I am a plot owner and have given my plot on JDA to Builder for Development. As consideration for my plot The Builder has alloted 20 flats to me in the said project. Am i required to deduct TDS u/s 194IA ?
TDS on flats alloted by Builders
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TDS on non-monetary consideration: allotment of flats under JDA generally falls outside 194-IA; other TDS rules may apply.
Section 194-IA does not apply to barter transactions under a Joint Development Agreement where the landowner receives flats instead of monetary payment. If the developer pays cash as part of the arrangement, the developer may have TDS obligations on those payments. TDS on benefits or perquisites can apply to non-monetary benefits only where the recipient receives them in the course of business or profession; if so, the developer must value the benefit, deduct tax at source, and report the deduction. (AI Summary)
Section 194-IA does not apply to barter transactions under a Joint Development Agreement where the landowner receives flats instead of monetary payment. If the developer pays cash as part of the arrangement, the developer may have TDS obligations on those payments. TDS on benefits or perquisites can apply to non-monetary benefits only where the recipient receives them in the course of business or profession; if so, the developer must value the benefit, deduct tax at source, and report the deduction. (AI Summary)
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