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Home Loan TDS: Complete Guide for Buyers

Nov 11, 2022
A Comprehensive Guide on TDS in Home Loan

Tax Deducted at Source (TDS) is a mandatory payment buyers must deduct when purchasing property above the prescribed limit, and it applies even if the purchase is funded through a home loan. Understanding what home loan TDS is and why it matters helps ensure smooth ownership and prevents penalties. This guide explains the meaning and importance of home loan TDS, its applicability across different property types, the compliance steps involved, and how to correctly manage TDS on housing loans when making your payment to the seller.

What Is TDS on Property/Home-Loan-Funded Property Purchase?

TDS stands for Tax Deducted at Source, a system where tax is collected at the point of payment rather than after income is received. In the context of property purchase, home loan TDS refers to the tax the buyer must deduct while making the payment to the seller if the property value exceeds certain thresholds.

Key points about TDS on housing loan transactions:

  • Who deducts? The buyer of the property, not the lender.
  • When is it deducted? At the time of paying the property consideration to the seller or builder.
  • Rate applicable : 1% of the total consideration for properties above ₹50 lakhs (per Section 194IA of the Income Tax Act, 1961).
  • Difference from EMI: Loan disbursal and EMI repayment are not subject to TDS. TDS applies only to the purchase consideration paid to the seller.

Understanding the home loan TDS meaning is essential for buyers using a home loan to finance their property purchase. The lender transfers the sanctioned loan amount to the buyer, who then pays the seller; the buyer must deduct TDS before making this payment.
Tip: Using tools like a home loan eligibility calculator can further help buyers plan their financing and avoid unexpected expenses that may hinder compliance.

When Is Home Loan TDS Applicable: Threshold, Property Value & Types Covered

TDS in home loans becomes mandatory only under certain conditions. Buyers should be aware of the following:

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  • Property sale consideration ≥ ₹50 lakhs.
  • Applicable for residential and commercial properties, including flats, bungalows, and plots.
  • Not applicable to agricultural land.
  • TDS must be deducted even if the payment is made in instalments.
  • Payments to builders or developers also attract TDS under the same rules.
Property Type Sale Consideration TDS Rate
Residential / Commercial ≥ ₹50 lakh 1%
Agricultural land Any value Not applicable

These thresholds apply irrespective of whether the property is bought using your own funds or via a home loan. Buyers can also use tools like a home loan EMI calculator to plan their budgets effectively, factoring in future repayments alongside other homeownership costs to prevent financial strain in the long run.

What You Must Do: Step-by-Step Compliance

Proper home loan TDS compliance is crucial to avoid penalties. Here’s a step-by-step guide for buyers:

  • Collect PAN details of the seller and the buyer.
  • Deposit TDS using Form 26QB online through the Income Tax Department portal.
  • Pay TDS within the deadline (usually before the 30th of the following month).
  • Generate Form 16B, which serves as TDS proof for the seller.
  • Share Form 16B with the seller for their records and ITR filing.

Common Scenarios: Instalments, Under-Construction Properties, Loan-Financed Purchase, Builder Payments

1. Instalment Payments

If you are buying an under-construction property or paying in multiple instalments, TDS must be deducted on each instalment.  For example, a property priced at ₹60 lakhs paid in three instalments will require 1% TDS on each payment.

2. Under-Construction Property

Builders often request stage-wise payments. Deduct TDS on every payment made to the builder above the ₹50 lakhs threshold.

3. Loan-Financed Purchase

When using a home loan, the lender disburses funds to your account. You are responsible for deducting TDS before transferring the payment to the seller. Example: For a ₹55 lakhs property, TDS = ₹55,000, payable before giving funds to the seller.

4. Payments to Builder

The same rules apply to builders or developers, including cooperative housing societies. Deduct TDS 1% for every payment exceeding the threshold.

What Home Loan TDS Is Not Applicable To: EMIs, Interest, Loan Disbursement, Prepayments to Lender

It’s essential to differentiate between property payment and loan repayment:
The following elements are not subject to TDS on housing loans:

  • Home loan EMIs
  • Interest paid to lenders
  • Prepayments to the lender
  • Processing fees or other charges to the lender

TDS in a home loan applies only to the property consideration paid to the seller, not to any lender-related payments.
Tip: Use a home loan prepayment calculator to understand how early repayment affects your interest outflow and overall loan tenure.

Penalties, Risks & Why Compliance Matters

Failure to comply with TDS in home loan regulations can lead to:

  • Interest charges for delayed TDS deposit (1%  per month).
  • Penalties under Section 234E  for late filing of TDS.
  • Complications during property registration, ownership transfer, or even a future home loan balance transfer.
  • Issues when claiming TDS credit in your income tax return.

Ensuring timely compliance safeguards your legal and financial interests. Keep Form 26QB, Form 16B, and other TDS documents safe for future reference.

Conclusion: Buying a Home via a Loan? Don’t Forget TDS Compliance

Whether you are financing a property via a home loan or using your own funds, TDS on property purchase is the buyer’s responsibility. Deduct home loan TDS on time, submit the necessary forms, and retain proof of compliance. Proper handling prevents penalties and smoothens future transactions, including resale or mortgage.

At SMFG Grihashakti, we make your home-buying journey simpler with financing of up to Rs. 1 crore* at competitive home loan interest rates. Review your eligibility, prepare the documents required home loan, and apply online today to take the next step towards homeownership.

FAQs on Home Loan TDS

What is TDS in a home loan process, and does it apply to EMI repayments or only to property purchase?

TDS applies only to property purchase payments made to the seller. EMI repayments and interest to the lender are not subject to TDS.

When do I need to deduct TDS if buying a house on a loan?

Deduct TDS at the time of making the payment to the seller, even if the payment is financed via a home loan.

What is the minimum property value for which TDS is required under Indian law?

TDS is required for properties with a sale consideration of ₹50 lakhs or above.

Can I pay property purchase instalments without deducting TDS?

No. TDS must be deducted on every instalment, once the overall property value crosses the threshold of ₹50 lakhs.

What forms do I need to submit for TDS on a property purchase?

Submit Form 26QB online to pay TDS and generate Form 16B as proof.

If I’m buying a property worth more than ₹50 lakhs but paying through a home loan, is TDS still mandatory?

Yes. Deduct TDS in a home loan before transferring the payment to the seller.

Do I need to deduct TDS if property is being bought from a non-resident or NRI seller?

Yes, TDS applies, though different rates under Section 195 may be applicable.

What happens if I fail to deduct or deposit TDS? Are there penalties or consequences?

You may face interest charges, penalties under Section 234E, and difficulties in claiming TDS credit in your income tax return.


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Disclaimer: *Please note that this article is for your knowledge only. Loans are disbursed at the sole discretion of SMFG Grihashakti. Final approval, loan terms, disbursal process, foreclosure charges and foreclosure process will be subject to SMFG Grihashakti’s policy at the time of loan application. If you wish to know more about our products and services, please contact us.

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