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No TAN Needed to Buy Property from an NRI from 1 October 2026: Complete Guide to CBDT Notification 121/2026, Form 141 Schedule E & Circular 07/2026

By CA Shivam Gupta | Published: September 30, 2026

EXECUTIVE SUMMARY

Purchasing immovable property from a Non-Resident Indian (NRI) has historically represented one of the most operationally burdensome tax compliance workflows for individual homebuyers in India. Unlike transactions involving resident sellers—which are streamlined through a PAN-based challan-cum-statement—acquisitions from NRIs previously required retail buyers to apply for a Tax Deduction and Collection Account Number (TAN), deposit tax through ITNS 281 challans, file quarterly non-resident TDS returns in Form 27Q, and manually issue Form 16A certificates. Effective 1 October 2026, CBDT Notification No. 121/2026 (Income-tax (Fifth Amendment) Rules, 2026) fundamentally simplifies this framework by abolishing the TAN mandate for resident individual and HUF buyers, integrating NRI property purchases into PAN-based Form 141 through a newly notified Schedule E. Concurrently, the CBDT has issued formal statutory Circular No. 07/2026 giving legislative effect under Section 119 to the extension of Tax Audit Reports to 21 October 2026 and audited ITRs to 21 November 2026.

1. THE NEW REGIME AT A GLANCE

Parameter Old Rule (Up to 30 Sept 2026) New Rule (From 1 Oct 2026)
TAN Requirement Mandatory under Section 203A Abolished for Resident Individuals/HUFs
Reporting Form Challan 281 + Quarterly Form 27Q Single Form 141 (Schedule E)
Deposit Timeline 7 days from month-end 30 days from month-end
TDS Certificate Form 16A (Quarterly) Form 132 (Within 15 days)

2. CRITICAL SUBSTANTIVE TRAPS

  • No ₹50 Lakh Threshold: Unlike Section 194-IA where TDS applies only above ₹50 Lakh, NRI purchases have no minimum threshold. TDS applies on every rupee.
  • Rates in Force: Deduct at 12.5% on Long-Term Capital Gains (plus surcharge/cess) or regular slab rates for STCG, unless the seller provides a Section 197/395 Lower Deduction Certificate.
  • Circular 07/2026 Reminder: The Tax Audit Report deadline has been formally extended to 21 October 2026, and audited ITRs to 21 November 2026.


By CA Shivam Gupta. Originally published on Tax Advisor – Your Own Tax Guide. This article reflects its original publication date; provisions and deadlines may have changed.

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