TDS RETURN ON PURCHASE OF PROPERTY FORM 26QB

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We, at K M Gatecha & Co LLP, believe in providing our clients with the complete range of services including TDS RETURN ON PURCHASE OF PROPERTY FORM 26QB online in Ahmedabad related to taxation, compliance to Government rules and regulations, and investment, in an efficient and hassle-free manner. If you're purchasing immovable property in India valued at ₹50 lakh or more, understanding Form 26QB is crucial to staying compliant with tax laws. This form facilitates the deduction and payment of TDS (Tax Deducted at Source) on property transactions. Here's everything you need to know, from its purpose and filing process to penalties and expert assistance.

TDS RETURN ON PURCHASE OF PROPERTY FORM 26QB in Ahmedabad

    TDS RETURN ON PURCHASE OF PROPERTY FORM 26QB online in Ahmedabad

    What is Form 26QB? Form 26QB is a TDS challan-cum-statement used for depositing tax deducted at source (TDS) on the purchase of immovable property. As per Section 194IA of the Income Tax Act, buyers must deduct 1% TDS on the total sale consideration of the property if its value exceeds ₹50 lakh. According to Section 194-IA of the Income Tax Act, 1961, if an individual purchases immovable property exceeding Rs. 50 lakh, they are required to deduct TDS (Tax Deducted at Source) while making payment to the seller. The deducted TDS amount must be remitted to the government by submitting Form 26QB within 30 days from the end of the month in which the TDS deduction was initiated. For example, if a transaction commenced on June 15th, 2020, the TDS payment needs to be made to the government by July 31st, 2020. It's important to emphasize that this TDS deduction and payment obligation applies solely to the acquisition of immovable property post June 1st, 2013. If all formalities regarding the property were concluded before this date, the filing of TDS is not mandated under the provisions of the Income Tax Act.

    Key Features of Form 26QB

    1. Applicability:
      • Form 26QB is mandatory for property transactions (excluding agricultural land) exceeding ₹50 lakh.
    2. TDS Rate:
      • The buyer must deduct 1% TDS from the total payment to the seller.
    3. No TAN Required:
      • Buyers do not need to obtain a TAN (Tax Deduction Account Number). The PAN of both the buyer and the seller is sufficient.
    4. Deadline:
      • TDS must be deposited using Form 26QB within 30 days from the end of the month in which the deduction is made.
    5. Form 16B:After payment, Form 16B (TDS certificate) must be generated and issued to the seller as proof of deduction.

    Step-by-Step Process to File Form 26QB

    1. Access the Form:
    2. Filing the Form:
      • Select the ‘e-Pay Tax’ option under ‘Services’.
      • Click on TDS on Property (Form 26QB).
    3. Enter Required Details:
      • Buyer and seller PANs.
      • Property details, including address and transaction value.
      • TDS amount and payment details.
    4. Choose Payment Mode:
      • Opt for Net Banking for online payment or Generate Challan for payment at an authorized bank branch.
    5. Confirm and Submit:
      • Upon successful payment, a challan counterfoil with a Challan Identification Number (CIN) will be generated.
    6. Download Form 16B:

    Documents Required to File Form 26QB

    • PAN of the buyer and seller.
    • Details of the property transaction, including agreement value.
    • Payment proof (if already made).
    • Bank account details for online payment.

    Form 26b online

    Requirements Associated with Form 26QB online

    Section 194-IA of the Income Tax Act, 1961 lays down specific regulations concerning the purchase and sale of immovable properties such as land, buildings, and more. These regulations include:

    1. The buyer is obligated to deduct TDS at a rate of 1% from the sale value of the immovable property at the time of the transaction.
    2. The buyer is exempt from deducting TDS if the property’s cost is below Rs. 50 lakh.
    3. The buyer is not required to obtain a Tax Deduction Account Number (TAN) to withhold and remit TDS to the government. However, PAN details of both the buyer and the seller are necessary if TDS is deducted using Form 26QB.
    4. If there are multiple buyers and sellers involved, multiple Form 26QBs will be necessary.
    5. If the property payment is made through installments, the TDS is deducted proportionally across each installment.

    Following the deduction and settlement of TDS, the buyer must furnish a Form 16B (TDS certificate) to the seller within 15 days. In cases where there are multiple buyers, TDS must be paid at equal rates by all parties involved.

    A buyer is exempt from TDS deduction if the immovable property is categorized as agricultural land.

