Income tax

Property withholding tax: sections 236C and 236K after Finance Act 2026

Sections 236C and 236K govern withholding tax on immovable property transactions – sale/transfer and purchase respectively. Both were meaningfully changed under Finance Act 2026.

Sale or transfer of immovable property (section 236C)

Under Finance Act 2026, this section was simplified from a value-tiered structure to a single flat rate:

Active Filer2.75% of the gross consideration received
Non-Filer11.5% of the gross consideration received

This tax is deducted by the person responsible for registering or attesting the transfer, at the time of sale.

Purchase of immovable property (section 236K)

The purchaser-side rate structure also changed. Active Filers now pay a flat rate regardless of property value, while Non-Filer rates remain tiered by fair market value:

Active Filer1.25% of fair market value, at any property value
Non-Filer, where fair market value does not exceed Rs. 50 million10.5%
Non-Filer, where fair market value exceeds Rs. 50 million but not Rs. 100 million14.5%
Non-Filer, where fair market value exceeds Rs. 100 million18.5%

Why this change matters

Previously, both sections used value-based tiers even for Active Filers, meaning the rate you paid depended on the property's value bracket. Finance Act 2026 flattened the Active Filer rate for both sections into a single percentage regardless of value – a meaningful simplification for buyers and sellers who are on the Active Taxpayers List. Non-Filers, however, still face steep, tiered rates on the purchase side that scale up sharply with property value.

Given how substantial these amounts can be on higher-value property, confirming your Active Filer status before a transaction closes can make a real difference to your final cost. Our withholding calculator reflects both of these updated rates. For a review of a specific upcoming property transaction, contact our team.

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