Property Transactions & Income Tax Act | Sec 194IA ,195,69SS, 269T & FEMA Restrictions Explained
Автор: My CA
Загружено: 2025-03-19
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Are you planning to buy or sell property in India? Whether you’re a resident or an NRI, understanding the Income Tax Act provisions and FEMA regulations is essential to avoid legal complications and hefty penalties. In this comprehensive video, we break down the critical sections and compliance rules governing property transactions.
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🔍 *What You'll Learn:*
✅ *Section 194IA – TDS at 1% on Property Purchases*
Applicable on property transactions valued at ₹50 lakh or more.
Explanation of when and how TDS is deducted.
Clarifying the buyer’s responsibility to deduct and deposit TDS.
Consequences of non-compliance, including interest and penalties.
✅ *Section 195 – TDS on Payments to NRIs*
Applicability of TDS when buying property from an NRI seller.
TDS rates: 20% on Long-Term Capital Gains (LTCG) and 30% on Short-Term Capital Gains (STCG) (plus surcharge and cess).
Importance of obtaining a *Lower TDS Certificate* under Section 197.
Filing requirements and Form 15CA & 15CB compliance.
Penalties for incorrect or missed TDS deductions.
✅ *Section 269SS & 269T – Cash Transaction Restrictions in Property Deals*
*Section 269SS:* Prohibits acceptance of ₹20,000 or more in cash for property transactions.
*Section 269T:* Restricts repayment of loan or deposit of ₹20,000 or more in cash.
Explanation of the penalty – 100% of the transaction amount for non-compliance.
Importance of using banking channels for large property payments.
✅ *FEMA Guidelines – NRI Property Transaction Restrictions*
*Property Acquisition Rules:* NRIs are allowed to buy residential and commercial properties but are restricted from purchasing agricultural land, plantation property, or farmhouses.
*Repatriation of Funds:* Rules for sending sale proceeds abroad, including limits and necessary documentation.
*Loan & EMI Restrictions:* FEMA-compliant rules for NRIs obtaining home loans in India.
Importance of reporting transactions to RBI in certain cases.
💡 *Key Takeaways:*
Detailed TDS provisions for residents and NRIs.
Cash transaction limits and the consequences of violations.
FEMA compliance guidelines specifically for NRI property investors.
Practical insights and examples to help you stay compliant and avoid legal issues.
✅ *Who Should Watch:*
Property buyers and sellers (Residents & NRIs)
Real estate investors and agents
Tax consultants and financial advisors
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Disclaimer: This video is intended for education purpose only and not for the purpose of soliciting business. The viewers shall take professional advice before taking any decisions on the matters specified in the video. The matters discussed in the video may subject to change due to amendments in various Acts/Rules etc. This channel will not responsible for any damages caused to the viewers.
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