NRI Taxation
Specialized tax advisory for Non-Resident Indians: Capital gains on property sales, Double Taxation Avoidance (DTAA), Lower TDS Certificates, and FEMA compliance.
NRIs selling property in India face a massive TDS of 20% to 30% on the total sale value (not just the capital gains). Navigating Form 13 applications for Lower TDS Certificates, DTAA reliefs under Section 90, and FEMA regulations requires expert NRI tax consultants.
Who Requires This Compliance?
What is Included in Our Service?
- Applying for Lower TDS Certificates (Form 13) on Indian property sales
- Double Taxation Avoidance Agreement (DTAA) consulting and TRC evaluations
- Filing NRI Income Tax Returns (ITR-2/ITR-3) reporting global assets and Indian income
- Setup and management of NRE, NRO, and FCNR bank accounts
- FEMA compliance audits for investments, inward/outward remittances (Form 15CA/15CB)
- Tax planning for returning Indians transitioning back to resident status
Execution Workflow & Timeline
Tax Residency Analysis
Analyze physical stay duration in India to determine exact residency status under domestic tax law and tax treaties.
Lower TDS Application
For property sales, we compile seller and buyer documents to apply for a Lower TDS Certificate under Section 197.
Transaction Support & Filing
Ensure correct TDS deduction by the buyer, verify Form 26AS details, and file the annual NRI tax return.
Repatriation Certification
Prepare Form 15CA and 15CB certifications to facilitate transfer of funds from NRO accounts overseas.
Documents Required Checklist
Prepare these files to ensure immediate review and submission of your cases.
For Property Sale Lower TDS (Form 13)
- PAN Card of Seller (NRI) and Buyer (Resident/Non-Resident)
- Passport copies (all pages showing exit/entry stamps)
- Original Purchase Deed of the property (showing index cost of acquisition)
- Agreement to Sell (signed with the buyer)
- Bank details of NRO Account
For FEMA Repatriation
- Source of funds verification (inheritance deed, bank registers, gift deed)
- TRC (Tax Residency Certificate) from the overseas country
Frequently Asked Questions
Buyers are required to deduct TDS at 20% (plus applicable surcharge and cess) on the gross sale value if the seller is an NRI. To avoid this, NRIs can file Form 13 to request a certificate allowing the buyer to deduct TDS only on the actual capital gains, which reduces the tax burden significantly.
Yes, an NRI can hold both. An NRE (Non-Resident External) account is used for repatriating foreign currency earnings to India, and its interest is tax-free in India. An NRO (Non-Resident Ordinary) account is used to manage Indian income (like rent or pension), and its interest is taxable at 30% plus surcharges.