Paying 1% TDS on a Home Purchase in 2026: Form 141 Explained for Buyers

By Propmonk Editorial Team·20 October 2026·6 min read
Paying 1% TDS on a Home Purchase in 2026: Form 141 Explained for Buyers

A buyer whose purchase reaches Rs. 50 Lakhs, with a seller resident in India, must keep back one percent of the price and remit it to the government. Until March 2026 the filing used Form 26QB. The 2025 income tax law moved it to Form 141 for every payment from 1 April 2026. This guide sets out who is covered, how the figure is arrived at, the filing calendar and the errors that tend to prove expensive in Bangalore.

Who Has to Deduct, and on What

The duty covers any immovable property except agricultural land, bought from a seller resident in India. Flats, villas, plots and shops are all included, and so are new sales by builders and resales between individuals. The tax is the buyer's responsibility, while the seller receives the credit.

A quick summary of the rule:

  • Trigger: price, or the property's guidance value, reaching Rs. 50 Lakhs
  • Amount: 1% of the larger of the two figures
  • Legal basis: section 393(1), which took over from the old section 194-IA
  • Filing: Form 141, one online challan and statement combined
  • Proof for the seller: Form 132, in place of Form 16B
  • Identification: PANs of both sides, with no TAN involved

Since most apartments in Bangalore cost more than that, almost every purchase in the city falls within this rule. Builder sales and resales are treated alike.

Calculating the Deduction

Tax applies to the whole price, and Rs. 50 Lakhs merely decides whether the rule is triggered. A flat priced at Rs. 1.2 Crore carries a deduction of Rs. 1.2 Lakhs. The seller gets Rs. 1.188 Crore, and the department gets the rest.

Two points often surprise buyers. Karnataka's guidance value serves as the stamp duty value, and when it is above the agreed price, the 1% is computed on the guidance value.

Also, the price is wider than the base rate. Parking, club membership, utility connection fees, prepaid upkeep and other cost-sheet items form part of the consideration, and tax is deducted on the full sum.

Two or more people on one side

The Rs. 50 Lakhs limit is measured on the property in full. Two siblings buying a flat for Rs. 70 Lakhs are covered, although each pays only Rs. 35 Lakhs. Every buyer files a Form 141 for their own payment, and a form may name several sellers.

Flats Bought in Instalments

The deduction falls due on the earlier of payment and credit to the seller. A home on a construction-linked schedule therefore loses 1% from each instalment, and all deductions of one month can be reported together on one Form 141.

An instalment of Rs. 8 Lakhs means Rs. 8,000 is held back. Many builders print this on its own line of the demand letter. The token paid at booking is the one most often overlooked, and settling it right away is easier than going back later.

A bank may release loan money straight to the builder, but the tax duty stays with the buyer. In practice the buyer pays the 1% out of personal funds and hands the receipt to the bank and to the builder. It is best to agree this with the lender before the first release.

The Filing Calendar

The procedure runs entirely online and takes minutes after the particulars are ready. In order:

  1. Get the seller's PAN along with written confirmation of residence in India.
  2. Sign in to the department's e-filing portal using the buyer's own PAN, then open Form 141.
  3. Fill in the buyer, seller and property details, the complete price and the sum being paid now.
  4. Make the payment online and save the acknowledgement together with the challan.
  5. Download Form 132 when it is ready and hand it to the seller.

The form and the payment both fall due 30 days after the close of the month in which tax was cut. Tax withheld on 18 July is due by 30 August. The seller should be handed Form 132 inside 15 days of that date.

Anything paid until the end of March 2026 remains with Form 26QB. Instalments from 1 April 2026 shift to Form 141, even under an older agreement, so a buyer part-way through a schedule may hold certificates of both kinds.

If the Seller Lives Abroad

One percent is meant for resident sellers. A non-resident seller is governed by another rule, which deducts at far higher rates linked to the profit made on the sale. From 1 October 2026 the buyer, if a resident individual, reports that deduction on Form 141 too, using a separate schedule and no TAN.

Applying 1% to a non-resident seller makes the buyer answerable for the gap plus interest, so settle the seller's status before drafting the agreement. More on dealing with overseas owners is on our NRI page.

What Mistakes Cost

The buyer is the one treated as defaulter, and these costs fall on the buyer:

  • Interest of 1% for each month that tax was deducted late or missed
  • Interest of 1.5% for each month that deducted tax was deposited late
  • A late filing charge of Rs. 200 daily, never above the tax itself
  • Deduction at 20% instead of 1% if the seller has no PAN to give

A mistyped PAN or amount also holds up the seller's credit and breeds disputes later. The TDS portal allows corrections, though entering everything correctly first time avoids the exercise.

Before Signing the Sale Deed

Run through these items before registration:

  • Written proof of the seller's residence and PAN
  • The guidance value set beside the agreed price
  • An agreement clause that 1% will be taken out of the price
  • Every payment so far, each with its form and challan
  • The bank's method for tax on loan releases
  • A copy of Form 132 for every payment, given to the seller

The tax is a slice of the price and adds nothing to what the home costs. Stamp duty, registration and loan charges are the true extras, and the EMI calculator puts them beside the monthly instalment. Our team can also look over a cost sheet or demand letter on request.

Frequently Asked Questions

Is Form 26QB still in use for property TDS?+
Only for payments made until the end of March 2026. Later payments are reported on Form 141, introduced with the new income tax law of 2025.
Which purchases attract the 1% cut?+
Those priced, or valued for stamp duty, from Rs. 50 Lakhs upwards, where the seller lives in India. Agricultural land stays outside the rule.
Must the buyer cut tax from every instalment on a flat under construction?+
Yes. A 1% deduction is made whenever an instalment is paid or credited, and it is reported on Form 141 within 30 days after that month ends.
What is the deadline for Form 141?+
Thirty days after the month of deduction closes, along with the tax. The seller is then given Form 132 inside 15 days of that date.
How much is charged for filing late?+
Rs. 200 for each day, capped at the tax due. Interest is levied separately on tax deducted or deposited late.
What if the person selling the flat is an NRI?+
The 1% does not apply. A non-resident seller falls under another rule with much steeper deductions tied to the gain. The 1% rate belongs to resident sellers above the Rs. 50 Lakh limit.

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