NRI property sale
Property sold in India - buyer applies 20% TDS (Section 195) on full consideration.
- Long-term: indexation + 20%
- Short-term: slab + 30%
- Section 54 / 54F reinvestment plan
- Buyer applies certificate rate via 27Q
NRIs face 20-30% TDS on Indian property sales, rentals and investment income, even when the actual capital-gains tax is far lower. A Form 13 LDC - backed by DTAA and a Tax Residency Certificate - brings the deduction down to the actual tax payable, freeing up large amounts of working capital.
Starting at
₹14,999 onwards
LDC for NRI
NRIs selling property, earning rent or investment income in India
Timeline
30-60 working days
Under Section 195, every payment to a non-resident attracts TDS at the statutory rate - 20%-30% on capital gains, rent or interest - regardless of actual tax liability. An NRI applying under Section 197 can demonstrate that the actual tax (after DTAA, indexation, exemptions like 54/54F) is much lower, and obtain a certificate so the deductor (buyer / tenant / payer) deducts the lower amount.
TL;DR
20-30% blanket NRI TDS hurts cash flow. Form 13 + TRC + Form 10F + DTAA = AO certificate at actual rate. Apply before the deal closes.
Section 197
AO's power to issue a lower / nil TDS certificate on application.
TRC
Tax Residency Certificate from the foreign country - mandatory for DTAA benefit.
Form 10F
Self-declaration of treaty-residence details - mandatory along with TRC since FY 2022-23.
Cost indexation
Section 48 - inflation-adjusted cost of acquisition to compute LTCG.
Section 54 / 54F
Reinvestment in a new house property - up to Rs 10 crore - to defer capital gains.
Property sold in India - buyer applies 20% TDS (Section 195) on full consideration.
Rent received in India - tenant deducts 30% TDS under Section 195.
MF / share / NRO interest income with high TDS - DTAA can cap or eliminate the rate.
01
Map residency, DTAA partner, TRC validity and projected Indian tax against the statutory TDS rate.
02
LTCG / STCG with indexation, exemption claims, DTAA article applied, final tax = certificate rate.
03
Application via TRACES with TRC, 10F, last 3 ITRs, sale agreement / rent contract and capital-gains workings.
04
Queries answered, certificate issued with buyer's / tenant's TAN; copy delivered to deductor; 27Q tracking.
Upload via our secure portal. We pre-check every scan before filing - cuts portal rejections by ~90%.
Still unsure if LDC for NRI is right for your case? Book a free 20-minute consult - a senior CA / CS will walk you through your specifics.
Still have questions?
Book a free 20-minute consult with a senior partner - we'll walk through your case and outline next steps.
Talk to a partner →A senior CA / CS will get on a call with you, confirm scope and start the work - usually within 24 hours.