• TDS on unregistered flat

Hi, I have recently bought a unregistered flat . assignment agreement . Builder has already paid 1% TDS on behalf of seller . Builder will be registering flat directly on my name . Do I need to pay 1% TDS on total agreement value between me and seller or only the delta between agreement value and what seller paid to builder . Please help me on this .
Asked 5 years ago in Property Law
Religion: Other

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15 Answers

You have to deduct TDS on amount paidby you  to seller As per your agreement 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

The 1% TDS paid by the builder  on behalf of the seller shall have to be paid by you to the builder.

Why at all the builder pay l;ess amount towards TDS and clim more fro you, it is deposited to government account, hence you pay what the builder actually paid and not more than that.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

It shall be your liability to deduct 1% tds from the total value of the flat if such value exceeds 50 lakh rupees and deposit it within seven days in the following month. 

Tell builder to take refund of the tds deposited by him .

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. You have to deduct and pay 1 percent TDS to government on total amount paid to seller by you. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

- As per Section 194IA of Income Tax Act, A buyer has to deduct tax at the rate of 1% of the sale consideration, if the value of the transaction is Rs 50 lakhs or more.

- Further , this section covers residential property, commercial property, as well as land , and transactions pertaining to the purchase of agricultural land, are not covered under this provision.

- Hence, the buyer has to deduct TDS at 1% of the total sale consideration , and not seller. 

- Further, No TDS is required to be deducted if sale consideration is less than Rs 50 lakhs

- And further, if the payment is made by instalments, then TDS has to be deducted on each instalment paid.

 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

You have to pay TDS on the amount which seller paid to builder 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

TDS on total amount. 

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

If builder had paid you don't have to pay. 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Hi

1) Section 194-IA of income tax stipulates that 1% Tax Deducted at Source is payable on all Sale transactions (please note it is applicable on all sale transactions) . 

2) All buyers need to compulsorily deduct 1% TDS and deposit the same in Revenue /Treasury bank quoting the seller / builder PAN Card number. 

3) So, you need to deduct 1% TDS of the entire sale consideration that you intend to pay to the person who is registering the sale deed in your favour.

4) Whatever  earlier TDS was  paid by any person who dealt with the said property in whatsoever capacity,  cannot be adjusted for future sale transactions.

Hope this information is useful. 

 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2174 Answers
394 Consultations

TDS is applicable only when if the property by 2 exceeds rupees 50 lakh and this is the responsibility of the buyer to deduct 1% TDS from the payment and directly pay to the department and provide the proof of payment to the seller so that he can claim the amount in calculation of his tax liability.

increase 1% TDS has already been paid by the builder so it is your responsibility to pay 1% amount to the seller as this amount of TDS is already paid.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

The buyer has to deduct TDS at 1% of the total sale consideration. Note that the buyer is required to deduct TDS, not the seller. No TDS is required to be deducted if sale consideration is less than Rs 50 lakhs. If the payment is made by instalments, then TDS has to be deducted on each instalment paid

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

You need to pay TDS on total agreement value which you have done with seller. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Section 194IA of Income Tax Act mandates that buyer is liable to deduct tax @ 1% of the total sale consideration, if the value of the transaction is Rs 50 lakhs or more. Hence, the liability falls squarely on you.

2. If the sale consideration is less than 50 lakhs then no TDS is to be deducted.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

The earlier agreement holder has paid 1% TDS on the sale value of the flat. Now his rights are being assigned/transferred to you, hence you become the buyer, and therefore the law requires that the buyer must deduct 1% TDS into the account of the Seller before registration. 

Earlier purchaser is the Assignor, Seller of the flat is the builder and hence 1% TDS must be deducted by you, since the earlier purchaser has already done this, you will need to reimburse this 1% to the builder, which is correct and legal.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

You should only pay the amount which has been agreed by you that you will pay ie cost of the property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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