NRI property sale
Tax year 2026-27NRI property sale TDS calculator, and the tax you actually owe
For a non-resident selling a flat, house or plot in India in tax year 2026-27: the TDS (tax deducted at source) the buyer takes, your Indian tax on the sale, the refund or balance between them, and a list to take to your CA. Runs in your browser.
Your figures
Start from a situation
What this case shows: A long-term gain where the buyer deducts far more than the tax, and the refund you claim back.
The answer
- TDS the buyer deducts
- ₹ 17,94,000
- Your Indian tax on this sale
- ₹ 8,40,840
- Refund to claim
- ₹ 9,53,160
Your status
For tax year 2026-27, 1 April 2026 to 31 March 2027. This page works out the sale for a non-resident.
Not sure of your status? Work it out with the residential status calculator
The sale
The registration date on the sale deed, or the date you handed over possession under a registered agreement if that came first.
From the sale agreement or the sale deed.
The value the state fixes for stamp duty, often called the circle rate or ready reckoner value, on the registration receipt or the sale deed. Leave it blank if you do not have it.
Only then can the stamp duty value on the agreement date be used.
How you got it
On your purchase deed.
The amount on your purchase deed, plus the stamp duty, registration fees and brokerage you paid when buying, from those receipts.
Work done on or after 1 April 2001, from the bills. Earlier work does not count.
Brokerage and legal fees on the sale, from the bills.
About you
As your passport shows it.
Are you liable to tax in any country other than India by residence, domicile or a similar test, whether or not you pay any? A US green card counts wherever you live.
Income taxed at slab rates in 2026-27, after deductions: NRO interest and rent after the 30 percent deduction, from your AIS or the bank's interest certificate. Leave out NRE and FCNR(B) interest, which is usually exempt. Dividends and gains on shares are taxed at special rates and do not go here.
The default regime unless you opt out in your return.
Your Indian permanent account number.
Reinvesting the gain
What you paid or will pay for it, your own amount.
Bonds of NHAI, REC or another notified issuer, your own amount.
Allowed once in your life, under s.82(5) and s.82(6); the proviso to s.54(1) of the 1961 Act.
- Buy the new house from
- 10 January 2026
- Buy it by
- 10 January 2029
- Or build it by
- 10 January 2030
- Deposit what is not yet spent by
- 31 July 2027
- Invest in the bonds by
- 10 July 2027
The buyer and TDS
Leave it blank to take the date of transfer, 10 January 2027.
Without a certificate, buyers deduct on the whole amount paid to you.
At home in the United States
The exchange rate on that day.
The exchange rate on that day.
The answer for this sale
- TDS the buyer deductss.393(2) (Table: Sl. No. 17); s.195 of the 1961 Act
- ₹ 17,94,000
- Your Indian tax on this sale
- ₹ 8,40,840
- Refund to claim
- ₹ 9,53,160
The buyer deducts ₹ 17,94,000. Your Indian tax on this sale is ₹ 8,40,840, so ₹ 9,53,160 comes back to you as a refund when you file your return.
Read on: the working, what the buyer must do, the list for your CA and the use cases.
01 / The working
How the TDS and the tax were worked out
Each line with the section it comes from, the Income-tax Act, 2025 first and the 1961 Act beside it.
| Line | Provision | Amount |
|---|---|---|
| Amount agreed, whole property | ₹ 1,20,00,000 | |
| Stamp duty value at registration | s.78; s.50C of the 1961 Act | ₹ 1,25,00,000 |
| Full value of the sale, whole property | s.78; s.50C of the 1961 Act | ₹ 1,20,00,000 |
| Your share | 100% | |
| Full value of the sale, your share | s.72(1); s.48 of the 1961 Act | ₹ 1,20,00,000 |
| Sale expenses, your share | s.72(1)(a); s.48(i) of the 1961 Act | ₹ 1,20,000 |
| Cost of acquisition, your share | s.72(1)(b), s.73 and s.90; ss.48, 49 and 55 of the 1961 Act | ₹ 60,00,000 |
| Cost of improvement, your share | s.90(1)(b); s.55(1)(b) of the 1961 Act | ₹ 0 |
| Long-term capital gain | s.67; s.45 of the 1961 Act | ₹ 58,80,000 |
| Tax on all your Indian income, with the sale | s.197(1); s.112 of the 1961 Act | ₹ 8,40,840 |
| Tax on your other Indian income, without the sale | s.202(1); s.115BAC(1A) of the 1961 Act | ₹ 0 |
| Indian tax on this sale | ₹ 8,40,840 | |
| TDS the buyer deducts | s.393(2) (Table: Sl. No. 17); s.195 of the 1961 Act | ₹ 17,94,000 |
| Refund to claim | s.263(1)(c) (Table: Sl. No. 4), as substituted by the Finance Act, 2026; s.139(1) of the 1961 Act | ₹ 9,53,160 |
s.2(101)(a) and s.2(67); s.2(42A) and s.2(29AA) of the 1961 Act
Held long enough: a long-term gain
Held from 15 June 2016 to 10 January 2027, which is more than 24 months, so the gain is long-term (s.2(101)(a) and s.2(67); s.2(42A) and s.2(29AA) of the 1961 Act).
