Income Tax
New NRI Property Sale Compliance Rules and TDS Forms Starting October 2026
Originally reported by Taxguru as: Income Tax | NRI Property Sales from 1 October 2026: Form 141 Without TAN, Form 128 for Lower Deduction & Compliance Rules
1 Nov 2026, 8:54 am IST · Xecute.finance News Desk
The crisp read
New income tax compliance rules for non-resident Indian property sales take effect on October 1, 2026. Sellers and buyers must navigate Form 141 Schedule E without requiring a TAN, alongside Form 128 certificates for lower tax deductions. These procedural updates aim to streamline real estate transactions involving non-residents.
Xecute Impact Breakdown
For CAs
- Tax professionals must inform clients about the October 2026 implementation date and prepare them for the adoption of Form 141 and Form 128
- Advisors should assist buyers in executing TDS filings without a TAN and guide selle
For businesses
- Property sales executed by non-resident Indians will be subject to updated tax deduction at source compliance rules beginning 1 October 2026
- Buyers can utilize Form 141 Schedule E to fulfill reporting requirements without needing a Tax Deduction Account Number
- Sellers can leverage Form 128 certificates to secure lower tax deduction rates from tax authorities
Effective 1 October 2026
Deep dive - the full story
Starting October 1, 2026, revised compliance rules govern property sales by non-resident Indians, altering how tax deduction at source and associated documentation are handled. Buyers can utilize Form 141 Schedule E without needing a Tax Deduction Account Number, simplifying the procedural burden on purchasers. Additionally, sellers can secure lower deduction certificates using Form 128 to ensure tax is withheld at an appropriate rate. These changes overhaul the administrative steps required during property settlements involving non-resident participants.
Tax compliance in cross-border real estate transactions ensures that capital gains do not escape domestic jurisdiction while facilitating smoother asset transfers. The procedural framework balances rigorous tax collection with the practical challenges faced by overseas citizens executing local property deals. In the past, obtaining mandatory identifiers like a TAN created friction and delays in property registration, but the updated provisions optimize the documentation workflow for all parties involved. CAs and legal advisors must update their checklists for clients engaging in NRI property transactions ahead of the October 1, 2026 deadline.
Professionals should guide buyers on filing Form 141 Schedule E correctly and assist sellers in obtaining timely Form 128 lower deduction certificates to prevent cash flow blockages. Bottom line: proactive adherence to these revised forms ensures smooth property transfers and protects clients from procedural penalties.
Source: taxguru.in
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