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Form 16B is a document that certifies the amount that is deducted at source during the sale of a property. This amount is deposited by the buyer to the income tax department. The amount which the buyer gives is deducted from the payment made to the seller. The payer is responsible for deducting the tax and paying the amount to Government. The deductor has to furnish a TDS certificate called Form 16B. This article gets into the depth of Form 16B and its various aspects.
Form 16B is a TDS certificate that is issued by the purchaser of an immovable property to the seller of the property under section 194IA. This certificate acts as proof of the tax deducted on the sales consideration. The deductor then deposits the amount deducted to the Income Tax Department. TDS is not deductible on immovable properties and agricultural land whose value is less than Rs.50 lakhs. The buyers of immovable property have to deduct TDS @1% of the sale value. It is deducted at the time of credit or payment.
When an individual pays TDS to the Government, he or she will get a challan or return under section 26QB. This is an electronically furnished document for tax deducted under section 194-IA. The Form 26QB should be filled correctly as there is no procedure to rectify the mistakes once the form is filled completely. Once this form is filled, no changes can be made without contacting the income tax department directly. This form is important and further required to obtain Form 16B. There are a few norms that are to be followed for this form. They are -
Any person who purchases an immovable property (excluding agricultural land) from a resident transferor for Rs.50 lakhs or more has to deduct a TDS @1%. After deducting the tax, he/she has to deposit the amount deducted with the Income Tax Department and issue a TDS certificate to the seller, which is known as Form 16B.
The major components of Form 16B include –
To generate Form 16B, you have to register with TRACES with various details. The details you have to submit while registering are your PAN details, details of tax deduction or details of challan, or details of Form 26QB. Enter the verification code and then proceed. The activation link will be sent to you by email. To proceed further, follow the steps:
Below is the format of Form 16B as per the income tax act:
The deductor is required to furnish Form 16B to the payee within 15 days from the due date of providing Form 26QB. After this, Form 16b can be generated and downloaded from TRACES by following a few simple steps.
To make the deposition of Tax Deduction at source easy, the income tax department is providing facilities for online submission of the amount. The taxpayers can deposit their TDS amount online. Internet banking facilities are also available for various users. When the transaction is done online, a counterfoil will be displayed with CIN, bank details, and payment details which is proof of payment being done by the payer.
The process of offline submission of TDS is a little difficult. After getting Form 26QB, a challan can be printed, and the payment of tax deduction at source can be deposited at any authorized bank by means of cheque or draft.
Form 16B only requires the PAN of the deductor and deductee therefore, Form 26QB can be filed without TAN.
The transactions can be done by furnishing a separate return challan Form 26QB to file a TDS return in this condition without TAN.
Here’s the difference between Forms 16, 16A, and 16B -
| Form 16 | Form 16A | Form 16B |
|---|---|---|
| A TDS certificate for employees mentioning salary incomeand TDS dedutced | A TDS certificate on income except salary | A TDS certificate on income from sale of property |
| Applicable only to salary income of employees | Applicable to income from interest, dividends, commission, mutual funds, etc. | Applicable to income from sale of a building or land (other than agricultural land) |
| Issued by an employer to an employee | Issued by the company or person who deducts tax on income earned except salary. | Issued by a deductor (the buyer of land/property) to a seller |
| Issued yearly | Issued every three months or quarterly | Issued based on the number of transactions |
| Applicable for employees who earn over ₹2.5 lakh | Eligible for those whose income (except salary) exceeds a certain threshold | Eligible for each transaction exceeding ₹50 lakhs. |
Each and every person who has a taxable income is liable to pay tax to the Government. The assessee is also responsible to file an income tax return for the same. The income tax act states the deduction of tax at source itself to make the taxation simple as well as avoid tax evasion at various steps. The tax that is deducted at source can be deducted from the total tax liability and the balance will be payable by the taxpayer.
For such taxation policy, a TDS certificate has to be furnished by the deductor for the deductee named as Form 16B during the payment of tax deduction at source for sale of property to the Government . This payment is done by the buyer and he deducts this amount from the total payment of the seller before remitting it. The tax deduction at source will be made at the rate of 1% of the total amount from the sale consideration.
Regulations regarding sale of property is stated under section 194-IA.
The buyer has to deduct the payment of Tax Deduction at Source from the total amount to be paid to the seller before making the complete payment. The TDS is deducted will be deposited to the income tax department by the buyer.
Yes, the seller can file a tax return in place of the TDS paid by the buyer and get deduction in his total tax to be payable. He has to furnish Form 16B given to him by the buyer to get the return of the tax deduction at source.
All the property like land, building or part of building except agricultural land that is immovable comes under immovable property under this section.
The rate at which the tax deduction at source is to be deducted by the buyer is 1% for sale of property on behalf of the seller.
