Tax

TDS on property under the Income-tax Act 2025

From 1 April 2026, TDS on a flat worth ₹50 lakh or more falls under s.393(1), Table Sl. 3(i), not s.194-IA. The rate is still 1%; Form 26QB is now Form 141.

By LoftRay TeamPublished 6 min read

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Checked against the official sources by
LoftRay Team

From 1 April 2026, TDS on buying a flat or other immovable property (not agricultural land) worth ₹50 lakh or more falls under section 393(1) of the Income-tax Act, 2025, Table serial number 3(i), instead of section 194-IA. The rate is unchanged at 1% of the consideration or the stamp duty value, whichever is higher. The buyer now pays and reports it in Form No. 141 (formerly 26QB) and gives the builder a certificate in Form No. 132 (formerly 16B).

For a builder, little changes in the money and a lot changes in the paperwork: section numbers on demand letters, form names in buyer reminders, and the year in which the credit is shown.

What changed and what stayed the same

Item Income-tax Act, 1961 Income-tax Act, 2025
Section 194-IA 393(1), Table Sl. 3(i)
Rate 1% of consideration or stamp duty value, whichever is higher 1% of consideration or stamp duty value, whichever is higher
Threshold ₹50 lakh or more ₹50 lakh or more
Buyer’s form to pay and report Form 26QB Form No. 141
Certificate to the seller Form 16B Form No. 132
Rate if the seller has no PAN 20% (s.206AA) 20% (s.397(2)(b)(i))
Fee for a late statement ₹200 a day (s.234E) ₹200 a day (s.427(1))
Interest on late deduction 1% a month (s.201(1A)(i)) 1% a month (s.398(3)(a)(i))
Interest on late payment 1.5% a month (s.201(1A)(ii)) 1.5% a month (s.398(3)(a)(ii))
Credit shown against Assessment year Tax year

The 2025 Act came into force on 1 April 2026 (s.1(3)) and repealed the 1961 Act (s.536(1)). The Income Tax Department’s e-filing FAQs say the new Act applies where the earlier of credit or payment falls on or after 1 April 2026; where it fell on or before 31 March 2026, Form 26QB and the other old forms still apply. The same FAQs say tax deducted in March 2026 is credited in assessment year 2026-27, and tax deducted in April 2026 in tax year 2026-27.

What does the new section say?

Table serial 3(i) of s.393(1) covers “any consideration for transfer of any immovable property (other than agricultural land)”. The rate is 1% of the consideration or the stamp duty value of the property, whichever is higher. The threshold column reads “Fifty lakh rupees and as per Note 3”, and Note 3 says tax is deducted where the consideration or the stamp duty value is “equal to or greater than fifty lakh rupees”.

Section 402(9) adds that consideration includes club membership, car parking, electricity or water facility, maintenance and advance fees, and similar charges incidental to the transfer.

Two points on the threshold:

  • Note 1 adds up the amounts paid by all buyers to all sellers for the threshold, so a ₹60 lakh flat bought jointly by a couple is above it, even though each pays ₹30 lakh.
  • Exactly ₹50 lakh is taxed. As first enacted, Note 3 opened “For the purposes of serial number 3(iii)”, the compulsory-acquisition row. The Finance Act 2026 (Act No. 4 of 2026) substituted “serial number 3(i)” with effect from 1 April 2026 (footnote 81 to s.393 on the Income Tax Department’s site). So the “equal to or greater than” test governs property sales, as the old s.194-IA did. The Form 141 user manual still says TDS is due “only if value exceeds INR 50 Lakh”; that is help text, and the Act prevails.

Tax is deducted at the time of credit or payment, whichever is earlier (s.393(1)(c)). On a construction-linked plan that means on each instalment when it is paid or credited, not once at the end.

A worked example (sample figures)

A buyer books a flat at an agreement value of ₹90 lakh. The stamp duty value is ₹84 lakh, so the higher figure is the consideration. The plinth demand is 10% of the price.

Step Amount
Plinth instalment due (10% of ₹90 lakh) ₹9,00,000
TDS at 1% ₹9,000
Paid to the builder ₹8,91,000
Deposited by the buyer with Form 141 ₹9,000

The buyer deposits the ₹9,000 with Form No. 141 within 30 days from the end of the month in which it was deducted (rules 218(3) and 219(5)), then downloads Form No. 132 within 15 days of that due date (rule 215) and gives it to the builder. The builder credits the buyer’s account with the full ₹9,00,000: ₹8,91,000 received and ₹9,000 as TDS receivable, cleared once the credit shows in the builder’s annual information statement.

GST is left out of this example; the next section explains why.

Is TDS on property worked out on the GST?

Usually not, where GST is shown separately. CBDT Circular No. 23/2017 (19 July 2017) says that where the agreement shows “GST on services” separately, TDS is deducted on the amount paid or payable without that GST. It covers all TDS on payments to residents, not only rent, and GST on an under-construction flat is charged on a supply of construction services (CGST Act 2017, Schedule II, para 5(b)). Section 536(2)(j) of the 2025 Act keeps circulars issued under the 1961 Act in force so far as they are not inconsistent with the new Act.

Item on the demand In the TDS base?
Instalment of the price Yes
Parking, club, maintenance and so on Yes (s.402(9))
GST shown separately No, under Circular 23/2017
GST not shown separately Yes, the whole amount
Interest for late payment Not settled; no official guidance, agree it with a CA

The limit on this: the CBDT has not issued a clarification written for property TDS, and we found no tribunal or court ruling on GST under s.194-IA, so confirm the treatment with your CA. The circular’s condition is that GST is shown separately in the agreement, so keep it a separate line in the agreement for sale and on every demand.

