ITR
NRI selling property in India
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Facts
Long-term gains on property sold after 23 July 2024 are taxed at 12.5% without indexation for non-residents. The buyer must deduct TDS on the payment, and you file ITR-2 to settle the final tax.
Provisions and law
- Sec 112, Income-tax Act 1961 (now Sec 197, Income-tax Act 2025)Long-term capital gains on other assets taxed at the special rate.
- Sec 195, Income-tax Act 1961 (now Sec 393, Income-tax Act 2025)Tax is deducted on payments to non-residents at the rates in force.
- Sec 197, Income-tax Act 1961 (now Sec 395(1), Income-tax Act 2025)Lower or nil TDS certificate on application.
Analysis
Buyers often deduct TDS on the whole sale price, which can far exceed the actual tax. You can apply for a lower TDS certificate in Form 13 (now Form 128) before the sale. Otherwise, claim the excess back in ITR-2. Exemptions like Sec 54 or 54EC can reduce the gain if conditions are met.
Conclusion
- Compute the expected gain.
- Apply for a lower TDS certificate if needed.
- Make sure the buyer issues the TDS certificate.
- Report the sale in ITR-2 and claim any exemption.
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