
Buying a house is a big decision and a critical moment in anyone’s life. However, there are several legalities that you should complete to stay on the right side of the law. You will have to pay tax on the new house you purchase. Government charges taxes on the sale of house and buyers are required to pay this amount diligently. The amount of tax that you will have to pay varies based on the type of property you purchase. Taxes that are imposed while buying a new property are
- GST (Goods and Service Tax)
- Registration Tax
- Stamp duty
- TDS (Tax Deduction at Source).
Some of these are applicable only on under-construction properties.With the implementation of GST , other indirect taxes such as VAT (Value Added Tax), Service Tax, and others were replaced by this single unified tax system. According to the 33rdGST Council Meeting which was held on February 24, 2019, 5% GST should be charged without Input Tax Credit on residential properties that are not part of the affordable housing segment, while 1% GST should be charged without Input Tax Credit that is included in the affordable housing segment. Notably, GST Tax payment is not applicable to the sale of completed properties.For ready to move in apartments, three types of taxes could be applicable, which are TDS, Registration Tax, and Stamp Duty. TDS on purchase of the property was imposed from July 1, 2013, under section 194IA of the Income Tax Act .According to this rule, TDS must be deducted at 1 per cent if the value of the property exceeds Rs.50 lakhs. TDS is deducted at the time of crediting money to the seller’s account, or if the payment is made through the bank then, the buyer must inform the bank to deduct the necessary TDS to avoid any penalties.The registration process is necessary to record the sale documents with the Registration Officer. Under Section 17 of the Indian Registration Act, 1908, registering the document for sale, lease or transfer of the property is mandatory. The local government generally decides the registration percentage of a property and can vary from state to state. E.g., In Mumbai, the registration fee is charged at 1% of the agreement value of Rs 30,000, which is less.Stamp duty for your property is levied by the state government on the documents that you need to register your property. The stamp duty is typically 5 per cent of the total market value and can vary according to the states. The stamp duty that you are required to pay will also vary based on the age of the property, location, amenities, age of the buyer, and purpose. The buyer is required to pay the amount before registration.Ready to make the most of your money? Start your tax planning journey now!
FAQS - FREQUENTLY ASKED QUESTIONS
Is property tax decided by the central government ?
No, Property tax is a form of tax imposed on real estate properties, including land and buildings, by local governments such as Municipal Corporations and similar organizations. The tax rate and assessment methodology may vary from one jurisdiction to another, and it is determined by the local administration based on factors such as the property's location, size, and current market value.
The primary purpose of property tax is to generate revenue for the local government to fund essential public services such as road maintenance, waste management, and public safety. Property owners are required to pay property tax annually or semi-annually, depending on the jurisdiction.
Is there a way I could be excluded from paying property taxes ?
Individuals can receive a property tax exemption depending on various factors, such as their age (if they qualify as a super senior citizen), net income, the type and location of the property (especially if it is in a region affected by a natural disaster or similar circumstances), history of public service, or the value of the taxable property. Additionally, if you own a plot of land that is currently vacant, you may not be required to pay property tax on it. To obtain specific information regarding potential property tax exemptions, it is recommended to consult with your local government administration.
My landlord claims I am responsible for paying the property tax as a tenant, Is it legal ?
In some countries, such as the United States, tenants may be responsible for paying property taxes on the rental property they occupy. However, in India, it is the responsibility of the homeowner to pay property taxes. If your landlord is insisting that you pay property taxes, it is important to understand your legal rights.
Under Indian law, landlords are responsible for paying property taxes on the properties they own. If your landlord is forcing you to pay property taxes, you may have grounds to sue them in a civil court. You can take legal action against your landlord to enforce your rights as a tenant and seek compensation for any damages you have suffered as a result of their actions.
Why is my property's tax assessment more than the value of my property ?
If you are unsure about the value of your property in the current market, or you believe that the assessment may be incorrect, it would be beneficial to contact your local administration for clarification. In doing so, you can gain a better understanding of how your property was evaluated and why the tax bill is higher than expected.
Moreover, reviewing the tax bill can provide useful information about how the tax amount was calculated. This can help identify any discrepancies or errors in the assessment and provide a starting point for resolving any issues.
Is it possible to pay my property taxes online ?
The possibility of paying property taxes online depends on the regulations and services offered by your local government. Some municipal authorities have implemented online payment systems for this purpose, such as Bengaluru which has recently introduced this feature.
If your municipality permits online payment of property taxes, it can be a convenient and time-saving option for taxpayers. You can check with your local government to see if they offer this service and what the requirements are to access it. In case you have any questions or difficulties during the online payment process, you can also seek assistance from the relevant authorities.
Which property tax system exists in India ?
In India, the property tax is levied based on the Capital Value System, which involves determining the market value of a property by government. This determination takes into consideration several factors such as the location of the property, amenities in the vicinity, and the property's physical attributes.
The government publishes the market value annually and revises it every year to reflect any changes in the market. The market value is then used as the basis for calculating the property tax amount, which is payable by the property owner.
The Capital Value System is a transparent and objective method of determining the market value of a property, and it ensures that property owners are taxed fairly based on the actual value of their property.
Is property tax deductible from income tax ?
When an individual files their federal income tax return, they may be able to claim a tax deduction for the property taxes they paid during the year. This deduction can reduce the amount of taxable income and potentially result in a refund of taxes paid. Property taxes are taxes assessed on real estate and can include taxes on land, buildings, and any improvements made to the property. It's important to note that only the amount of property tax paid during the tax year can be deducted, and the deduction is subject to certain limitations based on the taxpayer's income and other factors.
Additionally, taxpayers must itemize their deductions and claim the property tax deduction. Therefore, it's important to keep track of all property tax payments made throughout the year and consult with a tax professional or use tax preparation software to ensure that all deductions are properly claimed.
If I don't pay my property tax, what will happen ?
If property owner fails to pay their property taxes, they may be subject to penalty charges based on the regulations of their state. If the owner continues to neglect payment even after receiving an official notice, it may lead to legal action such as a tax lien or foreclosure. In severe cases, the government may seize the property and sell it to recover the unpaid taxes. Although it is uncommon, imprisonment can be a possible penalty for failing to pay property taxes in certain jurisdictions. Property owners must comprehend the property tax laws in their state and prioritize paying their taxes to avoid any unfavourable outcomes.
How much of a property's value is exempt from taxes ?
According to the Income Tax Act of India, if a residential property has a Gross Annual Value (GAV) of less than Rs. 2.5 lakh and the owner earns rental income from it, then they are exempted from paying taxes on that income. However, if rental income is the individual's primary source of income, then they may become liable to pay taxes. GAV is the annual value of a property, calculated as the estimated rent that the property would fetch if rented out. Rental income is subject to income tax as per the applicable tax slab.
Is there a property tax exemption for women ?
The Indian government has implemented several monetary incentives to promote the empowerment of women in the country. Female homeowners, for instance, can avail themselves of property tax rebates, as well as stamp duty concessions, credit subsidies for housing, low-interest rates on home loans, and various other benefits.
The information contained herein is generic in nature and is meant for educational purposes only. Nothing here is to be construed as an investment or financial or taxation advice nor to be considered as an invitation or solicitation or advertisement for any financial product. Readers are advised to exercise discretion and should seek independent professional advice prior to making any investment decision in relation to any financial product. Aditya Birla Capital Group is not liable for any decision arising out of the use of this information.

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