01
Step 1: Check the credit
Look at Form 26AS and AIS on the e-filing portal after the due date of the buyer's quarterly TDS statement. The credit should show your PAN, the buyer and the amount deducted.
Check your Form 26AS and AIS after the buyer's quarterly TDS statement is due. If the TDS is missing, ask the buyer for the challan and statement; a wrong PAN or amount needs a correction statement from the buyer. If the buyer deducted but never deposited the tax, the buyer is in default and liable with interest, and the law protects you from paying tax that was already deducted from your money.
Last reviewed: · Reviewed by Regi Tom Antony, FCA · NRI property sale services
Look at Form 26AS and AIS on the e-filing portal after the due date of the buyer's quarterly TDS statement. The credit should show your PAN, the buyer and the amount deducted.
Ask for the challan details and the TDS statement acknowledgement. The most common causes are a wrong PAN, a wrong amount or a late statement, which the buyer fixes with a correction statement.
A buyer who deducts but does not deposit is in default and liable for the tax, interest and penalties. Keep the agreement, bank statements showing the net amount received and all correspondence. The Act protects a payee from being asked to pay tax already deducted from their income (earlier section 205), but you may need to show the evidence in your return and in any reply to a notice.
Build it into the agreement: the buyer gives the challan within days of payment, files the TDS statement on time and delivers the TDS certificate, with an indemnity and interest for default. See the 30-day pre-sale checklist.
A 15-minute NRI Tax Discovery Call to scope your situation and the right next step.
This guide is general information published by RTA & Associates. It is not tax, legal, financial or investment advice, and it does not create a client relationship. It does not take account of your personal circumstances, and you should not act or refrain from acting on the basis of anything here.
Cross-border outcomes turn on the specific facts — your day-counts, the timing of your move, the wrappers you hold and the treaty position between the two countries. A small change in any of those can change the answer completely.
References to the law, rules or practice of countries other than India are included for general orientation only. They are not advice on the law of that country, and they should be confirmed with a qualified adviser in that jurisdiction before you act.
Tax law, exchange-control rules and treaty positions change, and they change often. This page reflects our understanding as at the date shown above. We do not undertake to update it.
To the extent permitted by law, RTA & Associates and its partners and staff accept no liability for any loss arising from reliance on this page. For advice on your own position, book a consultation.
One email a fortnight. Corridor updates, deadline alerts, and one written framework worth your inbox.