19 May 2023
A property is jointly owned by a resident brother and a NRI sister. NRI has executed a power of attorney in favour of the resident brother to carry out the sale transaction. No amount from the sale is to be repatriated to the nri. Is it enough if the buyer deducts tax u/s 194IA @ 1% of the sale amount to be paid to the resident brother? Will withholding tax be applicable for nri? If yes, should NRI submit form 13 for nil deduction of tds even though no money is going to be transferred to her?
19 May 2023
TDS will not be applicable if Nil tax deduction certificate is issued by jurisdictional ITO. Otherwise, buyer has to deduct TDS as per IT act.
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