A Major Compliance Hurdle Removed
In a significant move to simplify tax compliance, Union Finance Minister Nirmala Sitharaman, in the Union Budget 2026, announced a major change in the rules for Tax Deducted at Source (TDS) on the sale of immovable property by Non-Resident Indians (NRIs). The proposal eliminates the mandatory requirement for resident buyers to obtain a Tax Deduction and Collection Account Number (TAN) for such transactions. Instead, buyers can now deduct and deposit the TDS using their own Permanent Account Number (PAN).
This reform addresses a long-standing procedural irritant that often caused significant delays and administrative burdens for individuals purchasing property from NRIs. The change is expected to make transactions smoother, faster, and more efficient for both parties involved.
The Problem with the Old System
Previously, the process for deducting TDS on property purchased from an NRI was markedly different and more complex than for a transaction with a resident seller. Under Section 195 of the Income Tax Act, when a resident bought property from an NRI, they were required to:
- Obtain a TAN: This was a mandatory step, even if it was a one-time transaction. Applying for a TAN involved a separate application process and added an extra layer of compliance.
- Deduct TDS at Higher Rates: TDS rates for NRI property sales are significantly higher, ranging from 12.5% to over 30% on the entire sale consideration, not just the capital gains.
- File e-TDS Returns: The buyer had to file quarterly e-TDS returns using Form 27Q, a compliance requirement not applicable in resident transactions.
This complex procedure often discouraged potential buyers or led to errors and delays, creating a high compliance burden. As noted by tax experts, obtaining a TAN for a single transaction resulted in a large number of inactive TANs, adding to the administrative load for both taxpayers and the tax department.
The Budget 2026 Solution: Simplicity and Parity
The new proposal, effective from April 1, 2026, aligns the process for NRI property sales with that of resident sellers under Section 194-IA. By allowing the use of a PAN-based challan, the government has streamlined the entire operation. This means the buyer no longer needs to go through the hassle of TAN registration and subsequent e-TDS filings.