- Held from
- 15 June 2016
- Long-term from
- 16 June 2018
s.78; s.50C of the 1961 Act
The full value of the sale
The stamp duty value, ₹ 1,25,00,000, is not more than ₹ 1,32,00,000, which is 110 percent of the amount agreed of ₹ 1,20,00,000, so the amount agreed is the full value (s.78; s.50C of the 1961 Act).
- Full value, whole property
- ₹ 1,20,00,000
- Full value, your share
- ₹ 1,20,00,000
s.72(1)(b), s.73 and s.90; ss.48, 49 and 55 of the 1961 Act
Your cost
- Cost on your purchase deed, whole property
- ₹ 60,00,000
- Cost used, whole property
- ₹ 60,00,000
- Cost used, your share
- ₹ 60,00,000
- Indexations.72(2) and s.197(3); the second proviso to s.48 and the proviso to s.112(1)(a) of the 1961 Act
- None
s.393(2) (Table: Sl. No. 17); s.195 of the 1961 Act
The TDS
- Amount paid to you
- ₹ 1,20,00,000
- Rate, 12.5%Finance Act, 2026, First Schedule, Part II, item 1(b)(i)(D)
- ₹ 15,00,000
- Surcharge, 15%Finance Act, 2026, s.3(7) and First Schedule, Part II, surcharge Table: Sl. No. 2
- ₹ 2,25,000
- Cess, 4%
- ₹ 69,000
- TDS the buyer deducts
- ₹ 17,94,000
- As a share of the amount paid to you
- 14.95%
The tax, and the difference
- Indian tax on this sale
- ₹ 8,40,840
The TDS, ₹ 17,94,000, is more than the Indian tax on this sale, ₹ 8,40,840, so ₹ 9,53,160 comes back to you as a refund when you file your return by 31 July 2027 (s.263(1)(c) (Table: Sl. No. 4), as substituted by the Finance Act, 2026; s.139(1) of the 1961 Act).
Filed by that date, the refund carries interest at 0.5% a month or part of a month from 1 April 2027, about ₹ 4,766 a month (s.437(1); s.244A(1)(a) of the 1961 Act). No refund date can be promised.
This assumes the tax on your other Indian income is met by its own TDS or advance tax. Your return sets the whole year's tax against everything paid.
| Line | Tax on all your Indian income, with the sale | Tax on your other Indian income, without the sale |
|---|---|---|
| Income at slab rates | ₹ 3,00,000 | ₹ 3,00,000 |
| Long-term gain | ₹ 58,80,000 | ₹ 0 |
| Total income | ₹ 61,80,000 | ₹ 3,00,000 |
| Surcharge rate | 10% | 0% |
| Marginal relief | ₹ 0 | ₹ 0 |
| Further relief, reading the threshold on your mix of income | ₹ 0 | ₹ 0 |
| Cess | ₹ 32,340 | ₹ 0 |
| Tax payable | ₹ 8,40,840 | ₹ 0 |
Notes on these figures
- The date of transfer is usually the registration date, but handing over possession under a registered agreement can be a transfer on an earlier date (s.2(109)(g); s.2(47)(v) of the 1961 Act). Every window on this page runs from the date you enter.
Four notes on how the TDS is deducted
- Deducting on the whole amount paid is what buyers do in practice, because they cannot know your cost. The law requires deduction only on the sum chargeable to tax (s.393(2) (Table: Sl. No. 17); s.195 of the 1961 Act), and a buyer deducts on less only under a certificate you apply for (s.395(1), Form 128; s.197 of the 1961 Act, Form 13 under Rule 28 of the Income-tax Rules, 1962) or an officer's determination on the buyer's application (s.395(2), Form 129; s.195(2) of the 1961 Act, Form 15E under Rule 29BA of the Income-tax Rules, 1962).
- The stamp duty value does not raise the TDS base for a non-resident seller; that rule is for resident sellers (s.393(1) (Table: Sl. No. 3(i)); s.194-IA of the 1961 Act).
- The TDS is tax paid on your behalf (s.390(5); s.199 of the 1961 Act), and you claim it against your tax by filing a return.
