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)

  • Property held for more than 24 months

  • Taxed at 20% after indexation

  • Indexation adjusts purchase cost as per inflation, lowering tax liability

2. Short-Term Capital Gain (STCG)

  • Property sold within 24 months

  • Taxed at income slab rate (typically 30% + surcharge + cess for NRIs)

  • 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)

  • TDS on capital gain

  • Rate: 20% + surcharge + cess

Short-Term Property (<24 months)

  • TDS on full sale value

  • 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

  • Up to USD 1 million per financial year can be repatriated

  • Through NRO account

  • Supported by Form 15CA & 15CB


Combined Table: Capital Gain & TDS Rules for NRIs

TopicDetails
Capital Gain DefinitionProfit when selling price exceeds purchase cost
Capital Gain FormulaSale Price – Cost – Improvements – Expenses – Exemptions
LTCG Holding PeriodMore than 24 months
LTCG Tax Rate20% + surcharge + cess (indexation applicable)
STCG Holding PeriodLess than 24 months
STCG Tax RateSlab rate (~30% + surcharge + cess)
TDS SectionSection 195
TDS on LTCGOn capital gain @ 20% + surcharge + cess
TDS on STCGOn full sale value @ slab rate
Lower TDS CertificateApply via Form 13
Buyer ComplianceDeduct TDS, deposit to govt, Form 27Q, issue Form 16A
Repatriation LimitUSD 1 million per year
Repatriation Forms15CA & 15CB
NRI ExemptionsSections 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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