When you buy a property in India in 2026, there is one thing the Income Tax Department expects you to do before you shake hands and hand over the cheque: deduct 1% TDS under Section 194-IA if the price of that property is ₹50 lakh or more and if it is not agricultural land.
You pay that deducted tax using Form 26QB, and you hand the seller a small document called Form 16B, which shows that tax was actually deposited in their name.
To help you avoid all confusion and stay fully compliant on this, here we bring you a detailed guide about TDS on property purchase 2026.
It sounds like paperwork, but there are four very practical reasons why Section 194-IA TDS property rules matter:
In short, it is not a random technical form. This is the income tax department’s way of ensuring large property transactions do not disappear outside the tax system.
Before you head for the property registration office, you should check a few things. Here we bring you a comprehensive checklist:
If you can tick all of those, you have covered nearly 90% of what Section 194-IA expects from a buyer.
When you read Section 194-IA in the bare Act, it looks like six lines and two definitions. But when you actually buy a flat, the real-world questions are different. For example, what if there are two buyers or what if the stamp duty value is higher or what if the seller says they do not have a PAN?
So let us go step by step in how an actual buyer handles TDS on purchase of property in 2026.
TDS applies only when one of the following two conditions are true:
The law changed a few years earlier, and from 2022 onwards, the threshold is not only on the sale deed price. The rule is simple, take the higher number and calculate TDS.
Let’s explain this with an example:
Sale deed shows: ₹48 lakh
Stamp duty valuation: ₹52 lakh
Here, TDS applies because ₹52 lakh crosses the threshold.
What does not count here?
When in doubt, check the stamp duty valuation from the registrar office. In big cities, banks often show it to you in the loan file.
After you confirm TDS applies, get the seller’s PAN. If the seller does not provide PAN, the law forces you to deduct TDS at 20%, not 1%. This is mandated by Section 206AA.
In real deals, this situation is rare, but it happens when the seller is an NRI with no Indian PAN or when the sale is through a guardian. In both cases, do not ignore it.
Ask for the following:
Save these in a single folder. It will help later if TRACES asks you to verify anything.
The biggest mistake is calculating TDS on the sale deed value even when the stamp duty value is higher.
After the amendment, the rule goes like this:
1% on the higher of sale consideration or stamp duty value
Let us take a simple numeric example.
Sale price stated: ₹1.02 crore
Stamp duty value: ₹1.05 crore
Bank loan: ₹70 lakh and the rest is paid by buyer
TDS = 1% of ₹1.05 crore = ₹1,05,000
Even when the bank disburses ₹70 lakh and as a buyer you only pay ₹32 lakh, the TDS will be levied on the entire valuation amount, not just on the payment you made from your account at the time of purchase.
Section 194-IA says:
Deduct TDS at the earlier of:
So if you sign the sale agreement and transfer ₹5 lakh booking amount today, and the loan disburses next month, you deduct TDS on each payment. It is not something you should do after registration.
Banks usually deduct from the seller’s disbursement. If the bank does that, confirm that the challan is in your name, not the builder’s. The buyer must be the deductor.
Example timeline goes like this:
Booking advance: ₹5 lakh, deduct TDS on this
Final disbursement: ₹95 lakh, deduct TDS on this
Total TDS = 1% of full applicable value
This matters when payments are staggered, especially in under-construction flats.
Form 26QB is the single-shot TDS challan plus statement for property purchases. Here you do not need TAN.
Go to the TIN-NSDL or Income Tax e-pay portal, choose 26QB, and fill in the details.
You will need:
Be careful with spelling the names exactly as PAN database, otherwise TRACES will reject the download request later.
The timeline for the deposit is 30 days from the end of the month in which TDS was deducted. So if you paid the seller and deducted TDS on 10 February, your deadline is 30 March, not 10 March.
This mention of end of month plus 30 days confuses many people, so let us put two examples:
If you miss this, you pay interest per month or part thereof. We cover that in penalties section.
Once you pay TDS and the challan is confirmed, go to TRACES, the government TDS portal.
Register using:
Then request Form 16B, which is basically the TDS certificate for the seller.
The processing time varies. It often shows up in:
When you get Form 16B, print it, sign digitally or manually, and give the seller a copy. They will need it when they file income tax returns and calculate capital gains.
Once the seller files returns, they will look at Form 26AS or AIS, which shows the TDS credit. If something goes wrong, it usually belongs to one of the following:
In any of these cases, you can request a correction in 26QB. Banks and CAs do such corrections regularly, so you should not worry. Just keep all your documents ready.
This part is boring but important. Remember these three names that repeat everywhere:
Nobody prints manuals for this, so here is a field checklist you can keep beside you while filling 26QB.
Fields you must enter correctly include the following:
Once paid, save the challan PDF, and also save the acknowledgement number. TRACES will ask for it.
A few cases come up often in property deals, especially when families sell inherited land. Let’s explain these special cases and exemptions one by one.
Pure agricultural land in rural areas is outside 194-IA.
Urban agricultural plots marked for development are still a grey area and so to avoid confusion, check the revenue record minutely.
If both sale value and stamp duty value are below ₹50 lakh, there will be no TDS.
If the landowner and builder are in a JDA, Section 194-IC may apply simultaneously. That is a different structure altogether. It is better not to self-interpret JDAs.
If the seller is NRI, 194-IA does not apply. Instead, TDS under 195 applies and the buyer may need a TAN. The rates are completely different and depend on capital gain.
Section 194-IA is friendly until you miss the date. Let’s mention here all the penalties and interest you need to pay in case you miss the deadline.
Remember that even one day delay makes you pay for a full month. So if you deduct but deposit after 40 days, that can cost two full months interest.
There is a daily penalty for not filing the statement and there can be another penalty for failure to deduct. Most buyers settle these with interest and move on.
After watching dozens of buyers struggle with Form 26QB, these are these recurring mistakes that often happen:
What is Section 194-IA?
It is the rule that says buyers must deduct 1% TDS when buying a non-agricultural property worth ₹50 lakh or more.
When is TDS required on property purchase?
At the time of payment or credit to the seller, whichever is earlier.
How to pay TDS on property purchase?
Go to the government portal, fill Form 26QB, pay online, then download Form 16B from TRACES.
What if the seller has no PAN?
Then law forces 20% TDS under Section 206AA.
Do I need TAN to deduct TDS?
No. Buyers do not need TAN for 194-IA.
Can the seller use the TDS as credit?
Yes. The amount appears in Form 26AS and can adjust against capital gains.
Who is responsible for TDS, buyer or seller?
Always the buyer.
Is agricultural land covered?
No, rural agricultural land is exempted from TDS deductions.
How long does Form 16B take?
Usually it takes 3–7 days, sometimes even longer.
How to correct a mistake in Form 26QB?
Submit a correction request through TRACES.
Buying a property feels like a big emotional moment, you step into a home you dreamed about, or you close a deal that took months to negotiate. The paperwork around TDS on purchase of property looks small, but it has a real impact on tax compliance for both sides.
If you remember one thing, remember this:
Take the higher of sale price or stamp duty value, deduct 1%, pay through Form 26QB within 30 days, and issue Form 16B.
That is the entire system in one clean line. Everything else in this guide is just helping you avoid surprises: multiple buyers, missing PAN, timing of deduction, penalties, and what banks usually do day to day.
If you follow this step-by-step process once, you will never worry about Section 194-IA again. And when the seller files returns and sees the TDS credit sitting neatly in Form 26AS, you will both be glad you spent ten extra minutes doing it properly.
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