New TDS provision related to purchase of property
This note is being written in response to various calls I have got from clients with respect to the TDS provision on property transactions. Effective from 1 June 2013, taxes are to be deducted at source ('TDS') on payments for the purchase of immovable property (including any land other than agricultural land, or any building or part of a building) @ 1 per cent as per section 1941A. Taxes would be required to be deducted @ 20 per cent should the seller not hold a PAN. Such requirement to deduct taxes is triggered should the purchased property's cost exceed Rs. 5,000,000. The representations made by the Confederation of Real Estate Developers of India requesting a rollback of the section was not accepted thus dashing the hopes of the industry. As the rules for the same were not notified there was the hope of a possible rollback similar to the one performed last year, when such a proposal was placed in the Finance Bill, 2012 but not enacted into the Finance Act, 2012. ...