What should a builder change?

  1. Demand letters and receipts. Replace “194-IA” with “s.393(1), Table Sl. 3(i), Income-tax Act 2025” and “Form 26QB” with “Form No. 141” for instalments paid or credited from 1 April 2026.
  2. Buyer reminders. Ask for Form No. 132, not Form 16B, and remind buyers to choose the correct tax year and quote your PAN.
  3. Your PAN on every demand. Form 141 carries the seller’s PAN; if the buyer types it wrongly, the credit does not reach you until the buyer files a correction.
  4. Short receipts. Book the 1% as TDS receivable, not as an overdue amount, so the buyer is not charged interest on tax they deducted correctly.
  5. Monthly check. Match the TDS receivable against the credits in your annual information statement (Form No. 168 under rule 245 of the new rules) and chase the buyers whose credit is missing.

Joint development and NRI sales

Two other parts of the same section matter to builders:

  • Table serial 3(ii) covers consideration, other than consideration in kind, under the agreement referred to in s.67(14): a registered agreement under which a landowner lets another person develop a real estate project in return for a share in it (s.67(15)(b)). The rate is 10%, with no threshold. Note 2 says that where both 3(i) and 3(ii) apply, tax is deducted under 3(ii) only.
  • When a builder buys from a non-resident (for example land from an NRI owner), s.393(1) does not apply, because it covers payments to residents. The deduction falls under s.393(2), Table serial 17, at the rates in force. Form 141 is used for this only where the buyer is a resident individual or HUF (rule 219(5)(e)); a builder company reports it in its quarterly statement in Form No. 144 (rule 219(1)) and needs a TAN, because the TAN exemptions in s.397(1)(c) do not include s.393(2).

How LoftRay records it

LoftRay records TDS, with its section, in transactions, so your team can book the 1% a buyer deducts as TDS rather than leave it as an unpaid amount. Your team approves the TDS rules and their section labels during setup, so the move to the new section numbers is a change your CA signs off. LoftRay does not file TDS returns or download Form 132 for you.

Sources

  1. Income-tax Act, 2025, s.1: commencement on 1 April 2026
  2. Income-tax Act, 2025, s.536: repeal of the 1961 Act; s.536(2)(j) keeps old circulars in force
  3. Income-tax Act, 2025, s.393 as amended by the Finance Act, 2026 (Table, Sl. 3 and Sl. 17; Note 3, footnote 81)
  4. Income-tax Act, 2025, s.397: TAN exemption and the no-PAN rate
  5. Income-tax Act, 2025, s.398: interest for late deduction or payment
  6. Income-tax Act, 2025, s.402(9): what counts as consideration for immovable property
  7. Income-tax Act, 2025, s.427: fee for late statements
  8. Income-tax Act, 2025, s.67(14) and (15): specified (joint development) agreements
  9. CBDT Circular No. 23/2017 (19 July 2017): TDS on the amount excluding GST shown separately
  10. Income-tax Rules, 2026, rule 218: payment with Form No. 141
  11. Income-tax Rules, 2026, rule 219: statements, including Form No. 141 and Form No. 144
  12. Income-tax Rules, 2026, rule 215: certificate in Form No. 132
  13. Income-tax Rules, 2026, rule 245: annual information statement, Form No. 168
  14. e-Filing portal: Form 141 user manual
  15. e-Filing portal: TDS compliance FAQs (which Act applies to which payment)
  16. Income-tax Act, 1961, s.194-IA: TDS on transfer of immovable property
  17. Income-tax Act, 1961, s.206AA: rate where no PAN is furnished
  18. Income-tax Act, 1961, s.201(1A): interest for late deduction or payment
  19. Income-tax Act, 1961, s.234E: fee for late statements

Each source was read on . Laws and rates change: check the current text before you act on a figure here.

Common questions

Which section replaced 194-IA?

Section 393(1) of the Income-tax Act, 2025, Table serial number 3(i), where the credit or payment (whichever is earlier) falls on or after 1 April 2026. Where it fell on or before 31 March 2026, s.194-IA of the 1961 Act and Form 26QB still apply.

Has the TDS rate on property changed?

No. It is 1% of the consideration or the stamp duty value, whichever is higher, where either is ₹50 lakh or more. Without the seller’s PAN the rate is 20%.

What replaced Form 26QB and Form 16B?

The buyer now pays and reports in Form No. 141, which replaces Forms 26QB, 26QC, 26QD and 26QE. The certificate the buyer gives the seller is Form No. 132, which replaces Form 16B.

Does the buyer need a TAN?

No. Section 397(1)(c)(i) exempts a buyer deducting under s.393(1) Table serial 3(i) from the TAN requirement; Form 141 is filed from the buyer’s PAN login.

Is TDS due when the price is exactly ₹50 lakh?

Yes. Note 3 to the s.393(1) Table, as corrected by the Finance Act 2026 from 1 April 2026, applies to serial 3(i) and taxes a consideration or stamp duty value “equal to or greater than fifty lakh rupees”. Section 194-IA also taxed exactly ₹50 lakh.

Is TDS on property deducted on the GST?

Where the agreement shows GST separately, CBDT Circular No. 23/2017 says TDS is deducted on the amount excluding it, and s.536(2)(j) keeps that circular in force under the 2025 Act. There is no CBDT clarification written for property TDS, so agree the treatment with your CA. Where GST is not shown separately, deduct on the whole amount.