
Resident buyers of NRI property won't need TAN after Oct 1, 2026. TDS rules remain unchanged. Experts explain the current process, lower deduction certificates, and timing for sellers.
Resident individuals and HUFs buying immovable property from an NRI will no longer need a Tax Deduction Account Number (TAN) from October 1, 2026. The tax deduction obligation itself remains unchanged, but the reporting mechanism shifts from a TAN-based process to a PAN-based challan, similar to resident-to-resident transactions.
Amit Prakash, CBO of Urban Money, said that from October 1, resident buyers purchasing property from NRI sellers will be able to deposit TDS through a PAN-based challan, the same mechanism used for resident-to-resident property deals. The obligation to deduct tax stays with the buyer; what changes is the account number used for reporting.
CA Parag Jain, Tax Head at 1 Finance, said the Finance Bill 2026 amends Section 397(1)(c) of the Income Tax Act, 2025 to exempt resident individual and HUF buyers from obtaining a TAN when buying immovable property from a non-resident seller. The relief does not extend to companies, firms or LLPs buying property from an NRI; they will continue to require a TAN.
Until September 30, 2026, obtaining a TAN is mandatory for resident individuals buying from an NRI. Jain said the applicable route is Form 144, the renumbered Form 27Q, a quarterly return filed through the TIN-Protean utility that cannot be filed without a TAN. The compliance structure was designed for regular tax deductors such as employers and businesses, Jain noted. A buyer purchasing a house may have only a one-time TDS obligation yet still has to apply for a TAN, wait for its allotment and file the required quarterly return. Prakash said that for a one-time property purchase, this can involve several additional compliance steps.
There is no ₹ 50 lakh threshold for TDS when a resident buyer purchases property from an NRI seller. Jain said this is one of the biggest differences between transactions involving resident and non-resident sellers. For a resident seller, TDS generally applies where the consideration or stamp duty value is ₹ 50 lakh or more, at 1% of the consideration. For a non-resident seller, TDS applies from the first rupee. A ₹ 30 lakh property bought from an NRI attracts deduction, whereas the same property bought from a resident seller would not attract TDS if it remains below the ₹ 50 lakh threshold.
The rate and amount of deduction also differ. In an NRI transaction, the tax is linked to the seller's capital gain, but the buyer cannot simply assume the amount of capital gain. In the absence of a lower deduction certificate, Jain said the deduction is made on the entire sale consideration at 12.5% where the property was held beyond 24 months, or at slab rates for shorter holding periods, along with surcharge and cess. On a ₹ 2 crore sale, this could mean ₹ 25 lakh being withheld even if the seller's actual capital gain is much lower.
An NRI seller who obtains a lower or nil TDS certificate does not eliminate the buyer's TAN requirement before October 1, 2026. Prakash said the certificate determines the rate at which TDS is deducted, while the TAN continues to determine how the deduction is reported and deposited. Jain said the certificate is issued in respect of a named deductor and the seller's application has to quote the buyer's TAN. The buyer must obtain the TAN first, after which the seller can apply for the lower deduction certificate. This sequencing can delay transactions. Jain said the buyer should apply for the TAN first, and the seller should then apply for the certificate. Since the certificate can take several weeks, starting the process only a fortnight before registration may leave insufficient time.
NRIs planning to sell Indian property before October 1, 2026, should factor the existing TAN-based TDS process into their transaction timeline. Prakash said that if the sale is flexible, completing it after October 1 could simplify compliance for the buyer because TDS reporting will shift to a PAN-based process for eligible resident individuals and HUFs. For sales before October 1, Prakash recommended considering the TDS rate and documentation alongside the transaction timeline. NRIs eligible for a lower deduction certificate under Section 197 should consider applying before the sale rather than waiting until the transaction is already underway.
Jain said NRIs should disclose their residential status when listing the property rather than waiting until the agreement is being drafted. A buyer discovering the NRI status late in the process may respond by renegotiating the price. For transactions involving a lower deduction certificate, Jain recommended starting the process six to eight weeks before the target registration date. NRIs should also explain the compliance mechanics to buyers, particularly because many resident buyers may be familiar with Form 141 but not Form 144.
Jain also said NRIs should keep repatriation documentation moving in parallel. Sale proceeds can leave an NRO account within the annual limit of USD 1 million per financial year, supported by Form 145 and Form 146 under the Income Tax Rules, 2026. Where the transaction timeline is flexible, Jain said sellers should consider the practical benefit of completing the transaction after October 1, 2026, when the TAN step will no longer apply to eligible resident individual and HUF buyers.
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