What is Form 13 and how do I apply for a lower TDS certificate?

Short answerForm 13 was the application under section 197 of the Income-tax Act 1961 for a certificate letting your buyer deduct TDS at a lower or nil rate — matched to the tax on your actual gain, not the full sale price. From 1 April 2026 it is Form 128 under section 395(1) of the Income-tax Act 2025, read with Rule 213 of the Income-tax Rules 2026. The mechanics are unchanged: you file online on TRACES before the sale, the TDS Assessing Officer checks your computation, and the certificate names the buyer it covers.

What the certificate changes

A buyer paying a non-resident must deduct TDS on the whole sale consideration — under section 195 for payments up to 31 March 2026, under section 393(2) of the 2025 Act after that — at 12.5% plus surcharge and cess for a long-term gain: an effective 13% to 14.95%. Your tax is only on the gain. A certificate closes the gap: on a ₹2-crore sale with a ₹30-lakh gain, TDS falls from about ₹29.9 lakh to about ₹3.9 lakh — roughly ₹26 lakh that stays with you instead of waiting a year for a refund.

How the application runs

Log in to TRACES with your PAN and file Form 128 (Form 13 for applications made before 1 April 2026) — the department’s path is Dashboard → e-file and view → File Forms. The form asks for your estimated income and tax computation, the payer’s details including the buyer’s TAN where the buyer has one, and returns for the last four years where filed; you then e-verify and submit. The TDS Assessing Officer — International Taxation, for non-residents — may raise a query before issuing the certificate, which your buyer can verify on TRACES.

Sequencing and the fine print

The certificate is specific: it names the deductor, covers the amount and period it states, and protects only payments made after it is issued — an advance paid earlier suffers full TDS. A new buyer means a fresh application, and each co-owner applies for their own share. Certificates already issued under the 1961 Act stay valid for the period they state. Allow a few weeks for processing and file as soon as a buyer is in sight; our NRI property-sale practice runs the certificate, the buyer’s filing and the repatriation as one sequence.

Talk to CA Vijay R Singh

Buyer lined up and want TDS matched to your real gain? You can message him directly, or book a short call to talk through your situation.

★ 4.8 · 333 Google reviews · FRN 136869W · In practice since 2013

This answer is general information, not professional advice. Tax rates, thresholds and forms change with each Finance Act — please confirm the current position for your own facts, or speak to us, before acting.

© 2026 Vijay R Singh & Co., Chartered Accountants · FRN 136869W · ICAI M.No. 153926 · Practising since 2013

Privacy · Mumbai IST

Book a Call