Can I sell my house in India from USA?

Asked by: Rolando McClure  |  Last update: July 17, 2023
Score: 4.9/5 (23 votes)

Is it possible to sell property in India if you are a Non Resident Indian (NRI) currently living in the US? The answer is yes, but the real estate process can be cumbersome. Often selling Indian property isn't the hardest part.

How can I sell my property in India from abroad?

The list of documents required by an NRI to sell off the property is as follows:
  1. Passport as an Id proof.
  2. PAN Card to apply for tax exemption certificate after the sale of the property.
  3. Tax returns, if the property yields earnings.
  4. Address proof of India and abroad.
  5. A sale deed as proof of ownership.

Is property sold in India taxable in USA?

India and the US have a double taxation treaty in place. That means you shouldn't need to pay the same taxes twice when you sell your property in India. However, you'll likely still need to report the sale of your property to the IRS even if no tax is due.

Can you sell a house from outside USA?

Can I Sell My House from Overseas? Yes. You can sell your US home while living in another country. However, selling your home while overseas can present some unique challenges—and complications for your expat tax return.

Do I have to pay tax if I sell my house in India?

But there is something which needs your attention, selling off property is liable for tax payment in India. The tax is paid on the sale of all property types except agricultural land. The property seller has to pay two types of taxes while receiving any income from the sale of immovable property.

NRIs Selling Property In India - All that you need to know - By D B Mehta

15 related questions found

How can NRI sell property in India?

An NRI can sell his/her residential or commercial property to either a person residing in India, another NRI or a person of Indian origin (PIO). One can also mortgage the property to an authorised real estate dealer or a financial institution dealing with home loans.

How can I save my tax if I sell my property in India?

As per Section 54EC of the Income Tax Act, an individual or HUF can claim tax exemption from long-term capital gains from house property by way of investing such gains in certain specified bonds within six months from the date of transfer of house property.

Can you sell property in India and bring money to USA?

Prior to transferring funds from India to the US you'll need to complete Form 15CB, and your bank will ask you to provide proof of the source of the money, such as a copy of the property sale agreement.

Do I need to report foreign property to IRS?

Yes, you must report foreign properties on your U.S. tax return just like you would report any owned U.S. property. To do that, you first need to know what type of ownership you have because it affects what tax forms you must file.

How do I sell my house internationally?

Six steps to selling property abroad
  1. Choose the right time to sell. As with any investment, you'll want to sell at a time when you can maximize profits. ...
  2. Work with a real estate agent. ...
  3. Prepare your documents. ...
  4. Wait for someone to make an offer. ...
  5. Sign the sales contract and pay any fees. ...
  6. Report your sale to the IRS.

Do NRI have to pay tax for property sale in India?

An NRI selling a property in India will have to pay tax on capital gains. On long-term capital gains, 20% tax is paid; on short-term capital gains, income tax is levied as per income tax slabs.

Can US citizens own property in India?

If you're a US citizen and hold an OCI (Overseas Citizen of India) card, you'll be able to buy most types of property in India even if you're not living there. Key exceptions include agricultural land and properties, and plantations, which can't be bought by non-residents.

Can OCI card holder sell property in India?

Yes. OCI Cardholder is at parity with Non-Resident Indians (NRIs) towards property transactions. As per FEMA, RBI frames the Directions / Regulations concerning the Acquisition and Transfer of immovable property in India.

Can an NRI sell property in India without visiting India?

Digital India has indeed made our lives easy and this is one of such examples. An NRI can sell property anytime but he or she will need some documents like: Title of the property (which is in the seller's name) Occupation Certificate from the municipal corporation in India.

How to avoid capital gains tax when selling a house in India?

To minimise capital gains tax on propery the tax-payer can either reinvest the proceeds in another property sale or invest them in Capital Gains Bond issued by the National Highway Authority of India and the Rural Electrification Corporation.

What is the best way to sell house in India?

  1. Understand the market and the trends: Before you understand how to sell your property quickly, it is important to take time and analyse the market. ...
  2. Understand the demand in your localities. The price of housing varies from region to region. ...
  3. Sell your property online. ...
  4. Get repairs and renovations done.

Do I have to pay taxes if I sell a house in another country?

So if you owned a home or property in another country, and then sold that home for a profit, you'll need to report the sale just as you would if it were located in the U.S.

Can the IRS see foreign income?

Yes, if you are a U.S. citizen or a resident alien living outside the United States, your worldwide income is subject to U.S. income tax, regardless of where you live. However, you may qualify for certain foreign earned income exclusions and/or foreign income tax credits.

How does IRS track foreign bank account?

Through FATCA, the IRS receives account numbers, balances, names, addresses, and identification numbers of account holders. Americans with foreign accounts must also submit Form 8938 to the IRS in addition to the largely redundant FBAR form.

How much cash can carry to India from USA a US citizen?

There's no limit, however, to how much foreign currency you can bring into India. Although, you will have to declare it if the amount exceeds US$5,000 in notes and coins, or US$10,000 in notes, coins, and traveller's cheques².

How much money can NRI transfer to India?

As of the financial year 2021-2022, the LRS limit for NRIs is INR 2,50,00,000 per financial year. This limit applies to the total amount of funds transferred by an NRI during the financial year, and includes all transfers made for any purpose, including investments, gifts, and personal expenses.

How can I transfer money from USA to India to buy property?

To transfer money from USA to India online, you can avail of the telephonic or wire transfer facility. The Indian bank will have correspondent banks through which such a transfer takes place. If your bank is part of the SWIFT network, the money can also be transferred through SWIFT.

How much is capital gains tax on selling property in India?

Long term capital gains are taxed at 20%. TDS deductible- A buyer is liable to deduct 20% tax deductible at source (TDS), which is increased to 30% in case of long term capital gain. An NRI can be exempt from paying the capital gains tax under Section 54. The exemption is only available if its long term capital gain.

Can I sell my property for cash in India?

No real estate transaction is to take place if the cash amount exceeds Rs 20,000. As per Section 269SS of the Income Tax Act, the seller will be held guilty of taking payment of over Rs 20,000 in cash and must be prepared to pay a 100% penalty fee for it.

How much tax do I pay after selling land in India?

As per Section 112 of the Income Tax Act, LTCG on the sale of immovable property in India is taxable at 20% with an indexation benefit. To take the indexation benefit, the taxpayer can calculate the indexed cost of the acquisition using Cost Inflation Index i.e. CII to compute the long term capital gain.