- Where you are paid in instalments, the surcharge band is set on the whole amount likely to be paid to you, so each instalment is deducted at the same rate.
02 / Reinvesting the gain
If you reinvest the gain, and by when
The figures at the top are without any reinvestment, because it depends on what you do after the sale.
s.82; s.54 of the 1961 Act
A new house in India
- You entered
- Nothing
- Counted, at most ₹ 10,00,00,000
- ₹ 0
- Exempt
- ₹ 0
- Buy the new house from
- 10 January 2026
- Buy it by
- 10 January 2029
- Or build it by
- 10 January 2030
- Deposit what is not yet spent by
- 31 July 2027
- Because the gain is not more than ₹ 2,00,00,000, you may, once in your life, buy or build two houses instead of one (s.82(5) and s.82(6); the proviso to s.54(1) of the 1961 Act). Enter their total cost.
Three more points on this exemption
- The new house must be one residential house in India. A house abroad never qualifies.
- Any part of the gain not spent on it before you file your return goes into a Capital Gains Account Scheme deposit by 31 July 2027 (s.82(2); s.54(2) of the 1961 Act). Check that your bank opens one for a non-resident.
- A deposit not used within the time is taxed when the time runs out, and selling the new house within 3 years takes the exemption back.
s.85; s.54EC of the 1961 Act
Bonds of NHAI, REC or another notified issuer
- You entered
- Nothing
- Counted, at most ₹ 50,00,000
- ₹ 0
- Exempt
- ₹ 0
- Invest in the bonds by
- 10 July 2027
- At most ₹ 50,00,000 across tax years 2026-27 and 2027-28 together.
Two more points on this exemption
- The bonds are held for 5 years. Selling them, turning them into money or borrowing against them within that time brings the gain back.
- Issuers that take money from NRIs do so from an NRO account on a basis that cannot be sent abroad, as reported.
Enter what you plan to put into a new house or bonds to see the tax if you reinvest. The figures above are without any reinvestment.
03 / Lower deduction certificate, Form 128
Ask for a lower deduction certificate
A certificate you apply for before the sale lets the buyer deduct less than on the whole amount.
- Your tax on this sale, as a share of the amount paid to you
- 7.01%
- TDS at that rate
- ₹ 8,41,200
- What the buyer deducts without a certificate
- 14.95%
The Indian tax on this sale is 7.01% of the amount paid to you, rounded up. A certificate for a lower deduction (s.395(1), Form 128; s.197 of the 1961 Act, Form 13 under Rule 28 of the Income-tax Rules, 1962) is issued on the officer's view of your estimated tax, not on this figure.
Apply before the sale. The Central Board of Direct Taxes aims to decide an application within one month (Instruction 1/2014); that is a target, not a statutory limit.
04 / The PAN route, no TAN (tax deduction account number)
What the buyer must do, with the dates
For you to hand to the buyer: deducting, paying in and the TDS certificate are the buyer's duties.
The buyer is a resident individual or HUF deducting on or after 1 October 2026, so no TAN is needed (s.397(1)(c)(iii), as substituted by the Finance Act, 2026). Form 141 is due within 30 days from the end of the month of deduction, and Form 132 within 15 days after that; those time limits are as reported.
| Step | Form | Provision | By |
|---|---|---|---|
| Deduct the TDS when paying or crediting the seller, whichever comes first | s.393(2) (Table: Sl. No. 17); s.195 of the 1961 Act | 10 January 2027 | |
| Pay the TDS with challan-cum-statement Form 141, Schedule E, using your PAN; no TAN is neededas reported | Form 141 | s.397(1)(c)(iii), as substituted by the Finance Act, 2026; Rule 218(3)(e) and Rule 219(5)(e) of the Income-tax Rules, 2026 | 2 March 2027 |
| Download the TDS certificate, Form 132, and give it to the selleras reported | Form 132 | Rule 215(1) (Table: Sl. No. 3(ii)) of the Income-tax Rules, 2026 | 17 March 2027 |
What to give the buyer
- Your PAN, or without one your name, email, phone, overseas address, tax residency certificate and tax identification number.
- Your phone, email and overseas address are asked for on the buyer's form even where you have a PAN.
- Your share of the property, whether you have opted out of the default regime, and whether the gain is long-term or short-term.
- Any certificate for a lower deduction, before the payment. As reported, it is issued in the buyer's name and covers only the amount it states.
If the buyer does not deduct
- A buyer who does not deduct, or deducts and does not pay, is treated as an assessee in default for that tax (s.398(1); s.201(1) of the 1961 Act).
- Interest runs at 1 percent a month from the date the tax should have been deducted to the date it is, and 1.5 percent a month from deduction to payment (s.398(3)(a); s.201(1A) of the 1961 Act).
