CA Shiwali provides specialised tax advisory and compliance services for Non-Resident Indians (NRIs) dealing with income, property sales, and investments in India.
If you are an NRI facing confusion around capital gains tax, high TDS, or repatriation of funds, timely professional advice can save you lakhs of rupees and future litigation.
An individual is treated as an NRI under Indian Income Tax Act based on physical presence in India during the financial year.
This classification directly impacts:
Taxability of income in India
TDS rates on property sale
Filing requirements
Repatriation permissions
Important: Residential status is determined every year and is often misunderstood.
NRIs commonly approach us for help with:
❌ Excessive TDS deducted on property sale
❌ Capital gains tax confusion
❌ Buyer deducting TDS at 20–30% without guidance
❌ Delay or rejection in lower TDS certificate
❌ Problems repatriating sale proceeds abroad
❌ Missed deadlines and penalties
These issues usually arise due to lack of advance planning.
When an NRI sells property in India:
Capital gains tax applies (short-term or long-term)
TDS is mandatory, deducted by the buyer
TDS rate is much higher than for residents
Relief is possible only with correct planning
Without professional assistance:
Buyers deduct high TDS → NRIs struggle for refund → funds get blocked for years.
A professional CA assists NRIs by:
Determining correct capital gains
Applying Section 54 / 54EC exemptions
Advising on lower deduction certificate
Coordinating with buyer for correct TDS
Ensuring compliance with timelines
Avoiding notices and future disputes
Tax planning must be done BEFORE the sale deed is executed.
Unlike resident sellers:
TDS for NRIs is deducted at 20%+ (plus surcharge & cess)
Buyer becomes legally responsible
Mistakes attract penalties for both parties
We help both:
NRI sellers
Resident buyers purchasing from NRIs
This avoids unnecessary tax blockage.
After selling property, NRIs often want to:
Transfer funds outside India
Use proceeds for overseas investments
Close Indian holdings
Repatriation involves:
RBI regulations
Bank documentation
Tax compliance proofs
Improper documentation can delay transfers for months.
✔ Experience with property & capital gains
✔ Clear communication (WhatsApp & email friendly)
✔ Practical, compliant tax planning
✔ Focus on pre-sale advice, not damage control
✔ Support for both seller and buyer coordination
We understand that NRIs need clarity, not complexity.
NRI Property Sale Tax Planning
Capital Gains Computation & Exemptions
TDS on Property Sale by NRI
Lower Deduction Certificate Assistance
Income Tax Return Filing for NRIs
Repatriation of Funds Advisory
Most NRI tax issues are avoidable with early advice.
Once deadlines are missed, options become limited.
A short consultation before selling property can save years of follow-up later.
Frequently Asked Questions (NRIs)
Who is considered an NRI under Indian income tax law?
An individual is treated as a Non-Resident Indian based on the number of days stayed in India during a financial year, as defined under the Income Tax Act.
Is capital gains tax applicable when an NRI sells property in India?
Yes, capital gains tax is applicable when an NRI sells property in India. The tax treatment depends on the holding period of the property and the availability of eligible exemptions.
What is the TDS rate on property sale by an NRI?
TDS on property sale by an NRI is deducted at higher rates compared to resident sellers and includes applicable surcharge and cess as per income tax rules.
Can NRIs reduce capital gains tax legally?
Yes, NRIs can legally reduce capital gains tax through proper planning, such as reinvestment exemptions and compliance with prescribed timelines.
Is repatriation of property sale proceeds taxable?
Repatriation itself is not taxed separately, but it requires proof of tax compliance and adherence to RBI regulations.
If you are:
Planning to sell property in India
Confused about TDS or capital gains
Facing difficulty repatriating funds
👉 Talk to a CA experienced in NRI taxation before taking action.
📞 Call | 💬 WhatsApp 9266032777 | 📩 Email
Information provided is for general guidance. Tax outcomes depend on individual facts and applicable law. Client details are kept confidential.
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