Draft Income Tax Rules Raise PAN Threshold to ₹20 Lakh from April 1, 2026

India proposes raising the PAN threshold for property deals to ₹20 lakh in 2026, but the current ₹10 lakh limit remains in force until officially notified.

Key Takeaways
  • Proposed rules seek to double the PAN threshold for property deals from ₹10 lakh to ₹20 lakh.
  • The current ₹10 lakh requirement remains active law until an official government notification is issued.
  • New draft rules expressly include gifts and joint development agreements within the reporting framework.

A proposed tax change in India would raise the mandatory PAN disclosure threshold for many immovable property transactions from ₹10 lakh to ₹20 lakh. If finalized, the change would apply from April 1, 2026.

For now, though, the rule has not been officially notified. That means, as of March 31, 2026, the current requirement still applies. PAN remains mandatory under the existing rule for immovable property transactions above ₹10 lakh.

Draft Income Tax Rules Raise PAN Threshold to ₹20 Lakh from April 1, 2026
Draft Income Tax Rules Raise PAN Threshold to ₹20 Lakh from April 1, 2026

This matters to Indian nationals abroad, U.S. visa holders buying property in India, green card holders with Indian assets, and NRIs involved in gifts or joint development agreements.

? Deadline Alert: The proposed effective date is April 1, 2026, but the higher ₹20 lakh threshold does not apply unless the tax department issues a final notification.

What changed in the draft rules

The Draft Income Tax Rules, 2026 propose increasing the PAN reporting trigger for immovable property transactions. The proposal would move the threshold from ₹10 lakh to ₹20 lakh.

The draft also makes clear that the rule would cover more than standard sale deeds. It would also apply to:

  • Property transfers by gift
  • Joint development agreements (JDAs)
  • Other covered immovable property transfers above ₹20 lakh

The stated reason is straightforward. The change is meant to reduce compliance for lower-value transactions and reflect higher property prices.

Before and after: PAN threshold comparison

Item Current rule Proposed draft rule
PAN mandatory for immovable property transactions Above ₹10 lakh Above ₹20 lakh
Legal basis Rule 114B of the Income-tax Rules, 1962 Draft Rule 159 in Draft Income Tax Rules, 2026
Effective date In force now April 1, 2026, if finalized
Gifts covered Generally tracked under existing rules, depending on transaction type Expressly covered above ₹20 lakh
JDAs covered Existing rule applies where relevant Expressly covered above ₹20 lakh
Status on March 31, 2026 Active law Draft only, not yet notified

Who is affected

This proposed change affects anyone involved in Indian immovable property transactions, including:

  • Residents buying or selling homes, flats, or plots
  • NRIs and OCI card holders
  • F-1, H-1B, L-1, O-1, and TN visa holders who own or acquire Indian property
  • Green card holders with property in India
  • Families transferring property through gifts
  • Landowners and developers entering JDAs

For immigrants in the United States, the Indian PAN rule is only part of the picture. If you are a U.S. tax resident, you may also need to report rental income, capital gains, and foreign assets on your U.S. return. The IRS rules for residency and foreign reporting are explained in Publication 519 and the IRS international tax portal.

Current status: not in force yet

The most important point is this: the ₹20 lakh threshold is still only a proposal.

As of March 31, 2026, there is no official notification confirming that the draft rule has been adopted. Until that happens, the current threshold of ₹10 lakh continues to govern PAN quoting for covered immovable property deals.

That creates a real transition issue. Some buyers or sellers may hear that PAN is needed only above ₹20 lakh from April 1, 2026. But unless the final notification is issued, relying on that higher threshold is risky.

⚠️ Warning: Do not assume the draft rule is already law. If your transaction exceeds ₹10 lakh, check the registration and tax position before signing documents.

What transactions are covered

If finalized, the draft rule would apply to immovable property deals above ₹20 lakh. Based on the draft language described publicly, that includes:

  • Sale or purchase of houses, flats, or plots
  • Gift transfers of immovable property
  • Joint development agreements where the property value exceeds ₹20 lakh

Transactions below ₹20 lakh may no longer require PAN at registration if the rule is finalized in its current form.

Still, parties should not read that as a green light to omit PAN in every case. Registrars, banks, and tax advisers may still request identification details. Sellers also need to think about capital gains reporting.

Practical impact for buyers and sellers

The proposal would mainly reduce paperwork for lower-value property deals. That may matter more in smaller markets where transaction values often fall between ₹10 lakh and ₹20 lakh.