- A penalty equal to the tax not deducted can be imposed (s.448; s.271C of the 1961 Act): ₹ 17,94,000 here, if nothing is deducted.
Two points the buyer should also know
- Whether a buyer who pays into your NRO account in India must also file Form 145 is not settled (s.397(3)(d); s.195(6) of the 1961 Act). The buyer's Form 141 asks for its number only where it applies.
- Where there are several buyers, each files a separate form for their own payment.
05 / The foreign exchange rules, not income-tax
Getting the money out of India
- Reaching your NRO account
- ₹ 1,02,06,000
- Form 145 part banks normally ask for
- Part C with Form 146
- The route for property bought in foreign exchange
- Open if you paid in foreign exchange or from NRE or FCNR(B)
The buyer pays into your NRO account in India, ₹ 1,02,06,000 after the TDS. Sale proceeds are not a permitted credit to an NRE or FCNR(B) account (RBI Master Direction on deposits and accounts, paras 4.5, 4.7 and 6.7).
Before it sends money abroad your bank needs Form 145, formerly 15CA (s.397(3)(d); s.195(6) of the 1961 Act). Part A covers a total in the tax year of up to ₹ 5,00,000. Above that, banks normally ask for Part C with an accountant's certificate in Form 146, formerly 15CB, or Part B where you hold a certificate or order for a lower deduction (s.395; s.197 or s.195(2) of the 1961 Act). Whether your own NRO balance is a sum chargeable to tax at all, which would make it Part D, is arguable. For ₹ 1,02,06,000 banks would normally ask for Part C with Form 146. The parts and limits under Rule 220 of the Income-tax Rules, 2026 are as reported.
Three notes on sending the money abroad
- From the NRO account an NRI or a person of Indian origin, an OCI cardholder included, can send up to USD 1 million a financial year abroad, counting transfers from NRO to NRE since 18 June 2026 (RBI Master Direction on remittance of assets, para 3.2). Every remittance in the year goes through the same bank, and anything above the limit needs the Reserve Bank's approval.
- Where the property was bought in foreign exchange through banking channels or from an NRE or FCNR(B) account, a rupee home loan repaid from those funds included, an NRI or an OCI cardholder can send out the proceeds of up to two residential properties with no amount cap (Rule 29(2) of the Foreign Exchange Management (Non-debt Instruments) Rules, 2019). Whether those amounts also count against the USD 1 million is not settled: the Master Direction is silent on it for an NRI. Some banks still apply an older cap; ask yours.
- This is guidance under the foreign exchange rules, not income-tax, and your bank applies it.
06 / Deemed residence
The deemed residence check, with this gain counted
A large gain can change your status for the year, and with it every figure on this page.
s.6(7); s.6(1A) of the 1961 Act
Not deemed resident on these answers
- Your Indian income entered here, with this gain
- ₹ 61,80,000
- The threshold
- ₹ 15,00,000
- Liable to tax in any country other than India
- Yes
- An Indian citizen, or of Indian origin
- Yes
Your Indian income entered here, with this gain, ₹ 61,80,000, is more than ₹ 15,00,000. As an Indian citizen, a visit of 120 to 181 days in India this year, with 365 days or more in the four years before, would make you resident (s.6(5); Explanation 1(b) to s.6(1) of the 1961 Act) and resident but not ordinarily resident (s.6(13)(b); s.6(6)(c) of the 1961 Act). Count your days with the residential status calculator.
07 / Flags only: no home country tax is worked out
The same sale in the United States
Indian tax on this sale: ₹ 8,40,840. This is the most your country can credit. The TDS above it, ₹ 9,53,160, is not creditable anywhere: claim it back from India by filing a return.
The 4 percent cess counts as Indian income-tax under the treaty: the Finance Act, 2026 calls it an additional surcharge, and the treaty covers income-tax including any surcharge.
Enter the exchange rates on the base date and on the sale date to see the gain in your home currency.
Eight points on how the United States treats this sale, and the tax years
- The United States taxes its citizens, green card holders and anyone who meets the substantial presence test (about 183 weighted days in the US) on this gain, wherever the property is. A student on an F, J, M or Q visa is usually not a US resident for tax in the first five calendar years, and the gain is then outside US tax.
- The gain is worked out in dollars, each amount at the exchange rate on its own date, so the dollar gain can be far from the rupee gain.
- Long-term gains are taxed at 0, 15 or 20 percent, and the 3.8 percent net investment income tax can apply on top. The foreign tax credit cannot reduce that 3.8 percent.
- The exclusion for a main home has no location test: a home you owned and lived in for 2 of the 5 years before the sale can qualify, in India too.
