A consumer is required to deduct TDS at the price of one percent on the amount of consideration paid for the transfer of positive immovable belongings apart from agricultural land (wherein the consideration involved is greater than Rs 50 lakh).
From September 1, 2019, onwards, attention of immovable property shall include all expenses of the character of membership club rate, car parking rate, electricity and water facility prices, preservation rate, boost price, or another cost of comparable nature, which are incidental to the switch of the immovable assets. Budget 2019 has proposed that vehicle parking expenses, club fees, maintenance charges, and water expenses be clubbed with the assets’ cost while figuring out the amount of tax that the homebuyer is predicted to pay on the time of belongings purchase.
This is what the Budget memorandum says:
Section 194-IA of the Act pertains to the fee on transfer of sure immovable belongings apart from agricultural land. It presents for levy of TDS at the rate of one percent on the quantity of attention paid or credited for transferring such belongings. The term ‘consideration for immovable assets’ is presently no longer defined for this section’s functions. It is noted that inside the transaction involving the acquisition of immovable assets, there are different bills made besides the sales consideration. The consumer is contractually bound to make such payments to the builder/supplier, both below the identical agreement or underneath one of a kind agreement.
Some of such payments are the ones for rights to facilities like a club charge, vehicle parking fee, strength and water facility costs, preservation charge, boost rate, etc. Accordingly, it’s miles proposed to amend the Explanation to stated segment and provide that the time period “attention for immovable assets” shall include all costs of the character of membership club rate, car parking charge, energy and water facility costs, protection price, advance rate or every other price of similar nature, which are incidental to switch of the immovable assets.”
What this indicates
This pertains to property transactions in which the cost is Rs 50 lakh or more. This change will take effect from September 1, 2019. A customer is needed to deduct TDS at the charge of 1 percentage on the quantity of attention paid to transfer positive immovable property other than agricultural land (wherein the attention concerned is more than Rs 50 lakh). The time period ‘attention for immovable assets’ became no longer described earlier than the interim budget.
However, from September 1, 2019, onwards, attention of immovable belongings shall encompass all expenses of the nature of membership rate, automobile parking price, electricity and water facility costs, upkeep price, development fee, or every other price of comparable nature, which might be incidental to the transfer of the immovable assets. To cite an instance, if the overall price of belonging is Rs 1 crore, the amount could have to be paid in 5 same installments of Rs 20 lakh each. The call for a letter issued with the builder’s aid for Rs 20 lakh incorporates categories such as BSP, EDC, IDC, parking charge, and so forth. While the BSP is marked at Rs 18 lakh, Rs 2 lakh is for different costs.
The confusion earlier becomes whether or not TDS turned into to be deducted on Rs 18 lakh or Rs 20 lakh that still consists of miscellaneous fees. With the rationale brought, it’s been clarified in Budget 2019 that TDS is to be deducted on Rs 20 lakh. The explanation could help glade the ambiguity and dispose of divergent practices that were being observed. Homebuyers can now clearly deduct TDS on the price within the call for the letter, which includes charges inclusive of membership charge, car parking rate, preservation rate, and so forth,” says Harpreet Singh, Partner in KPMG.
This will simplify matters as most of these are bills required to be made to the developer whilst shopping for belongings in place of the current confusion that every one such payment to be taken into consideration as sale consideration and TDS may be deducted in this whole amount. This can even settle disputes around the price of acquisition within the calculation of capital profits on the sale of the property,” says Sonu Iyer, accomplice, EY.