as the case may be. 

Here NRI is required to deduct TDS because 194 IA clearly states if the buyer is resident than Tds is to be done.
Here NRI is required to deduct TDS because 194 IA clearly states if the buyer is resident than Tds is to be done.

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