- The credit for the Indian tax, claimed on Form 1116, is limited and can be less than the Indian tax. A fall in the rupee shrinks the dollar gain and the limit with it.
- Report the sale on Form 8949 and Schedule D.
- File an FBAR if your foreign accounts together pass USD 10,000 at any time in the year. The NRO account the sale proceeds land in counts.
- Inherited property takes a stepped-up basis: its value at the date of death.
- India's tax year runs from 1 April to 31 March. The United States and Canada use the calendar year, the United Kingdom's year starts on 6 April and Australia's on 1 July, so the same sale can fall in a different year at home.
08 / Form 128, Form 145 and Form 146, and the return
Take this to your CA
The figures and facts a CA needs for the certificate application, the remittance forms and your return. Bring the sale deed and your purchase deed with it.
- Citizenship and country
- Indian citizen, living in the United States
- Date of transfer
- 10 January 2027
- Amount agreed, whole property
- ₹ 1,20,00,000
- Stamp duty value at registration
- ₹ 1,25,00,000
- Your share
- 100%
- Purchase date and cost, whole property
- 15 June 2016, ₹ 60,00,000
- Sale expenses, your share
- ₹ 1,20,000
- Long-term capital gain
- ₹ 58,80,000
- Other Indian income, and the regime
- ₹ 3,00,000, the default regime
- Estimated Indian tax on the sale, for Form 128
- ₹ 8,40,840
- Certificate rate to ask for
- 7.01%
- TDS the buyer deducts on the whole amount, at the rates in force
- ₹ 17,94,000
- Refund to claim
- ₹ 9,53,160
- Return due date
- 31 July 2027 (s.263(1)(c) (Table: Sl. No. 4), as substituted by the Finance Act, 2026; s.139(1) of the 1961 Act)
- Dates for a new house in India
- Buy the new house from 10 January 2026; buy it by 10 January 2029; or build it by 10 January 2030; deposit what is not yet spent by 31 July 2027
- Dates for the bonds
- Invest in the bonds by 10 July 2027
- The buyer's route
- A resident individual or HUF paying the TDS with their PAN, no TAN
- Amount reaching your NRO account
- ₹ 1,02,06,000
- Form 145 part banks normally ask for
- Part C with Form 146
- PAN
- Yes
- Tax residency certificate
- Needed where a treaty is claimed, and one of the Rule 217 details where there is no PAN
09 / Scope
What this page covers, and what it does not
- This page works out the Indian tax for one seller who is a non-resident for tax year 2026-27, 1 April 2026 to 31 March 2027, selling land, a building or both in India.
- Agricultural land in a rural area is not a capital asset, so its sale is outside this page.
- A resident seller, including one who is resident but not ordinarily resident, takes a different path: TDS at 1 percent of the higher of the amount agreed and the stamp duty value where either is ₹ 50,00,000 or more (s.393(1) (Table: Sl. No. 3(i)); s.194-IA of the 1961 Act), the indexation option for land or buildings acquired before 23 July 2024 (s.197(3); the proviso to s.112(1)(a) of the 1961 Act), the rebate (s.156; s.87A of the 1961 Act) and the unused basic exemption. Check your status with the residential status calculator first.
- No indexation is allowed to a non-resident on any property (s.72(2) and s.197(3); the second proviso to s.48 and the proviso to s.112(1)(a) of the 1961 Act).
10 / Use cases
Which case is yours, and what to type
Six sellers, with what each one chooses and types, and the answer the page gives them. Load one and change what differs for you.
Case 1
Software engineer in the US selling a flat in Pune
A long-term gain where the buyer deducts far more than the tax, and the refund you claim back.
Fits you if: You are an Indian citizen living in the United States, selling a house or flat you bought, held more than 24 months.
What to choose
- Your residential status
- Non-resident
- Citizenship
- Indian citizen
- The country you live in
- United States
- Liable to tax in any country other than India
- Yes
- What you sold
- A house or flat
- How the property came to you
- I bought it
- Tax regime
- Default regime
- A PAN
- Yes
- Who is buying
- A resident individual or Hindu undivided family (HUF)
- How the TDS is deducted
- On the whole amount
What to type
- Date of transfer
- 10 January 2027
- Amount agreed, whole property
- ₹ 1,20,00,000
- Stamp duty value at registration, whole property
- ₹ 1,25,00,000
- Your share
- 100%
- Purchase date
- 15 June 2016
- Purchase cost, whole property
- ₹ 60,00,000
- Sale expenses, whole property
- ₹ 1,20,000
- Other Indian income this year
- ₹ 3,00,000
The answer
- TDS the buyer deducts
- ₹ 17,94,000
- Your Indian tax on this sale
- ₹ 8,40,840
- Refund to claim
- ₹ 9,53,160
Case 2
UK resident selling a house inherited from a parent
The parent's cost and holding period carry over, and the value on 1 April 2001 replaces a 1995 cost.
