In short
Buying from a resident seller for ₹80 lakh with a stamp duty value of ₹85 lakh, the buyer deducts ₹85,000: 1% of the higher of the two, because one of them is ₹50 lakh or more. Buying the same home from a non-resident who held it more than 24 months, the rate in force is 12.5% plus surcharge and 4% cess, 14.3% of the ₹80 lakh paid, or ₹11,44,000, unless the seller or the buyer obtains a certificate from the Assessing Officer. The rule is central and the same in every state; the TDS is part of the price, paid to the government instead of the seller.
TDS by price and by seller
| Price paid | Resident seller | Non-resident, long-term | Non-resident, short-term |
|---|---|---|---|
| ₹45 lakh | none | ₹5,85,000 | ₹14,04,000 |
| ₹50 lakh | ₹50,000 | ₹6,50,000 | ₹15,60,000 |
| ₹80 lakh | ₹80,000 | ₹11,44,000 | ₹27,45,600 |
| ₹1.5 crore | ₹1,50,000 | ₹22,42,500 | ₹53,82,000 |
| ₹3 crore | ₹3,00,000 | ₹44,85,000 | ₹1,17,00,000 |
Calculation with the formula above, with a valid PAN, a stamp duty value not above the price, and no certificate under section 395. For a non-resident, the deduction on the full price is the default under the Act, not the final tax: the seller claims credit for it in an Indian return.
Before you pay
General information drawn from the official sources cited and dated on this page. It is not legal, tax or financial advice: for your own situation, ask a licensed professional.
Sources
- Income-tax Act, 2025, section 393(1), Table Sl. No. 3(i), Notes 1 and 3 (Gazette)
- Finance Bill 2026, Memorandum explaining the provisions: correction of Note 3 of section 393(1) [Table: Sl. No. 3(i)]
- Income-tax Act, 2025, sections 2(90)(c), 393(2) Table Sl. No. 17 and 395(1)-(2) (Gazette)
- Finance Act, 2026, First Schedule, Part II, item 1(b)(i)(D) and (O), 1(b)(ii)(K) and (N) (Income Tax Department)
- Finance Act, 2026, First Schedule, Part II, Surcharge on income-tax, Sl. Nos. 1 and 2 (Income Tax Department)
- Finance Act, 2026, section 3(15), (16) and (17) (Income Tax Department, Finance Acts)
- Income-tax Act, 2025, section 397(2)(b)(i) and (c) (Gazette)