Form 26QB: TDS on Sale of Property

4 mins read
by Angel One
Form 26QB is vital for property transactions in India, ensuring TDS compliance. Timely submission avoids penalties, simplifying transactions online. Buyers must promptly fill and submit to ensure smooth property purchase deals.

While planning to buy or sell property in India, you may have come across Form 26QB, a crucial document in property transactions. This form is utilised by buyers to report their Tax Deducted at Source (TDS) about property sales. Sellers must deduct a percentage of tax on property sales under Section 194IA of the Indian Income Tax Act, 1961. 

The percentage changes according to the amount of sales, ranging from 1% to 30%. The Income Tax Department mandates this process to ensure swift tax collection. If you’re an individual or Hindu Undivided Family (HUF) member purchasing property valued at ₹50 lakh or more, you must deduct TDS and file Form 26QB. 

What Is Form 26QB?

Form 26QB is an essential document in property transactions governed by the Income Tax Act of 1961. When purchasing immovable property exceeding ₹50 lakh, buyers must deduct TDS at 1% of the property value or stamp duty, whichever is higher, under Section 194-IA. This deduction ensures tax compliance.

Form 26QB acts as an online statement and challan for TDS payment to the government. It requires property details, buyers, sellers, and tax deposits. In simple terms, it’s an instrument that helps with tax administration by allowing purchasers to declare TDS on property transactions that can be accessed online through the Income Tax website.

Key points regarding the conditions related to Form 26QB:

  • Accuracy is essential; the form has to be filled out accurately and completely.
  • It is necessary to have the buyer’s and seller’s PAN numbers and other important details.
  • Attach Payment Challan 280 along with Form 16A.
  • Submission must take place within 30 days from the property purchase date.
  • Provide the reference number for the Form 26QB TDS return.
  • If the property’s value is less than ₹50 lakhs, no TDS deduction is needed.
  • Mandatory for the transfer or sale of immovable property.
  • If agricultural land is sold, there is an exemption from filling out Form 26QB.

Learn More About Form 16

If any of the following two criteria are met, the land will not be classified as agricultural land:

  • If the property comes under the cantonment area’s authority and has a population density of more than 10,000 persons per square kilometre.
  • If the property has more than 1/3 of the total area utilised for non-agricultural purposes.

Penalties Relating to Form 26QB

The following table explains Form 26QB penalty charges and potential causes:

Reasons Charges
TDS deduction not made 1% monthly from the selling date till the deduction date
Delay in filing TDS Section 234E stipulates that you must pay a penalty of ₹200 for each day that you are late
When form 26QB is filed late From the deadline until the actual filing date, interest will be charged at a rate of 1.5% per month.
Non-submission of form 26QB A penalty of ₹10,000 in compliance with Income Tax Act Section 271H

How Can I Submit Form 26QB Online?

Following the steps below will help to fill and submit Form 26QB online easily:

  • Head to the NSDL website: You’ll find the NSDL website through a quick web search. Log in using your PAN, email, and password.
  • Find Form 26QB: Look for “e-forms” and select Form 26QB (TDS on property sale).
  • Fill in the details: Enter PAN details for both buyer and seller, along with any information from Form 16A or challan 280 (if applicable).
  • Calculate TDS: Calculate the TDS amount you need to pay.
  • Generate and save: Once everything’s filled, generate a copy of Form 26QB for your records.
  • Submit online: Submit the completed form along with Form 16A/challan 280 details on the NSDL website.
  • Keep a record: You’ll receive an acknowledgement as proof of filing, along with a reference number for future use.

Note: For future use, save copies of Form 26QB, Form 16A/challan 280, and the reference number. This is beneficial if the Income Tax Department has any inquiries. You may make sure you pay the appropriate property purchase tax, stay out of trouble with the law, and prevent delays by submitting Form 26QB. 

How Can Form 26QB Be Downloaded?

Follow the steps mentioned below to learn how to get Form 26QB: 

  • Open the official Income Tax e-Filing website and log in.
  • Choose the ‘Downloads’ option.
  • Select Form ’26QB.’
  • Get the PDF version of form 26QB.
  • Launch the form 26QB PDF viewer and enter the information listed above.
  • After determining the amount of TDS that has to be paid, submit form 26QB.
  • Ultimately, a form of acknowledgement will be provided as documentation of the submission of form 26QB.

Conclusion

An essential document for TDS deposition on property purchases is Form 26QB. Prompt filing by buyers is essential to avoid heavy fines. Simple online procedures guarantee hassle-free transactions. Therefore, purchasers must fill out Form 26QB and submit it right away to guarantee a smooth property transaction.

FAQs

How can I check my online TDS deduction?

You can use Form 26AS to check your entire TDS deduction online. All you have to do is go to the IT department’s e-filing site and enter your login information. Proceed to the ‘View Form 26AS’ area, choose the assessment year, and download the form 26AS in PDF format.

What should I do if I purchased a house, and forgot to deduct TDS?

A penalty interest of 1% is applied to the outstanding TDS amount if TDS is not deducted. Pay your penalty as quickly as you can in this situation. To avoid paying high fines, complete your TDS return on time.

How should Form 26QB be filed if there are joint buyers?

To obtain a distinct buyer-seller combination for each own share, each buyer should ideally complete Form 26QB or the e-statement form. Filing four forms for equivalent property shares is necessary, for example, if there are two purchasers and two sellers. Likewise, it is necessary to complete two forms if there is one buyer and two sellers.

What happens if the seller's PAN is unavailable?

In such situations, 20% of TDS is withheld rather than the relevant rate. Purchasers should preserve the information on forms 26QB and 16A/challan 280 and the form 26QB TDS return reference number for future use.