- The 4 Personal TDS Situations at a Glance
- Situation 1: You Pay Rent Above ₹50,000/Month
- Situation 2: You Are Buying a Property Above ₹50 Lakh
- Situation 3: You Pay Contractor/Professional Above ₹50 Lakh
- Situation 4: You Are Buying Cryptocurrency or NFTs
- Special Situation: Your Landlord or Seller Is an NRI
- If Your Landlord/Seller Hasn’t Filed ITR – Higher TDS Applies (Removed w.e.f. 01.04.25)
- No-TDS Declaration — When Your Landlord/Seller Can Opt Out
- What Happens If You Don’t Comply – Penalties & Interest
- Practical Case Studies
- Frequently Asked Questions
1. The 4 Personal TDS Situations at a Glance
| Your Personal Situation | TDS Rate | Threshold | NewITA 2025 | oldITA 1961 | Form | TAN? |
|---|---|---|---|---|---|---|
| Paying rent > ₹50,000/month | 2% | > ₹50,000/month | §393(1) Sl.No.2(i) | § 194IB | Form 141 26QC | No |
| Buying property > ₹50 lakh | 1% | > ₹50 lakh (aggregate) | §393(1) Sl.No.3(i) | § 194IA | Form 141 26QB | No |
| Paying contractor/professional > ₹50 lakh/year | 2% | > ₹50 lakh/year | §393(1) Sl.No.6(ii) | § 194M | Form 141 26QD | No |
| Buying crypto/NFT above threshold | 1% | > ₹50,000/year (individual) | §393(1) Sl.No.8(vi) | § 194S | Form 141 26QE | No (specified person) |
| Paying NRI landlord/seller (special rules) | 20–30%+ | Any amount | §393(2) | § 195 | Form 144 + 145+146 27Q + 15CA+15CB | Yes |
- No TAN (Tax Deduction Account Number) required – you use your own PAN
- A single combined challan-cum-statement – Form 141 (TY 2026-27 onwards) / Form 26QB/QC/QD/QE (till FY 2025-26) – filed online
- No quarterly return filing burden – just the challan-cum-statement for each transaction
- The recipient (landlord/seller/contractor) claims this TDS as credit in their ITR via Form 26AS/AIS
2. Situation 1: You Pay Rent Above ₹50,000/Month
A salaried employee, HNI, housewife, or retired individual renting a property – house, office space, shop, warehouse – at a monthly rent exceeding ₹50,000 from a resident Indian landlord.
The Law
§393(1) Sl.No.2(i), ITA 2025 (= §194IB, ITA 1961) – effective for TY 2026-27 onwards. Rate: 2% of total annual rent. This rate was reduced from 5% to 2% by Finance Act 2024 (effective 1 October 2024).
| Parameter | Detail |
|---|---|
| Trigger | Monthly rent exceeds ₹50,000 in any single month during the year. Once triggered, TDS applies on the entire year’s rent. |
| Rate | 2% on total annual rent (TY 2026-27 onwards). If landlord does NOT provide PAN → 20% under §397 (§206AA ITA 1961). |
| When to deduct | Only ONCE a year – at the last month of the Tax Year (March), or at the last month of tenancy if you vacate earlier. Not monthly. |
| Maximum TDS limit | TDS amount cannot exceed the last month’s rent. If 2% of annual rent > last month’s rent – cap it. |
| GST on rent | TDS is on the rent portion only – exclude GST component. (CBDT Circular 23/2017) |
| Security deposit | Refundable security deposits are NOT subject to TDS. Non-refundable advance rent is subject to TDS. |
How to Comply – Step by Step
Amit (salaried, not in audit) pays ₹70,000/month rent. Landlord: resident Indian. PAN furnished.
| Item | Amount |
|---|---|
| Annual rent | ₹70,000 × 12 = ₹8,40,000 |
| TDS @ 2% | ₹8,40,000 × 2% = ₹16,800 |
| Cap check (last month’s rent) | ₹16,800 < ₹70,000 → no cap triggered |
| March payment to landlord | ₹70,000 − ₹16,800 = ₹53,200 |
| TDS filing deadline | Form 141 / 26QC by 30 April |
3. Situation 2: You Are Buying a Property Above ₹50 Lakh
Any individual or HUF purchasing immovable property (residential flat, house, plot, commercial premises) from a resident Indian seller where the total agreed consideration is above ₹50 lakh. Applies regardless of whether you’re buying for personal use, investment, or any other purpose.
