Urgent query on sec 194ia

534 views 5 replies

Prabhat Modi

Student

301 Points Joined February 2013

one of my client is resident of india have a property located in dubai. He sold this property to a person resident of Dubai. Now question arises whether sec194 ia will apply here and dubai resident who purchase property at Rs. 2.5 crore deduct yes @ 1% on sale consideration. further Dubai resident is not wants to follow indian income tax law so he does not apply the requirement of sec 194ia to" deduct tds @ 1%. further in income tax there is no provision of Reverse Charge which shift tax liability from buyer to resident seller. pls suggest what will be here.

Replies (5)

Amit Bavishi

Student

1086 Points Joined May 2014

Sec 194-IA is only applicable when payee is any resident person. Sec 194-IA is not applicable when the payee is non-resident. Disclaimer : I shall not be liable, for any actions taken or not taken, on basis of this comment.

Guest

U are saying he sold his property.... There is no TDS issue on ur clients side....its ok if the dubai purchaser doesnt deduct TDS...

CA Goutam Sharma

Chartered Accountant in Practice

468 Points Joined June 2011

Dear All,

194 IA is a stiff provision which require a ANY TRANSFEREE to deduct TDS @ 1 % from the amount Paid/ Payable to RESIDENT in restion to transfer of ANY IMMOVABLE PROPERTY other than agricultural land provided the consideration is Higer than 50Lakh

In case as specified by Mr . Prabhat in his query, all the aspects of 194 IA are there and hence the Dubai Purchase shall have to deduct TDS.

Guest

what if he doesnt ? Isnt deducting TDS responsibility of payer ?

CA Goutam Sharma

Chartered Accountant in Practice

468 Points Joined June 2011

Logically, the core base of TDS provison under 194 IA is that the high value dealings in Immovable property shall not escape from the charge of Income Tax.

Whereas other TDS provisions particularly in case of Deduction from Payments to residents and non residents specifically disallow such expenditure if the TDS is not deducted.

However our case is not alike them. On the Safer Side, 1% the value can be deposited by the resident as advance tax and later on the assessee shall file return and disclose the sale of such asset.