What Is Form 26QB in Income Tax? TDS on Property Purchase

Understand Form 26QB what it is, who files it, TDS rate, due date, penalties, how to fill it, Form 16B, and the new Form 141 under Income Tax Act 2025.
Quick Summary: (TL; DR)
Form 26QB is the challan-cum-statement filed by a property buyer to deposit TDS (Tax Deducted at Source) on the purchase of immovable property worth ₹50 lakh or more, under Section 194-IA of the Income Tax Act, 1961. TDS rate: 1% of the higher of sale price or stamp duty value. Deadline: within 30 days from the end of the month in which TDS was deducted. After filing, the buyer downloads Form 16B from TRACES (traces.gov.in) and gives it to the seller within 15 days. Important 2026 update: Form 26QB has been renumbered as Form 141 under the new Income Tax Act, 2025, effective April 1, 2026. For transactions up to March 31, 2026, Form 26QB under the old Act applies. From April 1, 2026 onwards, file Form 141 on the income tax portal.
What Is Form 26QB in Income Tax?
Form 26QB is a combined payment and return form. When you buy a property like land, flat, house or commercial space for ₹50 lakh or more in India you need to file this form.
Here is what you need to do:
Deduct 1% TDS from the payment you make to the seller.
This is as per Section 194-IA of the Income Tax Act, 1961.
File Form 26QB to deposit this TDS with the government.
Give Form 16B, which's a TDS certificate to the seller within 15 days.
Form 26QB is not, like a return. It combines two things: the TDS payment challan and the return Statement. You do not need a TAN to fill out this form. Your PAN is enough.
Who Files Form 26QB and Who Is It For?
Party | Role |
Buyer (Deductor) | Files Form 26QB and deposits 1% TDS to the government |
Seller (Deductee) | Receives Form 16B from buyer as proof of TDS deposit |
Government | Receives 1% of the property value as advance tax from the transaction |
The buyer's responsibility is complete and non-delegable. Even if the seller is well-known, trustworthy, or the transaction is between family members if the property value crosses ₹50 lakh, the buyer must file Form 26QB. Failure makes the buyer an "assessee in default" with interest liability.
When Does Form 26QB Apply?
Scenario | Form 26QB Applicable? |
Flat purchase in Bengaluru for ₹75 lakh | Yes 1% of ₹75 lakh = ₹75,000 TDS |
Plot purchase in rural Karnataka for ₹45 lakh | No below ₹50 lakh threshold |
Agricultural land purchase (rural) | No agricultural land exempt |
Urban agricultural land (converted) | Yes treated as urban property |
Under-construction flat, payment in instalments | Yes TDS on each instalment proportionately |
Buying from an NRI seller | No Section 195 applies instead (different, higher TDS rates) |
Two joint buyers for ₹1 crore flat (equal shares) | Yes each buyer files separate Form 26QB for their ₹50 lakh share |
Critical rule from October 2024: You must deduct TDS on the amount between the sale consideration and the stamp duty value.
For example if you buy a property for seventy lakh rupees but the stamp duty value is eighty lakh rupees you have to deduct TDS.
TDS is one percent of eighty lakh rupees which equals eighty thousand rupees.
The sale consideration is seventy lakh rupees. Tds is, on eighty lakh rupees.
Need Help with Form 26 or 141? Talk to Vault Lawyer and CA to get Legal Clarity and Guidance.
How to Fill and File Form 26QB Online Step by Step
Step 1: Go to incometax.gov.in - Log in with your PAN
Step 2: Navigate to e-File - e-Pay Tax - New Payment
Step 3: Select "26QB (TDS on sale of property)" - Click Proceed
Step 4: Fill in the three pages:
Page | Details Required |
Page 1 Buyer Details | Full name, PAN, Aadhaar, address, mobile, email |
Page 2 Seller Details | Full name, PAN (mandatory missing PAN = TDS jumps to 20%), address |
Page 3 Property Details | Full property address, type (residential/commercial), date of agreement/registration, sale consideration amount, stamp duty value, TDS amount |
Step 5: Review all details carefully errors in PAN, property value, or dates cause mismatch notices later
Step 6: Select payment mode Pay Now (net banking, debit card, UPI, RTGS/NEFT) or Pay Later
Step 7: Complete payment - Acknowledgement number generated Download and save the challan receipt
Step 8: After 1015 days, log in to traces.gov.in - Select Form 16B Enter seller's PAN and acknowledgement number - Submit request
Step 9: Download Form 16B and give it to the seller within 15 days of the TDS deposit due date
Form 26QB Calculation With Examples
Formula: TDS = 1% × (Higher of Sale Price or Stamp Duty / Guidance Value)
Example | Sale Price | Guidance Value | TDS Basis | TDS Amount |
Flat, Koramangala | ₹80 lakh | ₹78 lakh | ₹80 lakh | ₹80,000 |
Plot, Whitefield | ₹65 lakh | ₹72 lakh | ₹72 lakh | ₹72,000 |
₹1 crore flat, 2 joint buyers | ₹50 lakh each share | ₹52 lakh each | ₹52 lakh each | ₹52,000 each (2 separate forms) |
Instalment: advance ₹15L on ₹80L flat | ₹15 lakh | ₹15 lakh | ₹15,000 |
Common mistake people make is calculating TDS on the amount that is more than ₹50 lakh. This is incorrect. TDS applies to the sale value of the property not just the extra amount.