The Law
§393(1) Sl.No.3(i), ITA 2025 (= §194IA, ITA 1961) – Rate: 1% of the total consideration or stamp duty value (circle rate), whichever is higher. Must be deducted at every payment – not just the final.
| Parameter | Detail |
|---|---|
| Rate | 1% of consideration or stamp duty value – whichever is HIGHER. If property is purchased at below circle rate: TDS on circle rate × 1%. |
| Threshold | Aggregate sale consideration > ₹50 lakh. Even if individual payments are small – once total crosses ₹50L, TDS applies on the entire amount from the first rupee. |
| When to deduct | At every payment milestone – token money, advance, instalment, possession payment, final payment. TDS is not a one-time deduction at registration. |
| Agricultural land | Agricultural land in rural areas (as defined in ITA) is exempt. Urban agricultural land: check classification carefully. |
| Multiple buyers/sellers | Each buyer deducts and files separately (proportionate to their share). Each seller’s share is reported separately. |
How to Comply
Ravi buys a flat for ₹85 lakh from a resident seller. Three payments: ₹5L token (Nov 2025), ₹40L bank loan disbursed to seller (Feb 2026), ₹40L final at registration (May 2026).
| Payment | Date / TY | TDS @1% | Form to File | By |
|---|---|---|---|---|
| ₹5L token | Nov 2025 – FY 2025-26 | ₹5,000 | Form 26QB (ITA 1961) | 31 Dec 2025 |
| ₹40L | Feb 2026 – FY 2025-26 | ₹40,000 | Form 26QB (ITA 1961) | 31 Mar 2026 |
| ₹40L final | May 2026 – TY 2026-27 | ₹40,000 | Form 141 (ITA 2025) | 30 Jun 2026 |
| Total TDS | ₹85,000 | Seller claims all ₹85,000 as TDS credit |
Note: The May 2026 payment falls in Tax Year 2026-27 – ITA 2025 governs; use Form 141. Earlier payments in FY 2025-26 use Form 26QB (ITA 1961).
4. Situation 3: You Pay a Contractor/Professional Above ₹50 Lakh
An individual or HUF (not in tax audit) making personal payments above ₹50 lakh in a year to contractors, sub-contractors, architects, interior designers, lawyers, commission agents, or other professionals – for personal purposes (not business). Example: a ₹60 lakh home renovation, a ₹55 lakh legal fee, a high-value interior design project.
The Law
§393(1) Sl.No.6(ii), ITA 2025 (= §194M, ITA 1961) – Rate: 2% (reduced from 5% by Finance Act 2024, effective 1 October 2024). Threshold: aggregate payments > ₹50 lakh per year to that payee.
Covered payments include:
- Contractors and sub-contractors for construction/renovation of your personal residence
- Architects, interior designers, structural consultants
- Lawyers and legal firms for personal litigation, property disputes, family matters
- Advertising agencies for personal brand/political campaigns
- Commission agents and brokers (not property brokers – they have specific rules)
- Any professional service provider for personal purposes
How to Comply
5. Situation 4: You Are Buying Cryptocurrency or NFTs
Any individual buying Virtual Digital Assets (VDA) – Bitcoin, Ethereum, any cryptocurrency, NFTs, or government-notified digital tokens – above ₹50,000 in a year (for individuals/HUFs), either on exchanges or in peer-to-peer (P2P) transactions.
The Law
§393(1) Sl.No.8(vi), ITA 2025 (= §194S, ITA 1961) – Rate: 1% of consideration. For individuals: threshold ₹50,000/year.
| Where you buy | Who deducts TDS | Your obligation |
|---|---|---|
| Registered Indian crypto exchange (WazirX, CoinDCX etc.) | The exchange deducts 1% automatically on each trade | Nothing – exchange handles it. Check Form 168/26AS to confirm TDS credit. |
| P2P trade (you buy directly from another person) | YOU (the buyer) must deduct 1% from the seller | File Form 141 (26QE) within 30 days of month-end; use your PAN |
| Crypto-to-crypto exchange (you pay in crypto, not cash) | YOU must pay 1% in cash from your own funds before transferring | File Form 141; compute TDS value based on INR equivalent on transaction date |
6. Special Situation: Your Landlord or Seller Is an NRI
If the person you are paying rent to, or buying property from, is a Non-Resident Indian (NRI) – the normal 2%/1% TDS provisions do not apply. A completely different, much higher-rate provision applies: §393(2), ITA 2025 (= §195, ITA 1961).
