Selling Indian property as an NRI? Don't skip the Lower TDS Certificate
When an NRI sells property in India, the buyer has to deduct TDS on the full sale value. Not on the gain. The full sale value.
The default rate is 12.5% plus surcharge (an additional tax on top of the base rate that varies by transaction size) and cess (a flat 4% charged on top of the tax and surcharge), pushing the effective deduction to around 15% on most deals. On a ₹2 crore sale, that's roughly ₹30 lakh held back, even if the NRI seller’s actual tax liability on gains is closer to ₹4 lakh.
The delta (₹30L-4L) sits with the government for anywhere between a quarter to 18 months until the refund comes through.
The fix is the Lower TDS Certificate under Section 197 - You apply with your actual capital gains computation, and the IT department issues a certificate stating the correct deduction rate. The certificate brings the rate down to whatever you actually owe.
How does the Lower TDS certificate apply in different scenarios?
- Reinvestment under Section 54: Reinvesting gains into another residential property can fully or partially exempt the gain. The certificate captures this upfront, so TDS isn't over-deducted.
- Inherited or long-held property: The taxable gain is sale price minus original cost (yours, or your parent's for inherited property), not the full sale value. On a flat bought in 1995 for 8 lakh and sold today for 3 crore, only the actual gain is taxed.
- Upgrading expenses: Capital invested on renovations like adding a floor/room get added to your purchase value. Eg - Purchase a property for 1Cr and spend another 20L for renovation, making the purchase price to 1.2Cr in this scenario, subject to you having invoices and bank transfers to back it up.
Two things to watch out for:
- The lower TDS certificate takes 4 to 8 weeks to process generally, so the application has to go in well before you close the deal with the buyer.
- The buyer will need the certificate before making any payment, including the advance. If you've already taken a booking amount, full TDS applies on that portion, regardless.
Most NRIs hear about this after the deduction has already happened. By then, it's a refund problem, not a cash flow one. If you are an NRI, it’s best to plan the real estate selling event with a CA before you sign anything.