TDS on Property Purchase 2026

TDS on property purchase 2026

Most buyers expect to pay stamp duty and GST when they buy a home, but many are surprised to learn that the buyer also has a small tax duty of their own at the point of purchase. Under the income tax law, a buyer must deduct a percentage of the sale value as tax at source, or TDS, and deposit it with the government on the seller's behalf. It is a compliance step rather than an extra cost out of your pocket, but getting it wrong can lead to notices and penalties, so it is worth understanding before you buy a flat in Kompally.

This guide explains when TDS on a property purchase applies, the value threshold that triggers it, the rate a resident buyer deducts, how the deposit and certificate work through Form 26QB and Form 16B, and how the rules change when the seller is an NRI. Tax rules and rates are revised from time to time, so treat the figures below as indicative and confirm the current position with a tax advisor or the income tax department before you act.

When TDS Applies on a Property Purchase

The rule that governs this for a resident seller is Section 194-IA of the Income Tax Act. It requires the buyer of an immovable property, other than certain agricultural land, to deduct TDS if the sale consideration is at or above a threshold that has long stood at Rs.50 lakh. In other words, when the value of the property crosses that threshold, the buyer must deduct tax at source on the payment made to the seller. The obligation sits with the buyer, not the seller, which is why buyers need to be aware of it even though it is the seller's income being taxed.

The Rate and the Threshold

For a resident seller, the TDS rate under Section 194-IA has generally been one percent of the sale consideration, and it is deducted when the payment is made. TDS applies on the consideration at or above the Rs.50 lakh threshold, and where payment is made in instalments, the deduction is applied on each instalment. A buyer under this section does not need a TAN and can use a PAN to comply, and the seller's PAN is essential; if the seller does not provide a valid PAN, a higher rate can apply.

PointPosition for a resident seller
Governing sectionSection 194-IA
Who deductsThe buyer
ThresholdSale consideration at or above Rs.50 lakh
RateGenerally 1% of the consideration
Deposit formForm 26QB (challan-cum-statement)
Certificate to sellerForm 16B

Indicative for a resident Indian seller. Rates, thresholds and rules are set by the income tax law and can be revised. Verify the current figures with a tax advisor or the income tax department.

How to Deposit It: Form 26QB and Form 16B

Once the buyer deducts TDS, it must be deposited with the government using Form 26QB, which is a combined challan and statement filed online. This is generally required within a set number of days from the end of the month in which the deduction was made, so it should not be left until after registration. After the deposit is processed, the buyer downloads Form 16B, the TDS certificate, and hands it to the seller as proof that the tax has been deducted and paid. Keeping these records is important, because they support both parties' tax filings for the year.

When the Seller Is an NRI

The one percent rule under Section 194-IA is for a resident seller. When the seller is an NRI, a different provision applies and the TDS is generally deducted at a higher rate linked to capital gains, with surcharge and cess as applicable, and the buyer typically needs a TAN to comply. Because the treatment is more involved, a purchase from an NRI seller is best handled with professional advice. If you are on the buyer side of such a transaction, our NRI property guide gives useful background on how NRI transactions are structured.

How TDS Fits Buying at Prestige Kompally

TDS on a property purchase is a compliance step, not an additional charge, because the amount deducted is adjusted against the seller's tax. Still, a buyer at Prestige Kompally should factor it into the paperwork timeline so the deduction and Form 26QB filing happen alongside the payment schedule rather than as an afterthought. It sits next to the one-time stamp duty and registration charges and any GST on an under-construction home as part of the total cost and compliance of a purchase. For the wider set of checks, read our home buying guide before you commit.

Frequently Asked Questions


1. Who has to deduct TDS on a property purchase?

The buyer does. Under Section 194-IA the buyer of an immovable property deducts TDS from the payment to a resident seller and deposits it with the government. The obligation sits with the buyer even though it is the seller's income being taxed.

2. What is the TDS rate on buying a property?

For a resident seller the rate under Section 194-IA has generally been one percent of the sale consideration, deducted at the time of payment. Rates are set by the tax law and can change, so confirm the current rate with a tax advisor before you deduct.

3. Does TDS apply on every property purchase?

No. Under Section 194-IA it applies when the sale consideration is at or above the threshold that has long stood at Rs.50 lakh, for property other than certain agricultural land. Below that threshold this particular deduction does not apply.

4. What are Form 26QB and Form 16B?

Form 26QB is the combined challan and statement the buyer files online to deposit the deducted TDS. Form 16B is the TDS certificate the buyer downloads afterwards and gives to the seller as proof the tax was deducted and paid.

5. Do I need a TAN to deduct TDS on property?

For a resident-seller transaction under Section 194-IA, a buyer generally does not need a TAN and can comply using a PAN. When the seller is an NRI, a different provision applies and the buyer usually does need a TAN, so professional advice helps.

6. How is TDS different when buying from an NRI?

The one percent rule is for a resident seller. When the seller is an NRI, a different section applies and TDS is generally deducted at a higher rate linked to capital gains, with surcharge and cess as applicable. Such purchases are best handled with a tax advisor.

Conclusion

TDS on a property purchase is one of those steps that catches first-time buyers off guard, but it is straightforward once you know the rule. For a resident seller, Section 194-IA asks the buyer to deduct tax at source when the consideration is at or above the Rs.50 lakh threshold, deposit it through Form 26QB and hand the seller a Form 16B certificate. When the seller is an NRI, the treatment is different and heavier, so it deserves professional help. Build the deduction into your payment timeline, keep the paperwork clean, and reconfirm the current rate and threshold with a tax advisor, and TDS stays a simple compliance step rather than a problem after purchase.

For more local detail, return to the Kompally real estate guide, or explore the property guides blog.

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