Fits you if: You are a foreign citizen of Indian origin, with an OCI card, living in the United Kingdom, selling a house or flat you inherited, held more than 24 months, counting the previous owner's time.
What to choose
- Your residential status
- Non-resident
- Citizenship
- Foreign citizen
- You, a parent or a grandparent born in undivided India
- Yes
- An OCI card
- Yes
- The country you live in
- United Kingdom
- What you sold
- A house or flat
- How the property came to you
- Inherited
- Tax regime
- Default regime
- A PAN
- Yes
- Who is buying
- A resident individual or Hindu undivided family (HUF)
- How the TDS is deducted
- On the whole amount
What to type
- Date of transfer
- 16 November 2026
- Amount agreed, whole property
- ₹ 90,00,000
- Stamp duty value at registration, whole property
- ₹ 90,00,000
- Your share
- 100%
- Date the last owner bought it
- 1 May 1995
- The last owner's cost, whole property
- ₹ 5,00,000
- Fair market value on 1 April 2001, whole property
- ₹ 12,00,000
- Stamp duty value on 1 April 2001, whole property
- ₹ 12,00,000
- Sale expenses, whole property
- ₹ 0
- Other Indian income this year
- ₹ 0
The answer
- TDS the buyer deducts
- ₹ 12,87,000
- Your Indian tax on this sale
- ₹ 11,15,400
- Refund to claim
- ₹ 1,71,600
Case 3
Temporary visa in Australia, plot sold within two years
A short-term gain: deducted at 30 percent plus surcharge and cess, taxed at slab rates, and outside Australian tax.
Fits you if: You are an Indian citizen living in Australia, selling a plot or other property you bought, held 24 months or less, a temporary resident of Australia.
What to choose
- Your residential status
- Non-resident
- Citizenship
- Indian citizen
- The country you live in
- Australia
- Liable to tax in any country other than India
- Yes
- A temporary resident of Australia
- Yes
- What you sold
- A plot or other property
- How the property came to you
- I bought it
- Tax regime
- Default regime
- A PAN
- Yes
- Who is buying
- A resident individual or Hindu undivided family (HUF)
- How the TDS is deducted
- On the whole amount
What to type
- Date of transfer
- 15 January 2027
- Amount agreed, whole property
- ₹ 48,00,000
- Stamp duty value at registration, whole property
- ₹ 48,00,000
- Your share
- 100%
- Purchase date
- 20 May 2025
- Purchase cost, whole property
- ₹ 40,00,000
- Sale expenses, whole property
- ₹ 0
- Other Indian income this year
- ₹ 0
The answer
- TDS the buyer deducts
- ₹ 14,97,600
- Your Indian tax on this sale
- ₹ 20,800
- Refund to claim
- ₹ 14,76,800
Case 4
Couple in Canada selling a jointly owned flat
Each owner works out their own half: the gain, the tax and the TDS, banded on the half paid to each.
Fits you if: You are an Indian citizen living in Canada, selling a house or flat you bought, held more than 24 months, owning 50% of it.
What to choose
- Your residential status
- Non-resident
- Citizenship
- Indian citizen
- The country you live in
- Canada
- Liable to tax in any country other than India
- Yes
- What you sold
- A house or flat
- How the property came to you
- I bought it
- Tax regime
- Default regime
- A PAN
- Yes
- Who is buying
- A resident individual or Hindu undivided family (HUF)
- How the TDS is deducted
- On the whole amount
What to type
- Date of transfer
- 5 December 2026
- Amount agreed, whole property
- ₹ 1,60,00,000
- Stamp duty value at registration, whole property
- ₹ 1,60,00,000
- Your share
- 50%
- Purchase date
- 1 August 2012
- Purchase cost, whole property
- ₹ 70,00,000
- Sale expenses, whole property
- ₹ 0
- Other Indian income this year
- ₹ 0
- The day you became resident in Canada
- 1 July 2018
The answer
- TDS the buyer deducts
- ₹ 11,44,000
- Your Indian tax on this sale
- ₹ 5,85,000
- Refund to claim
- ₹ 5,59,000
Case 5
Working in Dubai, large sale, with a lower deduction certificate
A certificate brings the TDS close to the tax, and Indian income above 15 lakh raises the deemed residence question.
Fits you if: You are an Indian citizen living in the UAE, selling a house or flat you bought, held more than 24 months, with a lower deduction certificate.