| Transaction | Applicable Law | TDS Rate | TAN Required? |
|---|---|---|---|
| Rent to NRI landlord | §393(2) §195 | 30% (without DTAA) OR per DTAA rate (typically 10–15%) if NRI provides TRC via Form 42 (Form 10FA) | Yes – TAN mandatory |
| Property purchased from NRI seller | §393(2) §195 | 20% LTCG (or 30% STCG) on entire sale price (not just the gain) + surcharge + cess ≈ 23–24%+ total | Yes – TAN mandatory |
When buying a ₹80 lakh property from an NRI seller: the incorrect approach is to deduct 1% (₹80,000) as if applying §393(1) Sl.No.3(i). The correct approach is §393(2) – approximately 23–24% of ₹80 lakh = ₹18–19 lakh TDS. The gap is enormous. If discovered, the buyer owes interest at 1.5%/month on the shortfall from every payment date. Always verify seller’s residential status before making ANY payment.
The NRI seller can apply for a lower deduction certificate from the Income Tax Department – Form 128 (Form 13) under §395(1), ITA 2025 (= §197, ITA 1961). This certificate, if granted, specifies a lower TDS rate based on the actual capital gains tax payable (which may be much less than 20% of the sale price). The NRI should apply 4–6 weeks before the expected transaction date. The buyer deducts at the certificated rate instead. Contact GCA to coordinate this process.
7. If Your Landlord/Seller Hasn’t Filed ITR – Higher TDS Applies up to 31.03.2025 (Removed w.e.f. 01.04.2025)
Section 206AB of ITA 1961 (Not carried in New Act-ommited w.e.f. 01.04.2025) requires you to deduct TDS at double the normal rate or 5%, whichever is higher, if the person you are paying:
- Has NOT filed ITR for both of the two preceding Tax Years, AND
- The aggregate TDS in each of those years exceeded ₹50,000
| Situation | Normal TDS | If Landlord/Seller is Non-Filer (§206AB) |
|---|---|---|
| Rent | 2% | 5% (higher of double=4% or 5%) |
| Property purchase | 1% | 5% (higher of double=2% or 5%) |
8. No-TDS Declaration – When Your Landlord/Seller Can Opt Out
In some cases, the person receiving rent or payment can furnish a declaration to you saying “don’t deduct TDS on my income.” This is governed by §393(6), ITA 2025 (= §197A, ITA 1961):
- The landlord/payee submits Form 121 (was Form 15G / Form 15H) to you (the tenant/buyer)
- This declaration states that their total income is below the taxable limit and no TDS should be deducted
- Applicable for: resident individuals below taxable income limit; certain senior citizens
- Once you receive a valid Form 121, you can pay without deducting TDS
- But: if the declaration is false and the landlord’s income is actually taxable – liability falls on them, not you (as long as you acted in good faith on the declaration)
- Not available for NRI landlords/sellers – NRI payments under §393(2) cannot be exempted via Form 121
9. What Happens If You Don’t Comply – Penalties & Interest
| Default | Consequence | Section |
|---|---|---|
| TDS not deducted when required | Interest at 1% per month from the date TDS was deductible to the date of actual deduction | §398 ITA 2025 (201(1A), ITA 1961) |
| TDS deducted but not deposited with govt | Interest at 1.5% per month from deduction date to deposit date | §398 ITA 2025 (201(1A), ITA 1961) |
| Late filing of Form 141 / 26QC / 26QB | ₹200 per day until filing – capped at TDS amount | §427, ITA 2025 (234E, ITA 1961) |
| Non-deduction | Penalty equal to TDS amount (100% of TDS not deducted) | §448, ITA 2025 (271C, ITA 1961) |
| HRA disallowance (tenant) | If you claim HRA exemption but didn’t deduct TDS on rent – department may deny HRA; you pay tax on the full HRA received | Sch. III, ITA 2025 (§10(13A), ITA 1961 read with Rule 2A) |
| Expense deduction disallowance (if applicable) | 30% of payment where TDS not deducted may be disallowed | §35, ITA 2025 (40(a)(ia), ITA 1961) |
Shalini pays ₹80,000/month rent (₹9.6L annual) and claimed HRA in her salary. She did not deduct TDS under §393(1) Sl.No.2(i). Discovered in assessment 2 years later.
