ITR
NRI claiming excess capital gains TDS through ITR-2
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Facts
Buyers deduct tax under Sec 195 on payments to NRIs, often on a high base. If your actual tax on the gain is lower, filing ITR-2 gets the excess refunded. NRIs do not fill Schedule FA.
Provisions and law
- Sec 195 (now Sec 393)Tax must be deducted on payments to non-residents, including sale proceeds
- Sec 112 (now Sec 197)Other long-term gains at 12.5% without indexation; resident individuals and HUFs may choose 20% with indexation for land or building bought before 23 July 2024
- Sec 54 (now Sec 82)Long-term gain on a house is exempt if invested in another house in India within the time allowed
Analysis
If the buyer deducted ₹15 lakh but your gain after indexation or Sec 54 investment gives tax of ₹6 lakh, the ₹9 lakh excess is refunded after processing. Report the sale in Schedule CG, claim TDS from Form 26AS, and give an Indian bank account that is validated for refunds. NRIs cannot use the basic exemption limit against special rate gains. A lower TDS certificate before the next sale can avoid this.
Conclusion
- Get Form 16A from the buyer and check Form 26AS.
- Compute the actual capital gain and tax.
- File ITR-2 with the sale and TDS credit.
- Validate an Indian bank account for the refund.
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