TDS on Property Sale Calculator (FY 2026-27)
Buying property? Compute the exact TDS you must deduct – 1% for a resident seller (Form 141, earlier Form 26QB) or 12.5%-plus for an NRI seller under Section 195, where most buyers go wrong. Verified by a practising CA.
| Particular | Resident seller | NRI seller |
|---|---|---|
| Provision | Sec 393(1), Income-tax Act 2025 (earlier Sec 194-IA) | Sec 195 framework (payments to non-residents) |
| Rate | 1% of the higher of consideration or stamp duty value | LTCG: 12.5% + surcharge + 4% cess (13% to 14.95% effective); STCG: 30% + surcharge + cess |
| Threshold | No TDS only if consideration AND stamp duty value are both below Rs 50 lakh | None – applies on any amount |
| TDS base | Full consideration / SDV (higher) | Full sale consideration, unless a Sec 197 lower-deduction certificate permits deduction on gains |
| Form | Form 141 (Schedule B) within 30 days of month-end – replaced Form 26QB from 1 April 2026; no TAN needed | Challan deposit + quarterly TDS statement (Form 27Q under the earlier regime); TAN historically required – verify current portal process under the 2025 Act |
| Certificate to seller | Form 16B | Form 16A |
When you buy any immovable property (other than rural agricultural land) from a resident, deduct 1% of the higher of the sale consideration or the stamp duty value at the time of credit or payment, whichever is earlier. The exemption applies only when both values are below Rs 50 lakh – and since the 2024 amendment, the threshold is tested on the aggregate consideration even with multiple buyers or sellers, so splitting payments does not escape TDS. “Consideration” includes charges incidental to transfer – parking, club membership, maintenance deposits. Deposit the TDS with Form 141 (Schedule B) – the Income-tax Act 2025 successor to Form 26QB – within 30 days from the end of the month of deduction, using your PAN (no TAN needed), and issue Form 16B to the seller within 15 days. If the seller has no valid PAN, deduct at 20%. Delay costs Rs 200 per day (capped at the TDS amount) plus interest at 1% per month for non-deduction and 1.5% per month for deducted-but-not-deposited.
If the seller is a non-resident, Section 194-IA/393(1) does not apply at all – the buyer must deduct under the Section 195 framework, on the full sale consideration, at the capital-gains rates: for property held over 24 months, 12.5% LTCG (for transfers on or after 23 July 2024) plus surcharge (10% above Rs 50 lakh, 15% above Rs 1 crore – capped at 15% for LTCG) plus 4% cess – an effective 13% to 14.95%. For shorter holding, STCG applies at slab rates – in practice TDS at 30%-plus. There is no Rs 50 lakh threshold: even a Rs 25 lakh flat bought from an NRI attracts full TDS. The practical fix every NRI seller should know: apply to the jurisdictional AO in Form 13 for a lower/nil deduction certificate u/s 197, so TDS is computed on the actual capital gain instead of the gross price – otherwise a large refund stays blocked until the return is processed. The buyer should obtain the certificate copy before deducting at the lower rate, deposit by the 7th of the following month and report in the quarterly NRI TDS statement.