CA Ankit Gulgulia (Jain)

By CA Ankit Gulgulia (Jain)

Published on September 23, 2026

πŸ“Œ CBDT Notification | 22.09.2026

Income-tax (Fifth Amendment) Rules, 2026

G.S.R. 830(E) | Notification No. 121/2026

πŸ—“οΈ Applicable from 1 October 2026

CBDT has addressed the Form 141 reporting gap for immovable property purchases from non-resident sellers.

Where a resident individual/HUF pays consideration for the transfer of immovable property to a non-resident [Section 393(2) – Table Sl. No. 17], TDS details will now be reported through the new Schedule E of Form 141. Form 132 has also been correspondingly amended.

πŸ”Ή Schedule B will continue to apply only where the seller is a resident [Section 393(1) – Table Sl. No. 3(i)].

πŸ“‹ Key Details Required in Schedule E

* Property address and type β€” non-agricultural land / building / both
* Details of all buyers β€” PAN, name and percentage of consideration (total: 100%)
* Details of all non-resident sellers β€” PAN, if available; name; status code; contact details; email; overseas address; TRC number; TIN/unique foreign identification number; and percentage share (total: 100%)
* Agreement/registration dates, Stamp Duty Value (SDV) and total consideration
* Payment details β€” lump-sum or instalment basis, including the previous Form 141 acknowledgement for subsequent instalments
* Seller-wise details β€” Section 202(1) option, LTCG/STCG character, amounts paid earlier and currently, date of credit, amount liable to TDS, applicable rate, Section 395 certificate details and tax deducted, including surcharge and cess

⚠️ Action Points for Practice

1️⃣ From 01.10.2026: Do not report transactions involving a non-resident seller under Schedule B.

2️⃣ TDS rate: The applicable rate is not a flat 1%. Deduct tax at the rates in force or as specified in the relevant Section 395 certificate, as applicable.

3️⃣ Non-resident details: Overseas address, email and contact details of the non-resident deductee are required even where PAN is available.

4️⃣ PAN not available: TRC and TIN/unique foreign identification details are required; otherwise, higher-rate TDS provisions under Rule 217 may apply.

5️⃣ Before the first payment on or after 01.10.2026: Collect the required TRC, TIN/foreign identification details, overseas address and Section 395 certificate, wherever applicable.

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