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NRI Taxation & Property Services

Property sales, remittances and Indian income handled from India, for clients who are not in it.

Selling property in India as an NRI

This is where NRI clients lose the most money, and almost always to the same mistake. When an NRI sells property, the buyer must deduct TDS under Section 195 — and the default rate applies to the entire sale consideration, not to the gain.

On a property bought years ago for a fraction of its current value, the actual capital gains tax is often a small share of that deduction. The excess is recoverable only as a refund, after filing a return, typically many months later.

The fix is a certificate, applied for before the sale

An application under Section 197 for a lower or nil deduction certificate, filed in Form 13, tells the buyer to deduct on the real gain instead. It has to be obtained before the transaction. Once the buyer has deducted and deposited at the full rate, the only route left is a refund claim.

We handle the Form 13 application, the computation supporting it, coordination with the buyer and their accountant, and the eventual return filing.

Remittances: Form 15CA and 15CB

Repatriating funds out of India generally requires Form 15CA from the remitter and, above the prescribed threshold, Form 15CB certified by a Chartered Accountant confirming the tax position on the remittance.

Banks will not process the transfer without them, and they will not tell you in advance which part of your documentation is inadequate. We prepare both, and where the remittance is from a property sale or an inheritance, the supporting trail the bank will ask for.

The rest of the NRI practice

  • Residential status under Section 6, including the deemed residency provisions that catch high-income NRIs who assume they are outside the net
  • DTAA relief — treaty positions, tax residency certificates, and Form 10F
  • ITR filing for Indian-sourced income: rent, capital gains, interest and dividends
  • NRO and NRE account questions, and repatriation limits
  • Inherited property — cost of acquisition of the previous owner, holding period, and the documentation to establish both
Questions

Frequently asked

How much TDS is deducted when an NRI sells property in India?

Under Section 195 the buyer deducts on the entire sale consideration, not on the capital gain, at the rate applicable to long-term or short-term gains plus surcharge and cess. Because it applies to the gross amount, the deduction usually far exceeds the actual tax. A lower deduction certificate under Section 197, applied for before the sale, is what corrects this.

Can I get the excess TDS back?

Yes, by filing an Indian income tax return and claiming the refund, but you will wait — often well past the end of the assessment year. Applying for the Section 197 certificate before the sale avoids the problem instead of remedying it afterwards.

Do I need to file an ITR in India if I am an NRI?

If your Indian-sourced income exceeds the basic exemption limit, yes. You should also file where TDS has been deducted and you want the refund, or where you need to carry forward a capital loss. Many NRIs who owe nothing still need to file to recover what was deducted.

What is Form 15CB and who can sign it?

Form 15CB is a certificate from a Chartered Accountant confirming the taxability of a foreign remittance and the rate applied, including any treaty relief. Only a practising CA can issue it. Banks require it alongside Form 15CA above the prescribed threshold.

Can you handle this if I am not in India?

Yes — most of this practice is conducted remotely. Documents move digitally, and where a physical signature or presence is genuinely required we will tell you early and, where possible, work through a power of attorney.

Talk to a Chartered Accountant

Let's get your compliance in order.

A 20-minute call with CA Natasha Rajvaidya is usually enough to tell you where you stand, what it will cost, and what happens next.