TDS & Capital Gain Rules for NRI Property Sale in India 2025
✅ Capital Gain & TDS Rules on Sale of Property by NRI (2025 Updated Guide)
When an NRI sells property in India, two key aspects determine the tax outcome: Capital Gain and TDS (Tax Deducted at Source). Understanding these helps avoid excessive tax deductions, ensures compliance, and keeps the transaction smooth.
✅ What Is Capital Gain on Property?
Capital Gain is the profit earned when you sell a property at a price higher than your purchase cost.
Capital Gain Formula:
Capital Gain = Sale Price – Purchase Cost – Improvement Cost – Selling Expenses – Exemptions
✅ Types of Capital Gains
1. Long-Term Capital Gain (LTCG)
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Property held for more than 24 months
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Taxed at 20% after indexation
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Indexation adjusts purchase cost as per inflation, lowering tax liability
2. Short-Term Capital Gain (STCG)
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Property sold within 24 months
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Taxed at income slab rate (typically 30% + surcharge + cess for NRIs)
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No indexation benefit
✅ TDS Rules for NRI Property Sale (Section 195)
When an NRI sells property in India, it is legally mandatory for the buyer to deduct TDS.
✅ Long-Term Property (>24 months)
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TDS on capital gain
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Rate: 20% + surcharge + cess
✅ Short-Term Property (<24 months)
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TDS on full sale value
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Rate: Slab rate (~30% + surcharge + cess)
✅ Lower/NIL TDS Certificate
NRIs can apply for Form 13 to reduce TDS to 1–2% or even NIL, depending on actual capital gain.
✅ Repatriation of Sale Proceeds
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Up to USD 1 million per financial year can be repatriated
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Through NRO account
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Supported by Form 15CA & 15CB
✅ Combined Table: Capital Gain & TDS Rules for NRIs
| Topic | Details |
|---|---|
| Capital Gain Definition | Profit when selling price exceeds purchase cost |
| Capital Gain Formula | Sale Price – Cost – Improvements – Expenses – Exemptions |
| LTCG Holding Period | More than 24 months |
| LTCG Tax Rate | 20% + surcharge + cess (indexation applicable) |
| STCG Holding Period | Less than 24 months |
| STCG Tax Rate | Slab rate (~30% + surcharge + cess) |
| TDS Section | Section 195 |
| TDS on LTCG | On capital gain @ 20% + surcharge + cess |
| TDS on STCG | On full sale value @ slab rate |
| Lower TDS Certificate | Apply via Form 13 |
| Buyer Compliance | Deduct TDS, deposit to govt, Form 27Q, issue Form 16A |
| Repatriation Limit | USD 1 million per year |
| Repatriation Forms | 15CA & 15CB |
| NRI Exemptions | Sections 54, 54EC, 54F |
✅ Our Professional Expertise
As a professional property brokering consultant with decades of experience in NRI property transactions, I ensure complete guidance, tax clarity, documentation assistance, and smooth coordination so that the entire sale process becomes transparent, efficient, and hassle-free.
✅ Our Services
✅ Smooth sale & purchase transactions
✅ Guidance on TDS, capital gains, Form 13 & repatriation
✅ High-ticket residential & commercial properties across Pune & Mumbai
✅ Genuine buyer & seller matchmaking
✅ Complete end-to-end documentation support
📞 Contact: 9822052388
Deepak Sundrani – Real Estate Consultant
Premium Property Advisory for NRIs & HNI Clients
⚠️ Disclaimer
The above information is general in nature. Every NRI property sale and tax situation differs. Please consult a qualified Chartered Accountant or legal advisor for advice specific to your actual case.



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