1. TDS of 1% of the official Agreement Sale Value should be deducted from the Buyer, by the Seller whose account is proposed to be credited (Mother).
2. This should be mentioned in the Sale Agreement.
Keep Smiling .... Hemant Agarwal
Mother and daughter are joint owner of a apartment. investment is done by mother. daughter is studying abroad. thay want to sell the property. full transaction they wants in mother's account. what will be TDS deduction ?
1. TDS of 1% of the official Agreement Sale Value should be deducted from the Buyer, by the Seller whose account is proposed to be credited (Mother).
2. This should be mentioned in the Sale Agreement.
Keep Smiling .... Hemant Agarwal
1) Mother can save INR 2.80 lacs as tax exempted by filling up form 14 / 15 G.
And it totally depends upon when the property is purchased and what price is currently sold.
Need to check Index value and how amount your mother is going to reinvest in the bond or real estate.
Its totally depends upon them.
1. TDS deduction will be 1% on the value of the property, if the value of the property is RS. 50 Lakhs and above. 1% TDS is as per rule 194 1a of I.T. Act .
2. Since mother and daughter are joint owners of the property, both have to execute the agreement of sale and absolute sale deed. If the daughter cannot physically attend the registration process, the daughter can execute a Power of Attorney to sign on her behalf, in favour of her mother or anyone, to conclude the deal. In the POA, the daughter can authorise her mother to receive the daughter's share also.
Both mother and daughters are joint owner of property
2) for sale of daughter share in property it is mandatory for buyer to deduct 22.66% TDS on the sale price of the property if capital gain is long term capital gain.TDS is deducted on the total Sale Value of the property.
3) for sale of mother share in property
for indian residents TDS of 1% is deducted on selling price
There will be no TDS upto the sale consideration value of Rs. 50,00,000/-
TDS has to be deducted at 1% from resident Indian sellers if the transaction is more than Rs 50 lakh in value.
If the daughter is a joint owner then she also has to execute the registered sale deed by appearing in person before the sub-registrar's office.
The mother cannot sell the property on her own without the daughter participating in the sale transaction even though the mother fully funded for the purchase of the proeprty.
sale of property exceeding Rs. 50 lakhs in India, a tax of 1% has to be deducted on the total sale consideration before making the payment to the seller. The buyer must then deposit this 1% TDS to the Government.
the regulation mandates that on sale of property exceeding Rs. 50 lakhs in India, a tax of 1% has to be deducted on the total sale consideration before making the payment to the seller.
procedure to deposit TDS
If daughter is NRI then for her share it would be 20 perfect and for mother share 1 percent TDS shall be applicable.
In effect since June 2013, the regulation mandates that on sale of property exceeding Rs. 50 lakhs in India, a tax of 1% has to be deducted on the total sale consideration before making the payment to the seller.
The buyer must then deposit this 1% TDS to the Government. PAN of both the buyer and seller must be compulsorily specified while filling out Form 26QB to ensure that sellers don’t avoid taxes on the capital gains they make.
This rule does not apply on sale of agricultural land.