Introduction

When purchasing an immovable property (other than agricultural land) valued above ₹50 lakhs, the buyer is legally required to deduct 1% TDS from the sale consideration and deposit it with the Income Tax Department.

This deduction ensures proper reporting of high-value property transactions and prevents tax evasion.


Form 26QB is the online challan-cum-statement used by buyers to deposit this TDS and report the property transaction under Section 194-IA.


This guide explains the TDS rules, applicability, filing process, payment method, penalties, and important compliance requirements for buyers.

What Is Section 194-IA?


Section 194-IA of the Income Tax Act mandates that:


  • The buyer (not the seller) must deduct 1% TDS

  • Applicable only when the property value < ₹50 lakhs

  • TDS must be deducted before making payment to the seller

  • This applies to:


  • Residential property

  • Commercial property

  • Land (other than agricultural land)

What Is Section 194-IA?


Form 26QB must be filed when:

  • A buyer purchases immovable property above ₹50,00,000

  • Seller is a resident of India

  • Payment is made in instalments or lump sum

  • More than one buyer or seller is involved (each combination files a separate 26QB)

❌ Not Required for:

  • Sale of agricultural land

  • Seller being an NRI (instead use Form 27Q, with higher TDS rates)

Rate of TDS Under Section 194-IA


Transaction TypeTDS Rate
Property purchase above ₹50 lakhs 1% of sale consideration
Important Notes:
  • PAN of both buyer and seller is mandatory

  • If seller does NOT provide PAN → TDS must be deducted at 20%

  • TDS is calculated on the total sale value, not stamp duty value

Step-by-Step Process to File Form 26QB and Pay TDS


Step 1: Visit TIN-NSDLPortal

Go to https://www.tin-nsdl.com and select TDS on Sale of Property (Form 26QB).


Step 2: Fill Buyer and Seller Details

Enter:

  • Name, address, and PAN of both parties

  • Property details and full sale value

  • Date of payment/credit

  • Amount paid and TDS amount

Step 3: Choose Payment Method

You may pay:

  • Online via Net Banking

  • E-payment through authorised bank

  • Generate challan for offline bank payment

Step 4: Submit Form 26QB

A confirmation page and acknowledgment number are generated.


Step 5: Download Form 16B (TDS Certificate)

  • Log in to TRACES

  • Download Form 16B

  • Provide it to the seller as proof of TDS deduction

Due Dates



  • TDS must be paid within 30 days from the end of the month in which deduction is made.

  • Form 26QB filing and TDS payment happen together.


Penalties and Interest for Non-Compliance


DefaultPenalty / Consequence
Failure to deduct TDS Interest @ 1% per month
Failure to deposit TDS Interest @ 1.5% per month
Late filing of Form 26QB Fee of ₹200/day (u/s 234E)
Incorrect PAN details Penalty up to ₹10,000

Special Situations


✔ Multiple Buyers/Sellers

A confirmation page and acknowledgment number are generated.


✔ Payment in Installments

TDS must be deducted on each installment.


✔ Home Loan Buyers

TDS is deducted on the actual amount paid to the seller, not on loan disbursed by bank.


Why Filing Form 26QB Correctly Is Important


  • Ensures clean ownership records.

  • Avoids penalties under Income Tax Act.

  • Required for property registration and future sale

  • Ensures seller gets credit for tax deducted

  • Prevents mismatch in AIS/TIS and 26AS.


Conclusion


Form 26QB is a mandatory compliance step for anyone purchasing property above ₹50 lakhs. Filing it accurately ensures transparency, prevents interest and penalties, and keeps both buyer and seller compliant under Section 194-IA.


Bisways Consulting Group assists buyers with TDS calculation, Form 26QB filing, Form 16B download, payment verification, and end-to-end support for property-related compliance.



Need help filing Form 26QB or correcting a wrong property TDS challan?

Connect with Bisways Consulting Group — your trusted partner for Property TDS, Income Tax Compliance, and Buyer Advisory

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