| Item | Amount |
|---|---|
| TDS she should have deducted (2% of ₹9.6L) | ₹19,200 |
| Penalty for non-deduction (100% of TDS) | ₹19,200 |
| Interest on late deduction (1%/month × 24 months) | ₹19,200 × 24% = ₹4,608 |
| Interest on late deposit (1.5%/month × 24 months) | ₹19,200 × 36% = ₹6,912 |
| HRA disallowance risk (tax on entire ₹9.6L HRA at 30%) | Up to ₹2,88,000 |
| Total financial exposure | ₹3,17,920+ for non-deduction of ₹19,200 TDS |
10. Practical Case Studies
Meera (software engineer, ₹25L salary, not in audit) pays ₹60,000/month rent and also buys a flat for ₹90L during FY 2025-26.
- Rent TDS: §194IB applies (FY 2025-26 – old Act). Annual rent = ₹7.2L. TDS = 2% × ₹7.2L = ₹14,400. Deduct in March 2026. File Form 26QC by 30 April 2026.
- Property TDS: §194IA applies. Property = ₹90L > ₹50L threshold. TDS = 1% on each payment. Deduct and file Form 26QB at every payment milestone.
- TY 2026-27 onwards: If Meera continues the same flat rental at ₹65,000/month in TY 2026-27 – §393(1) Sl.No.2(i), ITA 2025 applies; file Form 141 instead of 26QC.
- No TAN required for either transaction.
Mr. Kapoor (retired, HNI with investment income, not in audit) renovates his bungalow paying ₹75L to a single interior design firm across the year.
- §393(1) Sl.No.6(ii), ITA 2025 (= §194M, ITA 1961) applies – aggregate payment > ₹50L to one contractor.
- TDS = 2% of ₹75L = ₹1,50,000. Deduct from each payment once aggregate crosses ₹50L.
- File Form 141 (Form 26QD for TY 2025-26) within 30 days after each deduction month-end.
- Issue Form 131 (Form 16D) to contractor.
- No TAN required. Mr. Kapoor uses his PAN for the entire compliance.
Priya rents a flat in Mumbai from an NRI landlord at ₹80,000/month. She assumed normal §393(1) Sl.No.2(i) rules apply.
- Wrong assumption. Since landlord is NRI: §393(2), ITA 2025 (= §195, ITA 1961) applies – not §393(1) Sl.No.2(i).
- TDS rate: 30% (if no DTAA benefit). Annual rent = ₹9.6L. TDS = 30% × ₹9.6L = ₹2,88,000 (vs ₹19,200 under normal rules).
- TAN required. File Form 144 (Form 27Q) quarterly. Issue Form 131 (Form 16A) to NRI landlord.
- How to reduce it: NRI landlord applies for lower TDS certificate Form 128 (Form 13) citing applicable DTAA rate. If India-Canada DTAA applies at 15%: TDS reduces to ₹1,44,000. NRI provides Form 42 (Form 10FA/TRC) to substantiate DTAA claim.
- Alternatively: NRI landlord files ITR in India, pays tax on rental income – and can claim refund of excess TDS.
11. Frequently Asked Questions
Personal TDS Compliance — We Handle the Complexity
Whether it’s deducting 2% on your Mumbai apartment rent, filing 1% TDS at every payment milestone for your ₹1.2 crore property purchase, navigating the 30% NRI landlord situation, or applying for a lower TDS certificate – GCA handles all personal TDS compliance for individuals, HUFs, and NRIs. Form 141/26QC/26QB filing, TAN applications for NRI cases, lower deduction certificates, and notice responses. Pan-India, 100% digital.
📞 +91-9911369185 · ✉️ [email protected]
Disclaimer: Educational purposes only. ITA 2025 provisions (§393 etc.) effective from TY 2026-27 (1 April 2026); ITA 1961 provisions apply for FY 2025-26 (FY 2025-26 / AY 2026-27) and earlier. §393 Table entries confirmed from incometaxindia.gov.in/w/section-393-6. Form numbers (Form 141, 128, 131, 132, 121, 145, 146 etc.) confirmed from CBDT Form Mapping Guide (March 2026) and GCA Income Tax Forms under ITA 2025 (https://www.guptachandanassociates.com/income-tax-forms-under-income-tax-act-2025). Finance Act 2024: rate reduced from 5% to 2% for §194IB/§194M from 1 October 2024. Verify latest form availability on incometax.gov.in before filing. Consult a qualified professional for NRI transactions, DTAA benefits, or large property purchases.

