If Transferee Fails to Deduct Tax Under Section 194-IA, May Be Considered Defaulter:

The Income Tax Department has recently released a pamphlet discussing the Tax Deducted at Source (TDS) payment duties for individual taxpayers.
What Happens When You Fail to Deduct Tax Under Section 194-IA?
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If Transferee Fails to Deduct Tax Under Section 194-IA, May Be Considered Defaulter
The Income Tax Department has recently released a pamphlet discussing the Tax Deducted at Source (TDS) payment duties for individual taxpayers. This focuses on TDS rules for property purchases (except agricultural land) and house rent payments above a certain limit. These rules also apply to non-resident taxpayers. If someone doesn’t follow the TDS rules, they may be considered an 'assessee in default' and, in some cases, could be seen as a tax evader.What does the Income Tax Department Pamphlet say?
- Section 194-IA: TDS on the transfer of specific types of immovable property (excluding agricultural land).
Applicability of TDS under Section 194-IA
- Under this section, anyone buying property (except agricultural land) from a resident seller must reduce TDS (tax at the time of payment).
Threshold limit for TDS deduction
- TDS under Section 194-IA doesn't apply if the property's price and stamp duty value are both under the value of Rs. 50 lakh.
Timing of TDS Deduction
TDS must be reduced before the below-listed two events:- When the payment is transferred to the account of the seller.
- When the payment is formed, whether in cash, by cheque, draft, or any other mode.
TDS Rate under Section 194-IA
- TDS will be 1% of the higher value between the purchase price or the stamp duty value.
- If the seller doesn’t provide a PAN/Aadhaar, the TDS rate will be 20% (as per Section 206AA).
- From April 1, 2025, the higher TDS rate for non-filers (as per Section 206AB) will no longer apply under Section 194-IA.
- If the PAN and Aadhaar are not linked, the higher TDS rate under Section 206AA will still apply.
- If the seller is a Non-Resident Indian (NRI), TDS should be deducted according to Section 195, not Section 194-IA.
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Saloni Kumari
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Saloni is a Content Writer with 2+ years of experience at studycafe.in. She writes legal, taxation, and finance related content including GST, Income Tax etc. Skilled in translating complex judicial pronouncements and regulatory developments into clear, and reader-friendly articles. Experienced in covering judgements of ITAT, High Court, GSTAT, and news related to Income Tax, GST, and corporate law. She can be reached at [email protected].
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