ITR
TDS on property sale by an NRI
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Facts
Buyers deduct TDS on payments to non-residents at the applicable rates, and this appears in your Form 26AS. You claim it in your return, and any excess over your actual tax is refunded.
Provisions and law
- Sec 195 (now Sec 393)TDS on payments to non-residents
- Sec 197 (now Sec 395(1))Lower or nil TDS certificate
Analysis
Buyers often deduct on the full sale price. If the price was ₹90 lakh and TDS was worked out on all of it, but your actual long-term gain was only ₹20 lakh, the tax on the gain (about ₹2.6 lakh at 12.5% plus cess, before any surcharge) is far lower, and you claim the excess as a refund by filing ITR-2. Check that the buyer filed the TDS return and the credit shows in 26AS. A lower TDS certificate before sale could have reduced the deduction.
Conclusion
- Get Form 16A from the buyer
- Check the TDS in 26AS for the right year
- Compute capital gains and tax
- File ITR-2 claiming the TDS and refund
A Savvy can do this for you
Pre-filing reconciliation of AIS, TIS, 26AS and Form 16
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