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How to Avoid Double Taxation on Property Sale in India for NRIs (2026 Guide)

Avoid double taxation on NRI property sale in India explained by CA Shiwali

How to Avoid Double Taxation on Property Sale in India for NRIs (2026 Guide)

❓ What is Double Taxation?

Double taxation means:
👉 Paying tax in India + foreign country on same income


⚖️ How NRIs Avoid Double Taxation

👉 Through Double Taxation Avoidance Agreement (DTAA)

India has DTAA with:

  • USA

  • UK

  • Canada

  • UAE

  • Australia
    (and many more)


📊 How DTAA Works .

👉 Step-by-step:

  1. Property sold in India → tax paid in India

  2. Same income declared abroad

  3. Foreign country gives tax credit

✔ Result → No double taxation


📌 Example 

  • NRI sells property in India

  • Pays ₹10 lakh tax in India

  • Foreign country tax = ₹12 lakh

👉 You only pay ₹2 lakh extra abroad
👉 NOT ₹12 lakh again


🧾 Key Methods to Avoid Double Tax

1️⃣ Foreign Tax Credit (FTC)

👉 Claim credit of tax paid in India


2️⃣ DTAA Benefits

👉 Apply treaty provisions properly


3️⃣ Proper Tax Filing

  • File return in India

  • File return abroad

  • Disclose correctly


4️⃣ Lower TDS Certificate 

👉 Apply under Section 197 to reduce TDS

👉 ( page here – Low TDS Certificate)


⚠️ Common Mistakes NRIs Make

  • Not claiming DTAA

  • Paying full tax in both countries

  • Ignoring foreign filing

  • Not applying for lower TDS


🚨 Why This Matters

Without planning:
👉 You may block 20–30% extra money unnecessarily


NRI Selling Property in India? Avoid Paying Extra Tax

✔ DTAA planning
✔ Lower TDS certificate
✔ Capital gains calculation
✔ End-to-end compliance

📞 Call: +91 9266032777
💬 WhatsApp for quick consultation


❓ FAQs 

1. Do NRIs pay tax in both India and abroad?

Yes, but DTAA helps avoid double taxation.


2. What is DTAA?

DTAA is a treaty that prevents double taxation between countries.


3. Can I claim tax credit abroad?

Yes, for tax paid in India.


4. Is TDS refundable for NRIs?

Yes, if excess tax is deducted.


5. Do I need to file returns in both countries?

Yes, in most cases.


 

🔥More Info.

Link here :


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NRI Tax Experts • CA Shiwali

Avoid Double Taxation on Your Property Sale

Selling property in India while living abroad? Get expert help with DTAA, foreign tax credit & lower TDS to legally minimize your tax burden.

✔ DTAA Planning   •   ✔ Lower TDS Certificate   •   ✔ NRI Tax Filing Support
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