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Dealing with an NRI

You relied on the NRI seller's lower TDS certificate and it did not cover you: the fix

A lower-deduction certificate protects only the payment it describes: this buyer, this amount, this period.

The NRI seller gave you a lower-deduction certificate (Form 128 under the 2026 Rules, formerly Form 13; Section 395 of the 2025 Act, formerly Section 197 of the 1961 Act) and you deducted at its rate. Now you find it had expired before you paid, named a different buyer, or covered less than you paid.
Last reviewed: 27 September 20265 min readReviewed by Preetesh Maloo, CA

The short answer

A lower TDS certificate covers only the deductor it names, up to the amount it states, within the period it states, and only payments made on or after the date it was issued (CBDT Circular 774 of 1999). Any payment outside those limits was deductible at the normal non-resident rate under Section 393(2) of the 2025 Act, formerly Section 195. For that part you are the defaulter (Section 398, formerly Section 201): deposit the difference with interest at 1% a month, file the statement and give the seller the certificate. The seller's own return, once filed with the tax paid, can end the tax claim against you.

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Lower TDS certificate expired or named another buyer: what it means

It is as serious as any short deduction: wherever the certificate does not reach, the full rate applied, and the difference is yours with interest.

What went wrongCovered?What you owe
Payment after the certificate's end dateNoFull rate less what you deducted, on that payment
Certificate names another buyer, or only your co-buyerNo, for your paymentThe same, on your payment
Payments exceeded the certificate amountOnly up to the amountFull rate on the excess
Payment made before the certificate was issuedNoFull rate on that payment
Certificate cancelled before you paidNoFull rate from the cancellation

Where two spouses buy together and each pays, each is a separate deductor and each needs to be named.

How to fix TDS deducted on an invalid lower TDS certificate

Test the certificate against every payment, then top up only what it did not cover.

1. Check the certificate on the TRACES portal against your TAN: the amount already consumed and the dates. 2. Ask the seller whether their return for the year of sale is filed with the tax paid. If it is, a chartered accountant's certificate (Form 26A, now Form 149) ends the tax claim, and interest runs only to the date they filed. 3. Otherwise deposit the shortfall on each uncovered payment under Section 393(2), formerly Section 195, with interest at 1% a month from that payment's date. 4. File or correct the statement for the quarter, Form 27Q up to 31 March 2026 or Form 144 from 1 April 2026, showing the uncovered payment at the normal rate. 5. Send the seller the certificate.

A resident individual or HUF paying from 1 October 2026 reports on Form 141, Schedule E, and gives the seller Form 132. If payments are still to come, the seller can apply for a fresh or revised certificate before the next one is made.

A worked example: Anil in Delhi

Anil agreed to buy a Delhi flat for Rs 80 lakh from Ritu, an NRI in Sydney who had owned it since 2012. Ritu's certificate named Anil, allowed 2% on up to Rs 80 lakh and ran to 31 March 2026. He paid Rs 50 lakh on 20 February 2026 at 2%. Registration slipped, and he paid the Rs 30 lakh balance on 10 April 2026, still at 2%, Rs 60,000.

ItemAmount
Normal deduction on Rs 30 lakh: 14.3%, with surcharge set by the Rs 80 lakh paid in allRs 4,29,000
Deducted at 2%Rs 60,000
Shortfall on the April paymentRs 3,69,000
Interest at 1% a month to a deposit on 20 October 2026 (7 months)Rs 25,830

The February payment was covered. The April one was not, because the certificate had run out.

What's involved

What the CA actually does

  1. 1

    Test the certificate against each payment

    We verify the certificate on TRACES and match its deductor, amount and dates against every payment you made.

  2. 2

    Check the seller's return

    Where the seller has filed and paid, we prepare the Form 149 certificate that ends the tax claim against you.

  3. 3

    Deposit and correct

    We deposit the shortfall with interest and file or correct the statement for the right quarter.

  4. 4

    Cover payments still to come

    We work with the seller's CA on a fresh certificate before the next payment, not after it.

What to have ready

Documents you'll typically need

  • The lower-deduction certificate
  • Sale deed and every payment date and amount
  • TDS challans and statements
  • Seller's PAN and return, if filed

References on this page

  • Section 197 of the Income-tax Act, 1961 / Section 395 of the Income-tax Act, 2025: lower or nil deduction certificate
  • Rule 28AA of the 1962 Rules: certificate valid for the specified period and only for the deductor named; Form 13 to Form 128 (Income-tax Rules 2026)
  • CBDT Circular 774 of 17 March 1999: a certificate covers payments made after it is issued
  • Section 195, 1961 / Section 393(2), 2025 Act; Section 201, 1961 / Section 398, 2025 Act

Frequently asked questions

Common questions

No. Payments inside its dates and amount stand. Only the payments outside it need topping up.

The seller applies, on Form 128, formerly Form 13. The certificate names you as the deductor.

Only by agreement or a civil claim, because the seller has already received the balance in full.

Yes. The statement shows the certificate number against each payment it covered, and the normal rate against any payment it did not.

A penalty equal to the tax not deducted is possible (Section 448 of the 2025 Act, formerly Section 271C), but not where you show reasonable cause (Section 470, formerly Section 273B), and a certificate you relied on in good faith is the evidence.

The exceptions that change the answer

Where the general rule stops applying to you

Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.

How a resident individual buyer deposits TDS on an NRI's property

Right now: No TAN needed: a resident individual or HUF buyer deposits and reports the TDS on Form 141 Schedule E against their PAN and issues Form 132 to the seller

Where it works differently

The buyer is a company, firm, trust or an NRI
Still needs a TAN and files Form 144.
s.397(1)(c) as amended by the Finance Act 2026 (and the Fifth Amendment Rules that follow it) covers only resident individual and HUF buyers.
The payment is rent or interest to a non-resident
Not covered. The payer still needs a TAN.
The amendment is limited to consideration for transfer of immovable property.
The seller has no PAN
Schedule E asks for the seller's foreign contact details, Tax Residency Certificate details and foreign Tax Identification Number.
Used to decide the applicable rate.
Instalments straddle 1 October 2026
The route follows the date of each payment: instalments paid on or before 30 September 2026 go through TAN and Form 27Q / Form 144, later ones through Form 141 Schedule E.
Both the s.397(1)(c) amendment and the Fifth Amendment Rules take effect on 1 October 2026; neither source we read carves out agreements already signed, so treat the payment date as decisive and confirm on the portal.

Commonly got wrong

  • The TAN rule is gone, so the buyer deducts 1% like a resident sale. Only the reporting route changed. The rate is still the s.195 / s.393(2) rate on the whole consideration unless there is a lower-deduction certificate.From 1 October 2026 you do not need a TAN, but you still deduct at the full capital-gains rate for a non-resident seller and report it on Form 141 Schedule E.
  • Every buyer from an NRI can now skip the TAN. Only resident individuals and HUFs are covered.If the buyer is a company, firm, trust or itself a non-resident, it still needs a TAN and files Form 144.

The seller's lower TDS certificate did not cover my payment. What now?

Send the deed, the certificate, your challans and the seller's documents for a fix-it review. We will test the certificate against each payment and fix the shortfall. Free call, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.