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
Residential property
Commercial property
Land (other than agricultural land)
This applies to:
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 Type | TDS 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
| Default | Penalty / 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?
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