What to choose
- Your residential status
- Non-resident
- Citizenship
- Indian citizen
- The country you live in
- UAE
- Liable to tax in any country other than India
- Not answered (taken as no for the UAE)
- What you sold
- A house or flat
- How the property came to you
- I bought it
- Tax regime
- Default regime
- A PAN
- Yes
- Who is buying
- A company, firm, trust or non-resident
- How the TDS is deducted
- At a certificate rate
What to type
- Date of transfer
- 18 December 2026
- Amount agreed, whole property
- ₹ 6,00,00,000
- Stamp duty value at registration, whole property
- ₹ 6,00,00,000
- Your share
- 100%
- Purchase date
- 10 April 2014
- Purchase cost, whole property
- ₹ 2,40,00,000
- Sale expenses, whole property
- ₹ 6,00,000
- Other Indian income this year
- ₹ 8,00,000
- Rate on your lower deduction certificate
- 9%
The answer, if you are in fact non-resident
Likely deemed resident
- TDS the buyer deducts
- ₹ 54,00,000
- Your Indian tax on this sale
- ₹ 52,95,420
- Refund to claim
- ₹ 1,04,580
Case 6
Living in Singapore, plot sold to a relative below the circle rate
The stamp duty value is more than 110 percent of the amount agreed, so the gain is worked out on it, while the TDS stays on the amount paid: the tax is more than the TDS, and you pay the balance.
Fits you if: You are an Indian citizen living in another country, selling a plot or other property you bought, held more than 24 months.
What to choose
- Your residential status
- Non-resident
- Citizenship
- Indian citizen
- The country you live in
- Elsewhere
- Liable to tax in any country other than India
- Yes
- What you sold
- A plot or other property
- How the property came to you
- I bought it
- Tax regime
- Default regime
- A PAN
- Yes
- Who is buying
- A resident individual or Hindu undivided family (HUF)
- How the TDS is deducted
- On the whole amount
What to type
- Date of transfer
- 20 February 2027
- Amount agreed, whole property
- ₹ 60,00,000
- Stamp duty value at registration, whole property
- ₹ 1,00,00,000
- Your share
- 100%
- Purchase date
- 12 March 2015
- Purchase cost, whole property
- ₹ 30,00,000
- Sale expenses, whole property
- ₹ 0
- Other Indian income this year
- ₹ 2,00,000
The answer
- TDS the buyer deducts
- ₹ 8,58,000
- Your Indian tax on this sale
- ₹ 10,01,000
- Balance to pay
- ₹ 1,43,000
Every figure in these cards is worked out by the same engine as the answer at the top, on the case as shown. A box a card does not name stays as the page opens.
Assumptions and basis
What this calculator applied
- Law applied
- Tax year 2026-27, Income-tax Act, 2025, as amended by the Finance Act, 2026
- Rates checked
- Checked on 1 November 2026
18 notes on how the law was applied
- Deducting TDS on the whole amount paid is what buyers do in practice, not what the law says. The law requires deduction on the sum chargeable to tax (s.393(2); s.195 of the 1961 Act), and a lower amount is deducted only on a certificate under s.395(1) (s.197 of the 1961 Act) or a determination under s.395(2) (s.195(2) of the 1961 Act).
- As reported: the time limits under the Income-tax Rules, 2026 for Form 141 (30 days from the end of the month) and Form 132 (15 days after that), the TAN route dates and form numbers (Form 135, the deposit by the 7th, Form 144, Form 131), Form 128 for the seller's certificate and Form 129 for the buyer's application, the limits of a certificate to the buyer it names and the amount it states under Rule 213, and the parts and limits of Form 145 and Form 146 under Rule 220. The base Rules were not read in primary text; the Fifth Amendment confirms Form 141 Schedule E and Form 132. Rule 217 is confirmed only through the notes to Form 141.
- Form 145: the part printed is the one banks normally ask for, Part C with Form 146 above the Part A limit, or Part B with a certificate. Whether a non-resident's own NRO balance is a sum chargeable at all, which would make it Part D, is arguable.
- Marginal relief: the Finance Act caps tax and surcharge at the tax and surcharge on the threshold income plus the income above it, without saying what the threshold income is made of. This page reads it as made up in the same proportions as the seller's own income, so that the cap can reach a gain taxed at 12.5 percent; read as ordinary income at slab rates, it never does. Where the two readings differ, both figures are printed.
- The home country panel flags and does not compute. It prints no home country tax. The UK base cost for inherited property and the Australian Burton apportionment are as reported. A gift gets no home currency figure, because its base at home differs from an inheritance's. How the Australia and Canada treaties treat the cess was not checked.
