Key points
- The buyer, not the seller or sub-registrar, must deduct and deposit TDS against the seller's PAN.
- TDS is computed on the higher of the stated consideration and the stamp duty value.
- For a resident seller no TAN is needed; the buyer files the challan-cum-statement and gives the certificate.
- Non-resident sellers fall under a separate provision with higher, gains-linked rates.
- A missed deduction leads to a demand with interest and late fees on the buyer.
The obligation sits with the buyer
TDS on property purchase is the buyer's job. Under the Income-tax Act, 1961, a buyer of immovable property other than agricultural land must deduct tax at source from the payment to a resident seller when the consideration crosses the threshold the Act sets, and deposit it with the government against the seller's PAN.
It is not optional, it is not the seller's job, and it is not handled by the sub-registrar. The buyer deducts, deposits, files the statement and hands the certificate to the seller.
What the deduction is computed on
The deduction is made on the consideration for the transfer, and the law requires the higher of the stated consideration and the stamp duty value to be used where those differ. Where there are multiple buyers or multiple sellers, the threshold is tested on the property as a whole, not on each person's share.
Where the payment is made in instalments, tax is deducted from each instalment as it is paid rather than in one lump at the end.
How it is done
For a resident seller, the buyer files the challan-cum-statement on the income tax portal, pays within the due date after the end of the month in which the deduction was made, and then downloads the deduction certificate to give to the seller.
No TAN is needed for this particular deduction; the buyer's and seller's PAN are used. Get the seller's PAN in writing before the first payment — a missing or wrong PAN means a much higher rate and a correction process nobody enjoys.
Non-resident sellers are different
Where the seller is a non-resident, this provision does not apply and a separate section governs the withholding, at rates linked to capital gains rather than a flat small percentage, with surcharge and cess on top.
The buyer deducts at a different rate and files a different statement (from 1 October 2026 a resident individual or HUF can do this against their PAN with Form 141, without a TAN; companies and firms still need one), and the seller may apply for a lower or nil deduction certificate from the assessing officer. Do not treat a non-resident sale as a routine transaction — take professional advice before paying anything.
What goes wrong
If the buyer does not deduct or does not deposit, the demand — with interest and a late filing fee — is raised on the buyer, not on the seller.
If the certificate is not given, the seller cannot claim the credit and will hold up the handover. Complete the filing in the same week as the payment and send the certificate across.
Check the current threshold, rate and due dates on the income tax portal before you transact; they are set by statute and are amended from time to time.
Common questions
Who pays the TDS, the buyer or the seller?
The buyer deducts it from the money owed to the seller and deposits it against the seller's PAN. The economic cost is the seller's; the legal duty is the buyer's.
Do I need a TAN?
Not for a purchase from a resident seller — PAN is used. A purchase from a non-resident seller falls under a different provision; from 1 October 2026 a resident individual or HUF buyer can deduct it against their PAN too, while companies and firms still need a TAN.
Does TDS apply to agricultural land?
Rural agricultural land as defined in the Act is excluded from this provision. Confirm the classification in the revenue record before relying on it.
Sources
- Income-tax Act, 1961 — provisions on tax deducted at source on the transfer of immovable property, including transfers by non-residents
- Income tax e-filing portal for current thresholds, rates, forms and due dates
Last checked 2026-09-23.