Here is what that looks like in practice:

  • Example 1: A plot purchased for ₹16 lakh currently falls above the ₹10 lakh rule. PAN is required under the present law.
  • Example 2: If the new rule is finalized, that same ₹16 lakh transaction may no longer require PAN at registration.
  • Example 3: A flat transferred by gift at ₹25 lakh would still require PAN if the draft becomes law.
  • Example 4: A JDA involving land valued at ₹30 lakh would also remain within the PAN requirement.

For higher-value deals, the government’s tax objective stays the same. PAN links the transaction to the taxpayer’s income records. That helps tax authorities monitor high-value assets and related income.

For U.S. taxpayers, the transaction may have a second layer of reporting. A sale of Indian property can trigger U.S. capital gains reporting, even if tax is also due in India. IRS forms and publications and Publication 901 can help if treaty questions arise.

Why experts still advise quoting PAN below ₹20 lakh

Even if the threshold rises to ₹20 lakh, many tax professionals still advise parties to quote PAN voluntarily for lower-value deals.

There are two reasons.

First, property transactions often lead to later tax questions. A seller may need PAN details for capital gains records. A buyer may need clean documentation for a future sale.

Second, immigrants and nonresidents often face extra paperwork. If you later need to explain the source of funds, acquisition date, or gain calculation, complete records help.

That is especially true if you file U.S. taxes as a resident under the Green Card Test or Substantial Presence Test. In that case, worldwide income generally belongs on your U.S. return. IRS guidance appears in Publication 519 and Publication 17.

? Tax Tip: Even for deals below ₹20 lakh, voluntary PAN quoting can help document ownership history and support future capital gains reporting.

Transition rules and what to do now

There is no final grandfather rule yet because the change is not notified. Until a final notification appears, use this timeline:

Date What it means
March 31, 2026 Draft status only. Current ₹10 lakh rule remains in effect.
April 1, 2026 Proposed effective date, but only if the draft is finalized.
After notification, if issued New threshold would likely apply prospectively, unless the final rule states otherwise.

If you have a property deal in process, take these steps:

  1. Check the transaction value against the current ₹10 lakh threshold.
  2. Confirm local registration practice before execution.
  3. Quote PAN if the deal is above ₹10 lakh unless final rules clearly change the requirement.
  4. Keep valuation and transfer documents for future capital gains work.
  5. If you are a U.S. tax resident, review whether the property affects your U.S. return, foreign asset reporting, or foreign tax credit position.

For tax year 2026 returns filed in 2027, U.S. persons with foreign financial reporting duties should also review FBAR and FATCA rules separately. Property held directly is often treated differently from financial accounts, but related foreign accounts may still be reportable.

If you are buying, selling, gifting, or contributing Indian property to a JDA around April 1, 2026, verify whether the final notification has been issued before registration. Until then, treat the ₹10 lakh rule as the live requirement and document your files carefully.

⚠️ Disclaimer: This article is for informational purposes only and does not constitute tax, legal, or financial advice. Tax situations vary based on individual circumstances. Consult a qualified tax professional or CPA for guidance specific to your situation.

People also ask

Answers from VisaVerge guides
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Read: India Tightens PAN Rules for Financial Transactions, Blocking Property and Investments
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Yes, starting April 1, 2026, resident buyers can use a PAN-based challan process to pay TDS on the purchase of property from an NRI seller without needing TAN registration.

Read: Income-Tax Act, 2025, TDS Rules Move to Section 393 from April 1
When does the new TDS rule for property purchases from NRIs start?

The new TDS rule for property purchases from NRIs starts in August 2025.

Read: Buying Property from an NRI? Buyer Must Deduct TDS—Key Details
What does the Finance Bill 2026 propose for NRIs regarding property transactions?

The bill removes the need to obtain a TAN solely for withholding obligations when a resident individual or HUF buys immovable property from a non-resident seller.

Read: Finance Bill 2026 Adds 12 New Tax Changes for Nris Under Income-Tax Act, 2025
What happens if the seller's PAN is not linked to Aadhaar when buying property in India?

If the seller’s PAN is not linked to Aadhaar, the TDS rate on high-value purchases jumps from 1% to 20%, which can cause delays and additional costs for first-time returnee buyers.

Read: Returning Residents: Legal, Financial Steps to Buy Property in India
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Sai Sankar

Sai Sankar is a law postgraduate with over 30 years of experience across direct and indirect taxation, spanning consultancy, litigation, and policy interpretation. At VisaVerge.com he leads coverage of cross-border finance for immigrants and NRIs — U.S. and state income tax, IRS rules, tariffs and trade duties, foreign-asset reporting, gift and estate tax, and retirement accounts like IRAs and RMDs. Sai's legal acumen turns the tangled intersection of immigration and money into clear, actionable guidance for a global audience.

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