@richapintoi This 'touch up' must've been a 100 crore contract.
"When a man spends someone else's money on someone else, he doesn't care how much he spends or what he spends it on. And that's government for you."
@DoctorLFC Prison is a waste of tax payers money. Take his car, make him pay for the road repair & let him do daily road cleaning till he’s 34 - and upload that video daily.
Below as per AI:
No, the deal cannot legally be done without deducting TDS under Section 195. The buyer (home buyer) remains liable to deduct TDS at the time of payment/credit to the NRI/NRO seller, even if registration is tomorrow. Non-compliance can attract interest, penalty (up to the amount of TDS not deducted), and potential issues later for the buyer.23
There is no single one-click online form (like Form 26QB for resident sellers) available for NRI property purchases. This is why no direct link appears and many CAs seem stuck—it follows the regular non-resident TDS process under Section 195 (not the simplified resident property rules under Section 194-IA).47
Correct Procedure (as of April 2026)
Here is the exact step-by-step process (confirmed across ClearTax, Tax2Win, and other reliable sources; no major change until October 2026):
1Buyer obtains a TAN (Tax Deduction and Collection Account Number)
◦Mandatory for any TDS payment to a non-resident (unlike resident sellers).
◦Apply online immediately using Form 49B:
▪Go to TIN-NSDL (https://t.co/VCMpasKDK1) or UTIITSL portal.
▪Fill Form 49B (individual category), upload PAN, photo, signature, and proof of address.
▪Fee is nominal (~₹65); allotment is usually same-day or within 1-2 working days if documents are clean.
◦If multiple buyers (joint purchase), each buyer needs their own TAN.
◦This is the main bottleneck for urgent cases.
2Deduct TDS
◦Rate: Typically 20% + surcharge + 4% cess on the entire sale consideration (full flat price, not just capital gains).
◦Lower rate possible if the NRI seller has already obtained a certificate u/s 195(2)/197 (or Form 13) from the Assessing Officer—ask the seller/CA for this.
◦Mention the deducted TDS amount and buyer’s undertaking to deposit it in the sale agreement/registration documents.
3Deposit the TDS
◦Use Challan 281 (ITNS 281).
◦Pay online via the Income Tax e-Filing portal (e-Pay Tax) or authorised bank by the 7th of the next month after deduction.
◦Select Section 195 (non-resident payment) and appropriate nature of payment (e.g., long-term capital gains for property held >24 months).
4File TDS Return
◦Quarterly Form 27Q (not 26QB).
◦Download Return Preparation Utility (RPU) from TIN-NSDL or TRACES portal → fill details (buyer TAN, seller PAN, property details, payment date, TDS amount) → validate with File Validation Utility (FVU) → upload.
◦Due dates are standard quarterly (e.g., for Q1 April-June: 31 July).
◦After filing, generate and issue Form 16A (TDS certificate) to the NRI seller via TRACES (seller needs it for their ITR and to claim credit).
For Registration Tomorrow (Practical Advice)
•Registration can usually proceed if the sale deed clearly states: (a) TDS has been deducted u/s 195, (b) buyer’s PAN/TAN, (c) undertaking to deposit and file returns. Many registrars accept this for NRI deals (the core transaction isn’t blocked).
•The buyer bears full responsibility for depositing the TDS later + any late fees/interest.
•Strongly recommend a CA or tax consultant handles the TAN application right now (it’s online and fast) and drafts the sale deed clause.
•If the NRI seller can quickly get a lower/nil TDS certificate from the AO, that reduces the amount (but this takes time unless already applied).
Note on upcoming change: From 1 October 2026, the process simplifies—buyers will use PAN (no TAN needed) and a challan-cum-statement similar to 26QB. But that doesn’t help for tomorrow.
If you (or the buyer) share more details (e.g., exact sale value, holding period of the flat, whether seller has lower deduction certificate), a CA can calculate the precise TDS amount instantly. For official guidance, tag @IncomeTaxIndia or use their helpline/e-filing portal, but the above is the standard compliant route used in every NRI property deal. Deals do close on time with this process—it just requires the TAN step upfront.
@aravind Agree. We need to go after corruption - but we also need to resist manipulation by enemies with sophisticated influence operations. There’s clearly a campaign to try and destabilise our own country & govt.
It’s also good to note we’ve such enemies - that means we’re doing well.