TDS on Immovable Property Transactions by Resident Individuals & HUFs


Quick Summary
This notification introduces amendments to the Income-tax Rules, 2026, effective from 1st October 2026. It clarifies the rules regarding Tax Deducted at Source (TDS) on the transfer of immovable property when the payer is a resident individual or Hindu Undivided Family (HUF). The changes specify the sections and table serial numbers under which deductions are to be made and update relevant forms for compliance.

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 22nd September, 2026
INCOME-TAX

G.S.R. 830(E).— In exercise of the powers conferred by section 533 read with sections 395(4)(a) and 397(3)(a) and (b) of the Income-tax Act, 2025 (30 of 2025), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 2026, namely: ––

1. (1) These rules may be called the Income-tax (Fifth Amendment) Rules, 2026.
    (2) They shall come into force on the 1st day of October, 2026.

2. In the Income-tax Rules, 2026, ––
(a) in rule 215(1), in the Table, against serial number 3, for the entries in column B, the following shall be substituted, namely:–

“(i) Deduction under section 393(1)––

  • (a) [Table: Sl. No. (2)(i)];
  • (b) [Table: Sl. No. (3)(i)];
  • (c) [Table: Sl. No. (6)(ii)]; and
  • (d) [Table: Sl. No. (8)(vi)].

(ii) Deduction under section 393(2)[Table: Sl. No. 17] in respect of a transaction, where a resident individual or Hindu undivided family is required to deduct tax at source on any consideration for the transfer of any immovable property.”;
(b) in rule 218(3),–

(i) in the opening portion, after the words, figures and brackets “where any sum is deducted under section 393(1)”, the word, brackets and figure “and (2)” shall be inserted;
(ii) in clause (d), after the brackets, words, figures and letters “(section 393(1)[Table: Sl. No. (8)(vi)]);”, the word “or” shall be inserted;
(iii) after clause (d), the following clause shall be inserted, namely:–

“(e) any consideration for transfer of any immovable property (being a sum of the nature specified in section 393(2)[Table: Sl. No. 17]) and where such consideration is paid or credited by a resident individual or Hindu undivided family.”;
(c) in rule 219,–
(i) in sub-rule (5),–
(A)in clause (c), the word “and” shall be omitted;
(B) in clause (d), for the brackets, word, letters and figures “[Table Sl. No. (8)(vi)].”, the brackets, words,letters and figures “[Table Sl. No. (8)(vi)]; and” shall be substituted;
(C) after clause (d), the following clause shall be inserted, namely:–
“(e) section 393(2) [Table Sl. No. 17], where a resident individual or Hindu undivided family is required to deduct tax at source on any consideration on transfer of any immovable property.”;
(ii) in sub-rule (8), for the word, brackets and figure “sub-section (1)”, the word, brackets and figure “subsection (7)” shall be substituted;
(d) in Appendix III,–
 (I) in Form No. 132,–
(i) for the brackets, words, figures and letters “[See rule 215(1) [Table: Sl.No.2]]”, the brackets, words, figures and letters ”[See rule 215(1)[Table: Sl. No. 3]]” shall be substituted ;
(ii) in the Table, in PART A,–

8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(A) against serial number 7, in the third column, after the entries “ □ Transfer of virtual digital asset”, the following entries shall be inserted, namely:–
“ □ Transfer of immovable property by a non-resident to a resident individual or Hindu undivided family”;
(B) against serial number 10, in the third column, the brackets, words and figure “(refer Note 3)” shall be
inserted;

(iii) in the Table, in PART B, in the sub-heading, for the figures “132”, the figures “141” shall be substituted;

FAQ :

These rules come into force on the 1st day of October, 2026.

These amendments specifically affect resident individuals and Hindu Undivided Families (HUFs) who are required to deduct tax at source on any consideration for the transfer of any immovable property.

The amendments are made to Rule 215(1), Rule 218(3), Rule 219, and Appendix III (Form No. 132) of the Income-tax Rules, 2026.

Yes, Form No. 132 in Appendix III has been updated, including changes to the table entries and sub-headings.

The amendments aim to further amend the Income-tax Rules, 2026, specifically to clarify and update the provisions related to TDS on immovable property transactions involving resident individuals and HUFs.

 

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