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NRI Property Sale

Selling Property in India as an NRI: TDS, Capital Gains and Repatriation

Last updated: 2 October 2026

Selling a flat or plot in India while living abroad? The buyer must deduct TDS — often on the full sale price — unless you obtain a lower-deduction certificate. Our team handles the certificate, the capital gains computation and the remittance of the sale proceeds to your overseas account.

Overview

How TDS works when an NRI sells property in India

When the seller is a non-resident, the buyer must deduct tax at source (TDS) before paying the sale price, under section 393 of the Income-tax Act, 2025 (earlier section 195). Unlike a sale by a resident, TDS is worked out on the full sale price, not on your actual gain — so the amount held back is often far more than the tax you finally owe.

For property held for more than 24 months, the long-term capital gains rate is 12.5% plus surcharge and cess — roughly 13% to 14.95% of the sale price, depending on the amount. Property held for 24 months or less is taxed at slab rates, and TDS is usually deducted at 30% plus surcharge and cess.

To avoid excess TDS, the NRI seller can apply for a lower or nil deduction certificate (Form 128, earlier Form 13) before the sale is completed. The buyer then deducts tax at the rate in the certificate.

Based on the Income-tax Act, 2025, in force from 1 April 2026. Last updated: 27 September 2026.

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What This Service Covers

What our NRI property sale service covers

1

Capital gains computation before the sale — holding period, cost and exemptions

2

Lower or nil TDS certificate application (Form 128) on the TRACES portal

3

Guidance for the buyer on TAN, TDS deduction and the quarterly TDS statement

4

Form 145 filing, with Form 146 issued by an independent Chartered Accountant

5

Repatriation of sale proceeds and your income tax return for the year

Key facts for NRI sellers

Full price

The buyer deducts TDS on the full sale price, not the gain, unless a lower certificate is issued

24 months

Holding period after which the gain on property is long-term

12.5%

Long-term capital gains rate on property, plus surcharge and cess; no indexation for NRIs

Form 128

Lower or nil TDS certificate application (earlier Form 13), filed online before the sale

Buyer’s TAN

The buyer needs a TAN to deduct and deposit TDS on a payment to an NRI

Form 145 / 146

Needed to remit the sale proceeds abroad (earlier Form 15CA / 15CB)

Common Issues

Where NRI property sales commonly go wrong

Most problems surface at the registry or at the bank, when they are hardest to fix. These are the usual ones.

No lower TDS certificate

Without Form 128 approved before the sale, the buyer deducts TDS on the full price and your money stays blocked until the refund.

Buyer without TAN

A buyer with no TAN, or who deducts at the resident rate, creates defaults for both sides and holds up the remittance.

Sale proceeds stuck

Remittance is delayed when Form 145 / 146, the sale deed or proof of purchase funds are not ready for the bank.

Related Services

Related NRI services

A property sale usually leads to a tax return, a remittance and sometimes a treaty claim.

NRI ITR Filing

File the return for the year of sale and claim back excess TDS.

Fund Repatriation

Send the sale proceeds abroad within RBI limits.

DTAA Relief

Claim credit for the Indian tax in your country of residence.

Inherited Property

Selling property you inherited? Start with succession and title.

Documents Required

Documents we need from you

Property Documents

Seller & Buyer Details

Our Process

How we handle your property sale

1

Gain estimate

We work out the expected capital gain and tax from your purchase and sale details.

2

Form 128

We prepare and file the lower or nil TDS certificate application and follow up with the tax officer.

3

Buyer guidance

We share the certificate with the buyer and explain the TDS deduction and deposit.

4

Sale completion

The buyer deducts TDS at the certificate rate and pays the balance into your NRO account.

5

Forms 145 & 146

Form 146 is issued by an independent Chartered Accountant; Form 145 is filed for the remittance.

6

Return & remittance

We file your income tax return for the year and coordinate the transfer of the proceeds abroad.

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After the Sale

After the sale: tax, refund and remittance

For tax purposes, the sale is complete only once the return is filed and the money has reached you.

File your return

Report the capital gain in your Indian return for the year and claim credit for the TDS.

Claim the refund

If TDS was more than the actual tax, the excess is refunded to your Indian bank account.

Reinvestment relief

Tax on long-term gains can be reduced by reinvesting in a residential house in India or in specified bonds, within set time limits.

Remittance limits

Proceeds can be sent abroad within RBI limits — see our fund repatriation service.

Get in Touch

Share your query and our team will reply during business hours.






    FAQs

    Frequently Asked Questions

    How much TDS does a buyer deduct when buying property from an NRI?

    For a long-term sale (held more than 24 months), TDS is 12.5% plus surcharge and cess — roughly 13% to 14.95% — on the full sale price, unless the seller has a lower deduction certificate. For a short-term sale, TDS is usually 30% plus surcharge and cess.

    By applying for a lower or nil deduction certificate in Form 128 (earlier Form 13) before the sale. The tax officer sets a rate based on the estimated gain, and the buyer deducts TDS at that rate. Processing commonly takes a few weeks, so apply early.

    Yes, under the current rules the buyer must obtain a TAN to deduct and deposit TDS on a payment to a non-resident, and file the quarterly TDS statement. Check the rule in force at the time of your sale, as changes for individual buyers have been proposed.

    From 1 April 2026, Form 15CA is replaced by Form 145 and Form 15CB by Form 146, which is issued by a Chartered Accountant.

    If the property was bought with foreign exchange, the amount paid in foreign exchange can be repatriated, for up to two residential properties. Other proceeds fall under the USD 1 million per financial year limit from your NRO account.

    About Expertvuw

    Who handles your property sale

    CS Chetna Shoor, Company Secretary and Director, Expertvuw

    CS Chetna Shoor

    ACS – Director, Expertvuw Management Pvt Ltd

    Property sale cases are handled by Expertvuw’s team. Form 146 and any other certificate required by law are issued by an independent Chartered Accountant engaged for your case.

    Expertvuw Management Pvt Ltd