For example if a property costs ₹60 lakh then TDS is 1% of ₹60 lakh, which equals ₹60,000. It is not 1% of ₹10 lakh, which's the amount exceeding ₹50 lakh.TDS is calculated on the sale value so, in this case it is ₹60 lakh.
Need Help with Form 26 or 141? Talk to Vault Lawyer and CA to get Legal Clarity and Guidance.
Due Date for Filing Form 26QB
TDS must be deposited within 30 days from the end of the month in which TDS was deducted from the seller's payment.
TDS Deduction Date | Due Date for Form 26QB |
November 15 | December 31 |
December 30 | January 31 |
March 20 | April 30, 2026 |
Any date in April 2026 | May 31, 2026 |
Note from the Income Tax Department: The due date to deposit the TDS that was deducted in March 2026 is April 30 2026.If you miss this date you will have to pay interest. The interest rate is 1.5 percent, per month. It starts from the date you deducted the TDS. You should deposit the TDS on time to avoid paying interest. The Income Tax Department sends you this note to remind you about the TDS deposit. The TDS deduction date is important to calculate the interest. The interest will add up every month if you delay the Deposit. So make sure to deposit the TDS by April 30 2026.
Penalties for Late or Non-Filing of Form 26QB
Default | Penalty / Interest |
Late filing (beyond due date) | ₹200 per day under Section 234E until filing |
Late deduction | Interest at 1% per month from date payment was due |
Late deposit | Interest at 1.5% per month from date of deduction |
TDS not deducted at all | Buyer becomes "assessee in default" full TDS + interest + possible penalty |
Wrong PAN of seller | Seller cannot claim credit; buyer faces notice |
Seller's PAN absent | TDS rate jumps to 20% instead of 1% |
Need Help with Form 26 or 141? Talk to Vault Lawyer and CA to get Legal Clarity and Guidance.
What Is the New Form 141? 2026 Update
Under the Income Tax Act, 2025 (effective April 1, 2026), Form 26QB has been consolidated and renumbered as Form 141.
Aspect | Form 26QB (old) | Form 141 (new, from April 2026) |
Applicable law | Income Tax Act, 1961 | Income Tax Act, 2025 |
Section | Section 194-IA | Section 393(1) |
Applicable from | Transactions up to March 31, 2026 | Transactions from April 1, 2026 |
Filing portal | incometax.gov.in (same portal) | |
TDS rate | 1% | 1% (unchanged) |
Threshold | ₹50 lakh | ₹50 lakh (unchanged) |
Practical impact: For any property transaction where payment was made before March 31, 2026, file Form 26QB. For payments from April 1, 2026 onwards, file Form 141. The TDS rate, threshold, and basic process remain the same only the form number and governing Act change.
Conclusion
Form 26QB is one of the most overlooked compliance requirements in Indian property transactions but the penalties for getting it wrong are real and immediate. Deduct 1% TDS on the higher of sale price or guidance value, file on incometax.gov.in within 30 days of the month of deduction, issue Form 16B to the seller within 15 days, and verify all PAN details before submission. From April 1, 2026, the form is renamed Form 141 under the Income Tax Act, 2025 but the rate, threshold, and process remain identical. If you are buying a property above ₹50 lakh in India, Form 26QB compliance is not optional and missing it costs more to fix than getting it right the first time.
Need Help with Form 26 or 141? Talk to Vault Lawyer and CA to get Legal Clarity and Guidance.


