Answer

ITR

NRI selling property in India

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  1. 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.

  2. 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.
  3. 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.

  4. Conclusion

    1. Compute the expected gain.
    2. Apply for a lower TDS certificate if needed.
    3. Make sure the buyer issues the TDS certificate.
    4. Report the sale in ITR-2 and claim any exemption.

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