India Entry & Tax Planning for NRIs: Invest, Comply, Grow

TDS on Property Sale by NRI: Rules and Reliefs

Simplifying NRI Property Transactions with Expert Support from NRIAdvisors.in

Selling a property in India as a Non-Resident Indian (NRI) is not just a big financial decision — it’s also a highly regulated one. One of the most misunderstood aspects is TDS (Tax Deducted at Source), which often catches sellers and buyers off guard.

At NRIAdvisors.in, we assist NRIs throughout the entire sale process — from tax planning to repatriation — ensuring that you pay only what’s necessary and stay fully compliant.

Here’s everything you need to know about TDS on property sales by NRIs — and how we help you save more.


1. High TDS Deduction for NRIs: What You Need to Know

When an NRI sells a property in India, the buyer is legally required to deduct TDS before making the payment. Unlike resident sellers (where TDS is 1%), TDS for NRIs is much higher, as it’s based on capital gains tax rates, not sale value.

💼 TDS Rates Applicable:

  • 20% on Long-Term Capital Gains (property held > 2 years)
  • 30% on Short-Term Capital Gains (property held ≤ 2 years)
  • Plus surcharge and cess, which can raise the effective rate up to 23.92% or more

📌 This deduction is made on the total sale consideration, not just the gain — unless exemptions are obtained.


2. We Help You Obtain a Lower TDS Certificate (Form 13)

This is where our expertise makes a huge difference.

In most cases, the actual capital gain is far lower than the sale value — but TDS is still deducted on the full amount. To avoid over-deduction, we help you apply for a Lower TDS Certificate under Section 197.

🔧 Our Services Include:

  • Computing accurate capital gains
  • Filing Form 13 with the Income Tax Department
  • Liaising with the Assessing Officer
  • Obtaining the certificate for reduced or NIL TDS deduction

✅ This ensures that the buyer deducts TDS only on the actual taxable gain, saving you significant cash flow.


3. We Assist the Buyer with 15CA/15CB Compliance

Even though you’re the seller, the buyer of your property must file Form 15CA and Form 15CB before remitting sale proceeds. Failure to comply can delay the transaction or attract penalties.

At NRIAdvisors.in, we coordinate directly with your buyer’s CA or assist them ourselves to:

  • Determine the correct amount for remittance
  • Prepare and file Forms 15CA & 15CB
  • Ensure smooth and legal transfer of funds to your NRO or NRE account

4. Repatriation? We’ll Handle That Too

Once the property is sold, most NRIs want to transfer the money abroad. But repatriating funds from India requires:

  • Proof of property purchase & sale
  • Tax payment evidence
  • Bank and RBI approvals (if over USD 1 million/year)

We prepare your Form 15CA/CB, bank documents, and RBI declarations — and work with banks to ensure that your funds are repatriated quickly and legally.


5. Post-Sale: Tax Filing and Refunds

If excess TDS has already been deducted, don’t worry — we’ll help you recover it.

🎯 Our team:

  • Files your Income Tax Return (ITR) showing actual capital gains
  • Claims refund for excess TDS paid
  • Responds to any tax notices, if raised

💡 Many of our clients recover lakhs of rupees through timely and accurate filings.


🔍 Common Issues We Solve

  • Buyer unsure about TDS responsibilities
  • No PAN card for the seller
  • Sale blocked due to lack of lower TDS certificate
  • Mismatch in sale proceeds and TDS deduction
  • Delays in repatriation due to missing documents

At NRIAdvisors.in, we handle it all — while you relax and focus on your next move.


✅ Why Choose NRIAdvisors.in?

  • 🎓 Specialized in NRI Taxation & Property Transactions
  • 🌐 100% Online Process — No matter where you live
  • 📈 Expert Capital Gains Computation & Tax Planning
  • 🛡️ End-to-End Compliance: TDS, RBI, IT, Repatriation
  • 🤝 Trusted by NRIs in 20+ countries

💬 Selling Property in India as an NRI? Don’t Let TDS Eat Your Profits.

Let our expert team ensure a smooth, tax-optimized transaction. From paperwork to payouts — we handle everything for you.

🌐 Visit www.nriadvisors.in
📞 Speak to a Property Tax Specialist Today