• Purchase of property above 50 lakhs jointly

I'm proposing tobuy a flat a resale property of Rs 1 crore jointly with my wife
2) I am availing loan around Rs 75 lakhs and balance Rs 25 lacs my contribution initial token Rs 5,lacs 
My query whether 1% TDS is to be paid even though joint property,and if I deposit Rs 1lac against tds
Then who bears it or who gets exemption or refund and mainly do I pay full Rs 1cr to seller or 99 lacs after reducing TDS amount
Pl guide
Asked 3 years ago in Income Tax

- In your case, liability to deduct TDS is on you. TDS will be deducted at each time of payment to the seller. If the property will be entirely purchased from your sources then only you will be liable to deduct TDS otherwise both you and your wife will deduct TDS in the ratio of your contribution. Rate is 1%.

- After deduction of TDS, you will be required to deposit it to the treasury of the government through challan cum statement i.e. FORM 26QB. 26QB should be filed within 30 days from the end of the month in which TDS will be deducted otherwise late fees and interest on TDS will be levied.

- Please check the residential status of the seller. If he is NRI then you will be liable to deduct TDS on the sale consideration @20% plus cess. Assuming there is no surcharge.

- You will be liable to pay sale consideration less TDS (I.e. 99 lacs) to the seller and seller will claim credit or refund of the same. If sellerbis defacto co-owner of the property then two Form 26 QB will be filed. Number of Form 26QB depends on the defacto buyers and sellers.

 

For detailed discussion, please take phone consultation.

Vivek Kumar Arora
CA, Delhi
4948 Answers
1104 Consultations

Hi

Since you are providing the entire purchase consideration for the property, you are liable to deduct TDS. 

You will pay 99 lacs to the seller and 1 lac to the government. The seller will get TDS credit of 1 lac while filing ITR.

Form 26QB (for each payment) needs to be filed for payment of TDS. Form 26QB is a challan cum return.

 

We may assist you with the compliance.

Lakshita Bhandari
CA, Mumbai
5687 Answers
934 Consultations

Dear Sir,

 

Hope you are doing well !!

 

When you are contributing all the funds, you are the deemed owner of the property for the purposes of income tax, your wife may be legal owner, but you will remain responsible for all incomes and consequent taxes on it. This is the law.

 

So, you need to pay 99 lakh to seller and deduct 1 lakh as tds.

 

Also, since you are paying the entire amount, you need to deduct and pay TDS on entire amount paid. 26QB need not be filed for your wife. Only one 26QB in your name will be required

 

We may assist you in entire compliances and filings.

 

It is advisable to take a phone consultation for detailed discussion.

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

Since token amount will be paid in this FY, TDS would be .75%.

Lakshita Bhandari
CA, Mumbai
5687 Answers
934 Consultations

Hi

You need to pay TDS Because you are paying entire contribution. You need to pay 99 lacs i.e. after reducing tds amount.

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

Hi

It will be .75%.

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

TDS will be .75% for the same.

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

please take phone consultation

Vivek Kumar Arora
CA, Delhi
4948 Answers
1104 Consultations

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