- Where the seller does not say whether they are liable to tax in any country other than India, the page assumes no in the UAE and the Gulf, yes in the UK, Australia and Canada, and not sure in the United States and elsewhere, where it shows the deemed residence warning.
- Whether money sent out under Rule 29(2) of the Non-debt Instruments Rules also counts against an NRI's USD 1 million a financial year from NRO is not settled: the Master Direction on remittance of assets states the exclusion only for a foreign national (para 3.1) and is silent for an NRI (para 3.2).
- The deemed residence test is run on the income entered here, the slab income and this gain. Indian dividends and gains taxed at special rates count toward the line too, and are not asked for.
- The resident path, and the resident but not ordinarily resident path, are not computed. A resident seller is refused and sent to the residential status calculator.
- The Act gives no day rule for 24 months. This page treats a sale on the second anniversary as short-term and flags any sale within 7 days of it.
- No section says joint owners apply the stamp duty value test to the whole property and then split by share. That is a reading of s.67 and s.72.
- The surcharge on TDS is banded on the amount paid to this seller. The Finance Act says "paid or likely to be paid" without saying by whom.
- Without a PAN, whether surcharge and cess go on top of the 20 percent floor is not settled. This page adds them and prints the other reading beside it.
- Which electronic modes of payment the Income-tax Rules, 2026 prescribe for the agreement date stamp duty value was not checked.
- Interest on a shortfall of advance tax is not computed, and refund interest is given as a rate and a start date, not as an amount for a refund date.
- The arithmetic is exact and is not rounded to the nearest ten rupees. Round the printed figures the way your return does.
- Whether a bank opens a Capital Gains Account Scheme deposit for a non-resident, and the terms on which bond issuers take money from NRIs, were not checked.
- Setting a capital loss off against other gains is described and not computed; the 2025 Act sections for it were not read for this page.
This is a working estimate, not advice, and it will not cover every case. Rates and thresholds change. Check the figure against the law as it stands before you rely on it or sign anything. All calculators
Questions this page answers
Six questions, answered from this page's basis
What is the TDS on property sale by an NRI?
In practice the buyer deducts on the whole amount paid to you, as they cannot know your cost: 12.5 percent long-term or 30 percent short-term, plus a surcharge set by the amount paid and 4 percent cess (s.393(2); s.195 of the 1961 Act). Long-term, that is 13 percent up to ₹ 50,00,000, 14.3 percent up to ₹ 1,00,00,000 and 14.95 percent above, so ₹ 17,94,000 on ₹ 1,20,00,000.
How much capital gains tax does an NRI pay on selling property in India?
Held more than 24 months, the gain is long-term: the full value less sale expenses and cost, with no indexation for a non-resident, taxed at 12.5 percent plus surcharge and cess (s.197(1); s.112 of the 1961 Act). A flat bought for ₹ 60,00,000 and sold for ₹ 1,20,00,000, with ₹ 1,20,000 of brokerage, gains ₹ 58,80,000, taxed at ₹ 8,40,840. A short-term gain is taxed at slab rates.
How do I get a lower TDS certificate for an NRI property sale?
Apply on Form 128 before the sale for a lower deduction certificate (s.395(1); s.197 of the 1961 Act); it needs a PAN and is issued on the officer's view of your tax. Where the tax is ₹ 8,40,840 on ₹ 1,20,00,000 paid, a certificate at 7.01 percent cuts the deduction from ₹ 17,94,000 to ₹ 8,41,200. The Central Board of Direct Taxes aims to decide within one month.
Can an NRI claim a refund of excess TDS on property sale?
Yes: the TDS is tax paid on your behalf (s.390(5); s.199 of the 1961 Act), and a return filed by 31 July 2027 claims back what exceeds your tax. On ₹ 17,94,000 deducted against ₹ 8,40,840 of tax that is ₹ 9,53,160, with interest at 0.5 percent a month from 1 April 2027 (s.437(1); s.244A(1)(a) of the 1961 Act), as it is at least 10 percent of the tax.
How much can an NRI repatriate after selling property in India?
The buyer pays into your NRO account: ₹ 1,02,06,000 of a ₹ 1,20,00,000 sale after the TDS. From it an NRI or OCI cardholder can send up to USD 1 million a financial year abroad, and under Rule 29(2) of the Non-debt Instruments Rules the proceeds of up to two homes bought with foreign exchange or NRE or FCNR(B) funds. Whether those count against that limit is not settled.
What does this NRI property sale calculator not do?
It does not work out a resident's sale, including one who is resident but not ordinarily resident, and sends that seller to the residential status calculator. It prints no home country tax, only the Indian tax your country can set against its own, and it does not compute interest on a shortfall, promise a refund date, set off a loss or take in rural agricultural land.