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NRI Tax answer

What TDS applies when an NRI sells property in India?

The buyer must deduct TDS before paying an NRI seller: 12.5% plus surcharge and 4% cess if the property was held for more than 24 months, or 30% plus surcharge and cess if held for 24 months or less. Buyers usually deduct it on the full sale price, so NRIs often apply for a lower or nil deduction certificate — Form 128 from 1 April 2026 (formerly Form 13) — before the sale.
Last reviewed: 2026-10-08•Category: NRI Tax
Detailed answer

No indexation for NRIs: for transfers on or after 23 July 2024, an NRI's long-term gain on property is taxed at 12.5% without indexation. The option of 20% with indexation for property bought before that date is available only to resident individuals and HUFs.

Buyer's side: the buyer needs a TAN, deposits the TDS and files the non-resident TDS return (Form 144 from 1 April 2026, formerly Form 27Q). Form 26QB is only for purchases from residents.

Seller's side: file an ITR (usually ITR-2) to report the gain, claim exemptions such as Section 54 or 54EC, and get any excess TDS refunded.

Repatriation: sale proceeds in an NRO account can be remitted abroad up to USD 1 million per financial year, with Forms 145 and 146 (formerly 15CA and 15CB) for remittances from 1 April 2026.

Indus Tax computes the gain, prepares the lower-deduction certificate application, files the return and handles the repatriation forms.

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