NRI Property Sale Tax in India

Capital Gains, TDS & Compliance Support by CA Shiwali (South Delhi)

Selling property in India as an NRI is not the same as selling it as a resident.
Most NRIs face excess TDS deduction, blocked funds, or tax notices simply due to lack of proper guidance.

CA Shiwali Dagar provides end-to-end tax support for NRIs selling property in India, ensuring full compliance and maximum legal tax savings.

Why NRI Property Sale Tax Needs Expert Handling

When an NRI sells property in India:

❌ TDS is deducted at much higher rates
❌ Buyer deducts incorrect TDS in most cases
❌ Capital gains exemptions are often missed
❌ Repatriation is delayed due to poor documentation

builder agreement capital gains

One wrong step can block ₹10–50 lakhs unnecessarily.

Capital Gains Tax on Property Sale by NRI

Capital gains tax depends on the holding period:

• Short-Term Capital Gains (STCG)
  Property held for less than 24 months → taxed as per applicable slab rates

• Long-Term Capital Gains (LTCG)
  Property held for more than 24 months → taxed at prescribed rates with indexation benefits (subject to exemptions)

We compute:
✔ Correct holding period
✔ Indexed cost
✔ Actual taxable gain

TDS on Property Sale by NRI (Most Common Problem)

TDS on NRI property sale is mandatory, even if there is no profit.

We help with:

• Correct TDS rate calculation

• Lower / NIL TDS certificate (where eligible)

• Buyer TDS compliance & filings

• Rectification of excess TDS already deducted

👉 This alone can save lakhs immediately.

How NRIs Can Legally Reduce Property Sale Tax

We advise on:

• Capital gains exemption planning

• Timing of sale

• Structuring transactions compliantly

• Documentation required for future scrutiny

All advice is 100% legal and assessment-safe.

Repatriation of Property Sale Proceeds

Repatriation is not automatic.

We assist with:
✔ CA certificates
✔ Tax compliance proof
✔ RBI-compliant documentation
✔ Smooth transfer of funds abroad

Who Should Use This Service?

✔ NRIs selling residential or commercial property
✔ Overseas Indians facing high TDS deductions
✔ NRIs planning to repatriate sale proceeds
✔ Buyers purchasing property from an NRI

Why NRIs Trust CA Shiwali

• ✔ Dedicated NRI property tax expertise

• ✔ South Delhi–based, compliance-first approach

• ✔ Experience with high-value transactions

• ✔ Clear communication & transparent advisory

Your property sale deserves expert tax planning, not assumptions.

Frequently Asked Questions – NRI Property Sale Tax

Is capital gains tax applicable when an NRI sells property in India?

Yes, capital gains tax applies to NRIs selling property in India based on the holding period and applicable exemptions.

What is the TDS rate on property sale by an NRI?

TDS for NRIs is higher than resident sellers and includes surcharge and cess as per income tax rules.

Can excess TDS deducted be refunded?

Yes, excess TDS can be claimed as a refund by filing the income tax return properly.

Is repatriation of sale proceeds taxable?

Repatriation itself is not taxable, but it requires full tax compliance and documentation.

Should an NRI consult a CA before selling property?

Yes, consulting a CA before selling helps reduce tax liability and prevents future notices.

📞 Selling Property in India as an NRI? Speak to a CA First

Before signing the sale deed or accepting buyer TDS terms, get expert advice.

👉 Consult CA Shiwali – NRI Property Sale Tax Specialist
📍 South Delhi
📞 Call / WhatsApp 9266032777 for appointment