Tds on sale of property

Buyer is resident and the nri is selling property through his poa and nri gave power to collect all the monies from buyer in poa.sale value is 35lakhs.my questions are as follows

1.whether tds to be deducted as sale value is less than 50lakhs?

2.If answer for 1 is yes,then on whom tds to be deducted(poa or nri seller)

3.What is the tds rate?

(urgent)

Replies (2)

1. Yes, TDS will be deducted even if sales value is less than 50 lacs.

2. NRI

3. Long Term Capital Gain –If the property is held for a period of 2 years or more then the gain arising to the non-resident is long-term in nature and taxable @ 20% (plus surcharge and cess).

particulars Where Income of the NRI Seller is Below Rs. 50 Lakhs Where Income of the  NRI seller is between Rs. 50 Lakhs to Rs 1 Crore Where Income of the NRI seller is above Rs 1 Crore.
TDS Rate 20% 20% 20%
Add: Surcharge NIL 10% on above Rate 15% on above Rate
Total Tax 20% 22% 23%
Add Health & Ed.Cess @ 4% 4% on above Rate 4% on above Rate 4% on above Rate
Total TDS Rate 20.8% 22.88% 23.92%

 

STCG:

 If the property is held for a period of less than 2 years then the gain arising to the non-resident is short-term in nature and taxable according to the applicable income tax slab.

tq very much

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