SNAP Realty
Selling as an NRI

Selling Property in Bangalore as an NRI: TDS Explained

When an NRI sells property in India, the buyer must deduct TDS on the full sale value at a different rate than a resident-to-resident sale — with no minimum threshold. A lower or nil deduction certificate from your CA can reduce that upfront deduction, and proceeds are repatriated abroad through an NRO account within RBI limits.

The basics

Why NRI-seller TDS works differently

When you buy property from a resident Indian seller, TDS only applies above a set sale-value threshold. That threshold does not apply when the seller is an NRI — the buyer must deduct TDS on the full consideration, regardless of the sale value.

To be confirmed — the exact current TDS rate, the section number it falls under (recent tax-law changes have renumbered and revised several NRI-related provisions), and any surcharge/cess that applies on top — confirm these with your CA before your transaction.

Reducing the deduction

How a lower deduction certificate works

If the default TDS rate would deduct far more than your actual tax liability on the sale (for example, if your gains are modest relative to the sale price), your CA can apply to the Income Tax Department for a certificate authorising the buyer to deduct at a lower rate — or, in qualifying cases, not at all.

This has to be applied for and issued before the sale completes, and typically needs documents such as your PAN, property purchase records, a computation of expected capital gains, and identity/NRI-status proof. Your CA will confirm the exact document list for your case.

After the sale

Repatriating your proceeds

Sale proceeds are usually credited to an NRO (Non-Resident Ordinary) account first. From there, repatriation abroad is permitted subject to an overall annual ceiling and CA-certified forms confirming taxes have been paid or provided for.

To be confirmed — the current repatriation ceiling and the specific certification forms required — these are set by RBI/FEMA and should be confirmed with your CA before you rely on a figure.

Start to finish

The full sequence for an NRI sale

  1. 01Confirm your NRI status and the property's ownership history with your CA.
  2. 02Get the property valued and agree a sale price.
  3. 03Decide, with your CA, whether to apply for a lower or nil TDS deduction certificate before the sale.
  4. 04Shortlist a buyer and negotiate terms.
  5. 05Draft the Sale Agreement — your advocate reviews it before anyone signs.
  6. 06Set up or confirm Power of Attorney arrangements if you won't be present for signing.
  7. 07Buyer deducts TDS at the applicable rate (or the lower rate on your certificate) and deposits it with the tax department.
  8. 08Execute and register the Sale Deed.
  9. 09Buyer issues a TDS certificate (Form 16A) for the amount deducted.
  10. 10Your CA files the capital gains computation and repatriation forms (15CA/15CB) as applicable.
  11. 11Proceeds are transferred to your NRO account and repatriated abroad within RBI/FEMA limits.
Who does what

What SNAP Realty does — and doesn't — handle

We handleYour CA / advocate handles
Buyer sourcing and price negotiationTDS rate determination and certificate filing
Paperwork sequencing and timeline coordinationSale Deed and Sale Agreement drafting/review
Coordinating between you, your CA and advocateCapital gains computation and tax filing
Registration and post-sale follow-upRepatriation forms (15CA/15CB)
FAQ

Common questions

Is TDS on an NRI seller different from a resident seller?

Yes. When a buyer purchases from an NRI seller, a different TDS regime applies compared to a resident-to-resident sale, and it applies on the full sale consideration rather than only above a threshold. Confirm the exact rate and mechanics that apply to your sale with your CA before signing anything.

What is a lower or nil deduction certificate?

It's a certificate your CA applies for from the Income Tax Department, which lets the buyer deduct TDS at a lower rate reflecting your actual tax liability on the sale, instead of the higher default rate on the full sale value. It has to be in place before the sale completes — your CA handles the application and required documents.

How much of the sale proceeds can I take abroad?

NRIs can generally repatriate sale proceeds subject to an overall ceiling and specific documentation (including CA certification on Forms 15CA/15CB), routed through an NRO account. The current ceiling and paperwork should be confirmed with your CA at the time of your transaction.

Do I need to be in India to sell my property?

No — most NRI sales are completed using a Power of Attorney, with your advocate confirming what it needs to cover and how it should be executed (including any requirement to notarise or attest it from abroad).

What does SNAP Realty handle in an NRI sale, and what don't you handle?

We coordinate the sale itself — buyer sourcing, price discussion, paperwork sequencing, and staying in the loop between you, your CA and your advocate. We don't compute your tax liability, file your TDS certificate application, or draft legal documents — that's your CA's and advocate's work, which we help you get done on time.

What happens if TDS is deducted at the higher rate by mistake?

You can generally claim a refund of excess TDS when you file your income tax return for that year, though this ties up the money until the refund is processed. Getting a lower-deduction certificate in place before the sale avoids this — ask your CA whether it's worth applying for one in your case.

Does the October 2026 TAN change affect how I sell?

It changes a technical requirement around the TAN a buyer uses to deposit your TDS, not your obligations as a seller directly. See our dedicated page on the change for the specifics.

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This page is general information, not tax or legal advice. Tax positions depend on your circumstances, your country of residence and the applicable Double Taxation Avoidance Agreement. SNAP Realty is a RERA-registered real estate agency (Reg. No. PRM/KA/RERA/1251/446/AG/260704/007472), not a firm of Chartered Accountants or advocates. We coordinate with your own CA and legal advisor — or refer one on request — for the tax and legal work itself. Confirm your position with a qualified professional before acting.