As per Finance Act 2013, any person being a transferee responsible for paying to a resident transferor any sum by way of consideration for transfer of any immovable property other than
a) agricultural land or
b) where consideration for such transfer is less than Rs 50,00,000 (Rupees Fifty Lakhs) shall deduct tax @ 1%
Implications:
1. "Any person" implies even individuals or HUF whi are not covered under Sec 44AB for TDS deduction have a liability to deduct TDS.
2. In case the PAN is not quoted by seller, TDS to be deducted is 20%
3. TDS has to be deducted on the date of credit (e.g. transfer entry) or date of payment whichever is earlier
4. The tax deductor is not required to obtain TAN Number since these are considered to be rare / one time transactions.
a) agricultural land or
b) where consideration for such transfer is less than Rs 50,00,000 (Rupees Fifty Lakhs) shall deduct tax @ 1%
Implications:
1. "Any person" implies even individuals or HUF whi are not covered under Sec 44AB for TDS deduction have a liability to deduct TDS.
2. In case the PAN is not quoted by seller, TDS to be deducted is 20%
3. TDS has to be deducted on the date of credit (e.g. transfer entry) or date of payment whichever is earlier
4. The tax deductor is not required to obtain TAN Number since these are considered to be rare / one time transactions.
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