What is the NRI tax on selling property in India?

Asked by: Whitney Klein Jr.  |  Last update: November 24, 2025
Score: 4.3/5 (24 votes)

What is the TDS on sale of property by NRI in India? As an NRI, if you sell a property in India, the buyer deducts 20% as Tax Deducted at Source (TDS) as Long Term Capital Gains Tax for properties sold after two years. For properties sold before 2 years, the TDS rate is 30%, deducted as Short Term Capital Gains Tax.

What happens when a US citizen sells property in India?

If you're a US citizen or Green Card holder and you sell property in India, you must report the sale to the IRS under capital gains. The US taxes your worldwide income, which means that any taxable event, like selling property, has to be reported to the IRS, even if it happened in India.

How much tax do I pay when I sell my property in India?

In India, the Long Term Capital Gains (LTCG) tax rate on the profit earned from the sale of a property is 20%, which the seller is required to pay.

Do NRI have to pay property tax in India?

Tax Implications on Purchase of Property by NRI

If an NRI procures an immovable property from a resident, TDS must be deducted at a rate of 1% if the sale consideration exceeds ₹50 lakh.

What is the new rule for NRI in India?

The income tax provisions for NRIs are not subject to age, gender, or any other specification. Therefore, you will have to pay the necessary tax for the income earned in India beyond ₹2.5 lakhs.

Tax Benefits for NRIs on the Sale of Property in India | Groww NRI

20 related questions found

Is NRI taxed in India in 2024?

NRIs must file tax returns in India if their total annual income exceeds Rs 2.5 lakh under the old regime or Rs 3 lakh under the new regime. Tax slabs under the old tax regime (FY 2024-25): No tax is payable on income up to Rs 2.5 lakh. For income between Rs 2.5 lakh and Rs 5 lakh, a 5% tax applies.

What is the tax if NRI sells property in India?

What is the TDS on sale of property by NRI in India? As an NRI, if you sell a property in India, the buyer deducts 20% as Tax Deducted at Source (TDS) as Long Term Capital Gains Tax for properties sold after two years. For properties sold before 2 years, the TDS rate is 30%, deducted as Short Term Capital Gains Tax.

How to avoid tax on property sale in India?

Strategies to Save Capital Gains Tax on Property Sales
  1. Joint Ownership. ...
  2. Reducing Selling Expenses. ...
  3. Holding Period. ...
  4. Availing Indexation Benefit. ...
  5. Buying a New Property (Exemption under Sec 54) ...
  6. Buying a New Residential Property (Exemption under Sec 54F) ...
  7. Tax Loss Harvesting. ...
  8. Investing in Bonds (Exemption under Sec 54EC)

How to avoid TDS on sale of property by NRI online?

How Can NRI Reduce TDS Amount on Sale of Property?
  1. Apply in Form 13: Submit Form 13 to the Income Tax Department to request a lower deduction certificate.
  2. Assess Tax Liability: The income tax officer assesses the NRI's tax liability and issues the certificate at the applicable lower TDS rate.

Do senior citizens have to pay capital gains tax in India?

The base exemption limit for capital gains tax has been elevated to Rs 3 lakh for senior citizens and Rs 5 lakh for super senior citizens. Investments yielding returns over an extended period, specifically a minimum of one to three years, are categorised as long-term capital gains (LTCG).

Can I sell my house and buy another without paying capital gains?

You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. In addition, the 1031 like-kind exchange allows investors to defer taxes when they reinvest the proceeds from the sale of an investment property into another investment property.

How to avoid capital gains tax on inherited property in India?

Avoid Capital Gains Tax through Will Inheritance

There is no tax on property received through inheritance. By planning the transfer of property through a will, individuals can avoid immediate capital gains tax liabilities, as tax is only applicable upon the sale of the property.

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

NRIs are allowed to repatriate or bring their sale proceeds of property sold in India to the US. However, the limit to the amount brought from India is $1 million per calendar year, including all other capital account transactions.

How to sell property in India as NRI?

An NRI or OCI who has acquired immovable property in India in accordance with the foreign exchange laws in force at that time can sell such property to an Indian resident, provided: The transaction takes place through banking channels in India; and. Indian resident is not otherwise prohibited from such acquisition.

Is sale of property considered income in India?

Capital gains on the sale or transfer of a property in India refer to the profit an individual makes upon selling it a property at a price higher than its purchase cost. This profit is considered income and is subject to tax on the sale of property under the Income Tax Act.

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

Tax: Long-term capital gains on sale of house property are taxed at 20%. For a net capital gain of Rs 63, 00,000, the total tax outgo will be Rs.12,97,800.

Do I have to pay capital gains tax immediately?

Do I Have to Pay Capital Gains Taxes Immediately? You must pay the capital gains tax after you sell an asset in most cases. The IRS may require quarterly estimated tax payments in some cases.

How to avoid tax on sale of inherited property?

Here are five ways to avoid paying capital gains tax on inherited property.
  1. Sell the inherited property quickly. ...
  2. Make the inherited property your primary residence. ...
  3. Rent the inherited property. ...
  4. Disclaim the inherited property. ...
  5. Deduct selling expenses from capital gains.

What is the new NRI rule in India?

NRIs are mainly Indian citizens residing abroad and persons of Indian origin who visit India for less than 182 days in the whole financial year. But as per new income tax rules, the government reduced the tenure from 182 days to 120 days for all those NRIs whose annual income exceeds Rs 15 Lakhs.

Can NRI sell property in India without an OCI card?

Passport: An NRI, who want to sell a property in India, should hold a passport; not necessarily an Indian passport. This will serve as the identity proof of the person, involved in the transaction. For an Overseas Citizen of India (OCI) and a Person of Indian Origin (PIO), a passport serves the same purpose.

Can an NRI inherit property in India?

A Non-Resident Indian (NRI), can inherit immovable property in India in two ways: Valid Will, i.e., testamentary succession; or. Laws of intestate succession i.e., when a person passes away without writing a valid Will and the property is inherited as per the relevant succession laws in India.

What is the tax rate for NRI selling property in India?

When an NRI sells property in India, the buyer is liable to deduct TDS @ 20%. If the property is sold before completion of 2 years from the date of purchase, the buyer is liable to deduct TDS @ 30%.

Does OCI pay tax in India?

Taxation of OCIs

If an OCI is classified as a resident under these criteria, their global income will be taxed in India. “Any earnings, regardless of location, will be subject to Indian income tax," says Pallav Pradyumn Narang, partner, CNK. If classified as a non-resident, their taxation is different.

How much money NRI can keep in India?

As per NRI Foreign Currency Rules in India NRIs can carry up to US $5,000 in cash and US $10,000, including cash, traveler's cheque, etc. Anything above this limit must be declared before the customs department upon arrival. If the cash is in Indian currency, then only up to Rs 25,000 is allowed.