When a buyer pays a resident seller for a property worth ₹50 lakh or more, the buyer has to deduct 1% as income tax and deposit it with the government. The duty is the buyer's, not the broker's, but a broker who knows the rule can raise it before the payment schedule is fixed. This article sets out the rule as the Income Tax Department publishes it.

Which law applies: 194-IA or 393

The Income-tax Act, 2025 came into force on 1 April 2026.[1] Under the old Income-tax Act, 1961, this deduction was section 194-IA.[2] Under the 2025 Act it is section 393(1), Table serial number 3(i).[3] For deductions made on or after 1 April 2026, the buyer reports in Form 141, which the Income Tax Department introduced as a single form in place of Forms 26QB, 26QC, 26QD and 26QE.[4]

Older guides still say "194-IA" and "26QB". The 1% rate and the ₹50 lakh threshold carried over; the section number and the form changed.

The rule

Who deductsThe buyer (transferee) paying the seller. Table 3(i) applies to payments to a resident.[3]
What propertyAny immovable property other than agricultural land.[3] The old section defined immovable property as any land (other than agricultural land) or any building or part of a building.[2]
Rate1% of the consideration for the transfer or the stamp duty value of the property, whichever is higher.[3]
ThresholdFifty lakh rupees, read with Note 3 to the Table, which says tax is deducted where the consideration or the stamp duty value is equal to or greater than fifty lakh rupees.[3] The old section said the same in reverse: no deduction only where both are below ₹50 lakh.[2]
More than one buyer or sellerFor the threshold, the consideration is the aggregate of the amounts paid or payable by all the buyers to all the sellers.[3]
WhenAt the time the sum is credited to the seller or paid, whichever is earlier.[3]

Example. A flat's agreement value is ₹60,00,000 and its stamp duty value is ₹64,00,000. Both are above ₹50 lakh, so TDS applies, and it is 1% of the higher figure: ₹64,000.

Two buyers buying a ₹70,00,000 plot together, ₹35,00,000 each, are judged on the total of ₹70,00,000, not on their individual shares.

Agricultural land is outside the rule, but check the definition

Agricultural land is excluded, but "agricultural land" has a specific meaning here. The Income Tax Department's guide to the old section explains that land is not treated as agricultural land for this purpose if it lies within a municipality or cantonment board with a population of at least 10,000, or within a set distance of such a municipality, measured aerially: 2 km, 6 km or 8 km depending on the municipality's population.[2] Land that a seller calls "agricultural" can therefore still attract TDS if it sits close to a town. The 2025 Act carries its own definition, so check how it reads for your case.

Depositing the tax and reporting it

Two cases that need extra care

A broker's checklist

  1. As soon as the price is agreed, check whether the price or the stamp duty value is ₹50 lakh or more.
  2. Collect the seller's PAN early, and ask whether the seller is resident in India.
  3. Tell the buyer about TDS before the payment schedule is fixed, so each payment is made net of 1%.
  4. If there are several buyers, remind each that they file their own Form 141.
  5. If the land is described as agricultural, check its location against the definition above.

This TDS is separate from the TDS a broker may have to deduct when paying another broker's share of the commission. That is covered in how to split commission between two brokers.