A Guide to NRI: Selling Property in INDIA
If you’re a Non-Resident Indian (NRI) looking to sell property in India, you’ll need to understand the basics of real estate transactions and taxes. This guide is here to make things easier for you, focusing on Tax Deducted at Source (TDS) and its impact on your taxes. We’ll break down TDS, understand capital gains, talk about Lower TDS Certificates, and explore exemptions and deductions under Sections 54 and 54F of the Income Tax Act. As an NRI, it’s important to know these details to make smart choices and follow Indian income tax rules.
When an NRI sells property, the buyer will deduct a certain amount of income tax, known as Tax Deducted at Source (TDS), from the payment. This is done at a fixed rate of 20%. If the capital gains are lower, the TDS rate matches the actual gains rate, which affects your overall tax liability. The buyer is responsible for ensuring TDS compliance.
Capital gains are a key factor in tax implications. These are calculated by subtracting the cost of buying the property from the selling price. These gains determine the TDS. For NRIs, long-term gains are taxed at a fixed 20%, while short-term gains are taxed based on the total income tax slab rates in India. Understanding this calculation is important for NRI property transactions.
The Lower TDS Certificate is a document issued by the Income Tax Department that allows NRIs to receive income at a reduced TDS rate. This certificate can help minimise TDS deductions. To get this certificate, you’ll need to make a case to the tax authorities, explaining why a lower deduction rate should be allowed. Key factors considered include the nature of the property, how long you’ve owned it, and other relevant details. Getting this certificate can significantly affect your overall tax situation.
Given the complex nature of TDS regulations and tax exemptions, it’s advisable for NRIs to seek professional guidance from tax experts. Compliance with Indian tax laws is crucial to avoid financial setbacks and penalties. Professional advice can be invaluable in navigating this complex area and making informed decisions that align with regulatory requirements.
Selling property in India as an NRI requires careful consideration. We at FSKINDIA.COM can help you in a very easy and convenient manner to help you sell or buy any property in India.
Any person who have lived more than 182 days or more in a Financial Year, outside India is considered as NRI.
Need help in NRI related Income Tax Queries? Call us on +91-175-5031685 or fill out this basic information we will reach out to you.
If you are selling a property after holding it for more than 2 Years then Tax rate will be @ 20% (Long term Capital Gain)
If you are selling property before 2 Years then it will Short Term as per Tax Slab of your Income in India.
As the name suggest TDS- Tax Deducted at Source . In India the buyer of property will deduct a fixed amount from the amount payable to you in the name of Tax, the buyer of property then deposit such deducted amount of Tax to the Income Tax department as TDS.
In India , the buyer is required to deduct 20% TDS out of the amount payable to NRI on selling the property in INDIA. If a NRI wants the TDS rate to be lower than 20%. NRI can apply for the lower Tax Deduction Certificate to the Assessing Officer of Income Tax Department in India.
Need help in applying for the Lower Tax Deduction Certificate?, Call us on 0175-5031685 or fill out this form we will reach out to you.
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In most of the cases Yes, The buyer deducts TDS AT 20% OF Sale Value and the Tax is Payable on the Profit earned on Sale of property. So the excess amount deducted by the Buyer will be refunded to your Bank Account.
Amount of Sale TDS deducted @ 20% Tax Payable on Profit Whether Refund of TDS possible? How Much Refund I will Get?
Amount of Sale | TDS deducted @ 20% | Tax Payable on Profit | Whether Refund of TDS possible? | How Much Refund I will Get? |
1,00,00,000/- | 20,00,000/- | 8,50,000/- | Yes | 11,50,000/- |
80,00,000/- | 16,00,0000/- | 3,40,000/- | Yes | 12,60,000/ |
5,00,00,000/- | 1,00,00,000/- | 1,20,00,000/- (Due to Tax on Other Income) | No | NIL |