Selling a flat or plot in India while living abroad is common, but the tax mechanics surprise many families. The biggest one is NRI property sale TDS: when the seller is a non-resident, the buyer must deduct tax at source at much higher rates than the 1% that applies between residents, and often on the full sale price unless a lower deduction certificate is obtained.
This guide explains the rates, what changed for buyers in 2026, how a lower deduction certificate helps, and the steps to repatriate the sale proceeds.
Key takeaways
- When a non-resident sells property in India, the buyer deducts TDS under the non-resident provisions (old section 195, now section 393(2) of the Income-tax Act 2025), not the 1% resident rule.
- For long-term capital gains (property held for more than 24 months), the base rate is 12.5%, plus surcharge and 4% cess; short-term gains are taxed at slab rates, so TDS is usually at the highest rate.
- From 1 October 2026, resident individual and HUF buyers can deposit and report this TDS using their PAN through Form 141, without obtaining a TAN.
- A lower deduction certificate (Form 128, formerly Form 13) lets TDS be deducted on the actual estimated gain rather than the full price.
- Proceeds can be repatriated from the NRO account within the USD 1 million per financial year facility, with Forms 145 and 146 (formerly 15CA and 15CB).
How NRI property sale TDS works
The buyer, whether resident or non-resident, must deduct tax when paying a non-resident seller. The obligation arises at the time of payment or credit, whichever is earlier, including on advances and instalments.
Without a certificate, buyers commonly deduct on the full sale consideration, because they cannot verify the seller’s cost of acquisition. That can lock up a large amount in TDS far exceeding the actual tax, which is then recovered only through a refund after filing the return.
Rates in brief
| Type of gain | Holding period for property | Base tax rate | TDS in practice |
|---|---|---|---|
| Long-term capital gain | More than 24 months | 12.5% (without indexation) | 12.5% plus surcharge and 4% cess |
| Short-term capital gain | 24 months or less | Slab rates | Usually 30% plus surcharge and 4% cess |
Surcharge depends on the amount of consideration and is capped at 15% for capital gains. For a sale above ₹1 crore, the effective long-term TDS rate works out to about 14.95% of the amount on which TDS is deducted.
What changed for buyers in 2026
Until recently, every buyer purchasing from an NRI had to obtain a TAN, file a quarterly non-resident TDS return and issue a TDS certificate. For individual homebuyers, this was a real hurdle.
For transactions from 1 October 2026, the CBDT has revised the forms so that resident individual and HUF buyers can pay and report TDS on purchases from non-residents using their PAN through Form 141, the challan-cum-statement that replaced Form 26QB. The deadline is 30 days from the end of the month in which tax is deducted, and the buyer then issues the certificate in Form 132 to the seller. Transactions before this date follow the earlier TAN-based process, so check which regime applies to your payment dates.
Buyers who are companies, firms or other entities continue to deduct and report through their TAN.
The lower deduction certificate
A seller who expects the actual tax to be much lower than the TDS can apply online for a certificate for lower or nil deduction in Form 128. The Assessing Officer considers the cost of acquisition, improvement costs and any planned reinvestment in eligible assets, and issues a certificate specifying the rate and amount for that buyer.
Worked example. Priya, an NRI in Canada, sells a flat in Noida for ₹1.5 crore. She bought it in 2012 for ₹70 lakh.
- Without a certificate: the buyer deducts about 14.95% on ₹1.5 crore, roughly ₹22.4 lakh.
- With a certificate based on a long-term gain of about ₹80 lakh: TDS reduces to roughly ₹12 lakh, and less still if she reinvests in a new residential house or eligible bonds.
Apply early. Processing takes time, and the certificate must be in hand before the buyer pays. Share the certificate with the buyer so that it is quoted correctly in the TDS filing.
Reducing the tax itself
- Section 54: long-term gains reinvested in a residential house in India, within the prescribed time, can be exempt, subject to the conditions and overall cap.
- Section 54EC: investment of long-term gains in specified bonds within six months, up to the annual limit.
- Capital gains account scheme: if reinvestment is planned but not done by the return due date, deposit the amount in the scheme.
- Treaty relief: under most tax treaties, gains from immovable property are taxable in the country where the property is situated, so India retains the right to tax. Credit for Indian tax may be available in your country of residence.
Filing an Indian return is essential to claim any excess TDS as a refund. Your residential status for the year decides the return form and which income is reported.
Repatriating the sale proceeds
- Receive proceeds in your NRO account (or NRE, where specifically permitted).
- Obtain the accountant’s certificate in Form 146 (formerly 15CB), confirming that tax has been paid or deducted.
- File Form 145 (formerly 15CA) on the income-tax portal.
- Submit these with the bank’s remittance form and sale documents.
Under FEMA, NRIs can remit up to USD 1 million per financial year from NRO balances, including property sale proceeds, subject to documentation. Special rules apply where property was bought from foreign or NRE funds, and for inherited property, so keep the purchase and inheritance documents ready.
Frequently asked questions
Is TDS on property bought from an NRI 1% like a resident sale?
No. The 1% rate applies only when the seller is resident. For a non-resident seller, TDS is deducted at the rates applicable to capital gains, plus surcharge and cess.
Do I still need a TAN to buy property from an NRI?
For transactions from 1 October 2026, resident individual and HUF buyers can use their PAN and file Form 141. Earlier transactions and entity buyers follow the TAN-based process.
How long does a lower deduction certificate take?
It varies with the case and workload. Apply as soon as the sale is agreed and before the first payment, including any advance.
How much of the sale money can an NRI send abroad?
Up to USD 1 million per financial year from the NRO account, including property sale proceeds, after completing the tax and bank documentation.
If you are an NRI planning to sell property in India, or buying from one, we would be glad to help with the certificate, TDS filings and repatriation steps.
This article is general information based on the law as of September 2026, and is not legal or tax advice. Please check the facts of your own case with a professional before acting.