    It’s essential to understand that the concerned land will not be classified as agricultural if the following conditions are met:

    • The land, with a population exceeding 10,000, falls within the jurisdiction of a Cantonment or Municipality.
    • The land is located within the specified distance as indicated below: 

    Distance from Cantonment Board or Municipality 

    Population

    Up to 2 kms

    Minimum of 10,000 but not exceeding 1,00,000

    Up to 6 kms

    Minimum 1,00,000 but exceeding 10,00,000

    Up to 8 kms

    Above 10,00,000

    tds on purchase of property

    Penalty Charges Associated with Form 26QB

    The table given below gives the penalty charges associated with Form 26QB:

    Penalty Charges

    Reasons

    The buyer incurs a 1% interest charge on the amount not deducted for TDS.

    If TDS is deducted

    1% interest is charged monthly on the TDS amount that has not been remitted.

    If TDS is deducted but not paid to the government

    According to the provisions of Section 234E, taxpayers face penalty charges of Rs. 200 per day for late filing of TDS.

    In case of delay in filing TDS

    Penalties ranging from Rs. 10,000 to Rs. 1 lakh can be imposed as per Section 271H. However, no penalties will be levied if TDS is paid along with interest, fees, and the necessary statement within the specified timeframe.

    Penalty charges under Section 271H of the Income Tax Act, 1961, can only be levied if a required statement is not submitted within the specified timeframe.

    Here is a list of authorized banks through which TDS payments can be made:

    • State Bank of India
    • Indian Overseas Bank
    • Indian Bank
    • IDBI Bank
    • Union Bank of India
    • Bank of Baroda
    • ICICI Bank
    • HDFC Bank
    • Punjab National Bank
    • Punjab and Sind Bank
    • Jammu and Kashmir Bank
    • Central Bank of India
    • Bank of Maharashtra
    • Bank of India
    • United Bank of India
    • Corporation Bank
    • UCO Bank
    • Canara Bank

    As previously noted, following the payment of TDS, it is mandatory for the buyer to furnish Form 16B to the seller within 15 days, certifying the TDS amount remitted to the government.

    Form 26QB Download

    To download Form 16B, follow these steps:

    Step 1: Visit the official TRACES website.

    Step 2: Register and log in to the TRACES portal using PAN details.

    Step 3: Provide all the transaction details related to the property.

    Step 4: Enter the Acknowledgment Number, Assessment Year, and PAN of the seller. Then proceed.

    Step 5: Click on “Submit Request”.

    Step 6: Once the download request is submitted, make a note of the download request number.

    Step 7: Navigate to “Requested Downloads” and search using the download request number to locate Form 16B.

    Contact Us for Hassle-Free Form 26QB Filing

    Why Choose K M GATECHA & CO LLP?

    At K M GATECHA & CO LLP, we understand the complexities of property transactions and TDS compliance. Here’s how we can help:

    • Expert Guidance: Get step-by-step assistance with filling, filing, and generating Form 26QB.
    • Accuracy Guaranteed: We ensure accurate calculation and timely compliance to avoid penalties.
    • End-to-End Support: From TDS filing to downloading Form 16B, we manage it all for you.
    • Tailored Services: Personalized solutions that fit your unique requirements.

    Avoid the stress of TDS compliance. Let our team at K M GATECHA & CO LLP handle the process for you. With years of experience and a client-centric approach, we ensure seamless filing and compliance.

    TDS is the tax amount deducted at source by the individual or company which is buying the property.

    Yes, any individual or company which has made payment for a property purchased has to file a TDS return in Form 26QB.

    If PAN card of seller is presented while filing Form 26QB then 1% TDS is to be deducted and if the PAN card is not presented, then 20% TDS is to be deducted.

    • If TDS is not deducted by purchaser, then the TDS amount will be recovered by the Income Tax Department from him/her.
    • If TDS is not deposited by the purchaser after deducting it from paid amount, then the penalty in such case is up to INR 1lakh apart from the TDS amount, Interest Amount and late payment fees.
    • TDS in case of joint owners is to be deducted only when sale amount of each owner is more than INR 50lakhs,
    • For each seller and each buyer, a separate form 26QB must be filled.

    You may face interest, penalties, or disallowance of the property cost during income tax assessments.

    TDS is calculated on the entire sale consideration if it exceeds ₹50 lakh.

    Yes, to correct form 26qb online on the traces website can be made by contacting the Income Tax Department or through the TRACES portal.

    Each buyer and seller must file Form 26QB for their respective shares in the transaction.

    TDS RETURN ON PURCHASE OF PROPERTY (FORM 26QB) in Ahmedabad

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