Form 26QB

Section 194-IA of Income Tax Act 1961 

Income Tax

Section 194-IA of Income Tax Act 1961 sets a few rules related to buying and selling immovable property such as land, building, and more. 

When purchasing an immovable property valued at Rs. 50 Lakh or more, an individual is required to deduct TDS from the amount they pay the seller at the rate of 1% of the consideration or stamp value of the property whichever is higher under Section 194-IA of the Income Tax Act, 1961. Such TDS is required to be deducted at the time of credit of such sum to the account of the transferor /seller or at the time of payment of such sum in cash or by issue of a cheque or draft or by any other mode, whichever is earlier.

Therefore, one can infer that no deduction under this Section is required to be made where the value of the immovable property is less than Rs. 50 lakhs. Also, the Section applies to immovable property other than agricultural land.

TDS so deducted is required to be deposited to the credit of Government within 30 days from the end of month in which the tax deduction has been made by submitting Form 26QB.

Requirements Associated with Form 26QB

  • At the time of the transaction, the buyer is required to deduct TDS at the rate of 1% from the sale price of the immovable property.
  • A Tax Deduction Account Number (TAN) is not required for a buyer to gather and submit TDS payments to the government. PAN information for the seller and the buyer is required, nevertheless, if Form 26QB is used to deduct TDS.
  • If there are many buyers and sellers, more than one Form 26QB will be needed.
  • Within 15 days after the TDS deduction and payment, the buyer must provide the seller with a Form 16B, which is a TDS certificate. In the event that there are many buyers, TDS must be paid equally and at comparable rates by each buyer.
  • In the event that the immovable property is deemed agricultural land, the buyer is exempt from having to deduct TDS.

Please note that the concerned land will be considered as agricultural if the land is not situated:

  •  in any area where the land within the jurisdiction of a cantonment or municipality and the population is not less than 10,000.
  •  The land is not situated in any area within the distance given below:

Penalty Charges Associated with Form 26QB

  • Penalty under section 271C shall be levied of an amount equal to tax not deducted.
  • For delay in filing TDS, penalty @ Rs. 200 per day of delay. However the penalty cannot exceed the amount of TDS (Section 234E)
  • If TDS deducted but not paid to Government, penalty @ 1.5%p.m. for non remittance
  • For delay in submission of Form 26QB, penalty from Rs. 10,000 to Rs. 1 lakh may be levied under Section 271H. No penalty will be levied hereunder if TDS is paid along with fees, interest and the required statement within a specific time.

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