TDS Certificate for NRI Property Sale Under Section 197 – Timeline and Process
TDS Certificate for NRI Property Sale Under Section 197 – Timeline and Process
When an NRI sells property in India, the buyer is needed to deduct Tax Deducted at Source (TDS) under Section 195 of the Income Tax Act before making the payment. The standard TDS rate for NRIs is 20% on long-term capital gains, plus surcharge and cess, which can affect in a high deduction at the time of sale.
To reduce this tax burden, an NRI seller can apply for a Lower TDS Deduction Certificate under Section 197, allowing the buyer to deduct TDS at a lower or nil rate based on actual tax liability.
A crucial concern for dealer is how long it takes to obtain this certificate. Let’s examine the process, timeline, and factors affecting approval.
How Long Does It Take to Get a TDS Certificate (Section 197)?
The time taken to obtain a Lower TDS Deduction Certificate under Section 197 generally ranges from 4 to 6 weeks. However, in some cases, it may take up to 8 weeks or more if another verification is needed.
The processing time depends on various factors, including:
- The workload of the Assessing Officer (AO) handling the application.
- The accuracy and completeness of the documents submitted.
- The necessity for further clarifications or inspections.
To ensure a smooth and quick approval, it is advisable to apply well in advance before finishing the sale agreement.
Step-by-Step Process for Obtaining a TDS Certificate Under Section 197
Step 1: Filing the Application (Form 13)
- The NRI dealer must apply using Form 13, which is submitted online through the TRACES portal.
- The form requires details such as PAN, buyer details, property trade agreement, and expected capital gains calculation.
- Supporting documents such as bank statements, proof of property ownership, cost of acquisition, and tax returns should be uploaded.
Step 2: Verification by the Income Tax Department
- Once the application is submitted, it is assigned to an Assessing Officer (AO) for review.
- The AO may request another documents, similar as details of previous income tax filings or clarifications regarding capital gains calculations.
- The dealer must promptly respond to any queries raised to avoid delays.
Step 3: Allocation of Lower Deduction Certificate
- After verification, if the application is approved, the Income Tax Department issues the Lower TDS Deduction Certificate.
- This certificate states the applicable TDS rate, which can be lower than 20% or even nil if no tax liability exists.
Step 4: Submission of Certificate to Buyer
- The dealer provides the lower deduction certificate to the buyer.
- The buyer must then deduct TDS at the approved lower rate before making payment to the NRI seller.
Factors That Can Delay the Allocation of the TDS Certificate
1. Incomplete Documentation
- Missing or incorrect details in Form 13 can lead to holdback or rejections.
- Ensure that property documents, capital gains calculations, and past tax records are properly submitted.
2. Assessing Officer’s Workload
- If the AO is handling multiple cases, processing times may be longer.
- It is advisable to follow up regularly to track the status of the application.
3. Additional Clarifications Required
- If the AO requests more clarifications on capital gains calculations, the process may take more time.
- Quick responses to similar requests can help speed up the approval.
4. Technical Glitches on TRACES Portal
- The online submission process on the TRACES portal may sometimes face delays due to technical issues.
- Keeping a backup of submitted forms and documents is recommended.
Tips to Expedite the Process
- Apply Early:
- Start the application process at least 2 months before the sale to avoid last-minute delays.
- Ensure Accurate Documentation:
- Submit a detailed capital gains calculation to show actual tax liability.
- Include supporting documents such as property purchase details, sale agreement, and bank statements.
- Regularly Follow Up with the AO:
- If the application is under process for an extended time, follow up with the Income Tax Office for updates.
- Hire a Tax Consultant:
- A tax expert or Chartered Accountant (CA) can ensure smooth filing and follow-ups, reducing errors and delays.
Conclusion
Obtaining a Lower TDS Deduction Certificate under Section 197 typically takes 4 to 6 weeks, though in some cases, it may extend up to 8 weeks. The time required depends on the completeness of documents, the Assessing Officer’s workload, and any additional clarifications required.
To avoid unnecessary delays, it is essential to apply well in advance, ensure accurate documentation, and proactively follow up with the tax authorities. A tax consultant can further assist in expediting the process.
By obtaining a lower deduction certificate, an NRI seller can significantly reduce the TDS burden, ensuring that only the actual tax liability is deducted rather than the standard 20% rate.