A person who pays consideration for transfer of any immovable property being any land, building or part of building is required to deduct tax under section 194IA at the time of payment or credit whichever is earlier. However, land does not include urban agricultural land.
As per the provisions of section 194IA, tax has to be deducted at the rate of 1% at the time of credit or payment whichever is earlier if aggregate amount of payment is equal to or more than Rs. 50,00,000.
TDS provisions of section 194IA is not applicable if aggregate amount of payment during the financial year is less than Rs. 50,00,000.
In this case, assessee who is liable to deduct TDS amount from the consideration is not required to have TAN.
TDS Return and challan filing
After deducting tax from the consideration paid for transfer of any immovable property, the deductor is required to remit the TDS amount to the credit of central government by using challan 26QB.
As a proof of deduction, the deductor is required to issue TDS certificate in form no. 16B.
If payments for transfer of any immovable property are to be made in installments for a total consideration amount of Rs. 50,00,000 or more, then tax has to be deducted at the rate of 1% while paying instalments.
Challan 26QB has to be filed for each such deduction. This means for each installments, tax has to be deducted at the rate of 1% and paid by using form 26QB.
While filing form 26QB, you are required to have permanent account number of both the parties.
After filing form 26QB, tax amount deducted from payments will reflect in form 26AS.
If assessee is not liable to tax but TDS amount as per section 194IA has been deducted from the consideration, then refund can be claimed by filing return of income with the IT department.