• TDS

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 ?
Asked 7 years ago in Property Law
Religion: Hindu

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11 Answers

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

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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.

 

 

 

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

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

Ajay Sethi
Advocate, Mumbai
99868 Answers
8149 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90070 Answers
2500 Consultations

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.

Mohammed Mujeeb
Advocate, Hyderabad
19340 Answers
32 Consultations

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

  1. Calculate 1% TDS on the total sale consideration. For a property getting sold for Rs. 60 lakhs, the seller would receive Rs.59,40,000 after tax.
  2. Make the payment online on Form 26QB. A challan is generated. Note that this must be done within 7 days from the end of the month in which TDS is deducted.
  3. The payment is reflected on the seller’s Form 26AS under the head Part F within 7 days.
  4. The buyer is then required to furnish a TDS certificate called Form 16B to the seller. This can be downloaded from the TRACES website.

    1. For this, register on the TRACES website with your PAN and challan number.

      1. Click on “Application for request of Form 16B” from the header.
      2.  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If daughter is NRI then for her share it would be 20 perfect and for mother share 1 percent TDS shall be applicable.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

TDS deduction from mother's amount

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

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.

Prashant Nayak
Advocate, Mumbai
34582 Answers
249 Consultations

The buyer has to deduct TDS at 1% of the total sale consideration

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

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