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Income TaxRule change

TDS on property bought from a non-resident: Forms 132 and 141 amended from 1 October 2026

The Income-tax (Fifth Amendment) Rules, 2026 bring the case where a resident individual or HUF deducts tax on buying immovable property from a non-resident into rules 215, 218 and 219, and add a new Schedule E to Form No. 141.

Key facts

Published
22 September 2026
Section
Income Tax
What it is
Rule change
In force
1 October 2026
Who it affects
Resident individuals and HUFs buying immovable property from a non-resident
Editor22 September 2026 · 2 min read

In 30 seconds

  • Notification No. 121/2026 (G.S.R. 830(E)) dated 22 September 2026; in force from 1 October 2026.
  • Covers deduction under section 393(2) [Table: Sl. No. 17] where a resident individual or HUF pays for immovable property.
  • Form No. 141 gets a new Schedule E for this deduction; Form No. 132 is also amended.
  • Where there is more than one buyer, each deductor files a separate form.

What the notification changes

CBDT has amended the Income-tax Rules, 2026 through the Income-tax (Fifth Amendment) Rules, 2026. The changes are about one situation: a resident individual or Hindu undivided family who has to deduct tax at source on consideration for the transfer of immovable property, a sum of the nature specified in section 393(2) [Table: Sl. No. 17] of the Income-tax Act, 2025.

This deduction is now written into rule 215(1), rule 218(3) and rule 219(5). In Form No. 132 and Form No. 141 a new option is added — “Transfer of immovable property by a non-resident to a resident individual or Hindu undivided family”.

What the new Schedule E asks for

  • Address and type of the property — land (other than agricultural land), building or part of a building, or both.
  • All buyers with PAN and their share of the consideration, and all sellers with their share.
  • For each seller: status, contact number, e-mail and address in the country of residence — to be given whether or not the non-resident has a PAN.
  • Date of agreement, date of registration if available, total stamp duty value and total sale consideration.
  • Whether the payment is in lump sum or instalments, the type of capital gains in the seller’s hands, the rate and amount of tax deducted, and the number of any certificate under section 395(1) or 395(2).

Points from the Notes to the form

  • If the non-resident seller has no PAN, the tax residency certificate number and tax identification number are to be furnished as per rule 217, so that tax is not deducted at the higher rate.
  • The amount of tax deducted includes surcharge, if applicable, and cess.
  • In case of more than one deductor, each deductor has to file a separate form.
  • Some of the information in the form will be pre-filled to the extent possible.

Questions and answers

From when do the amended forms apply?

The Income-tax (Fifth Amendment) Rules, 2026 come into force on 1 October 2026.

Two people are buying the property jointly. One form or two?

The Notes to Form No. 141 say that in case of more than one deductor, each deductor has to file a separate form.

The non-resident seller has no PAN. What is needed?

The tax residency certificate number and the tax identification number of the seller are required as per rule 217, for ensuring that tax is not deducted at a higher rate. Contact number, e-mail and overseas address are mandatory in every case.

TopicsTDS on propertynon-resident sellerForm 141Form 132CBDT

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Editor

TaxClue News reports changes in tax, GST, trade and company law from the source document, and links that document in every story.

Published 22 September 2026. Updated 3 October 2026. This report is for general information and is not professional advice. Read the source document before acting on it.

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