The Indian real estate market is witnessing a growing interest from Non-Resident Indians (NRIs). But while investment opportunities abound, one crucial aspect demands attention — Tax Deducted at Source (TDS) on property transactions. Governed by the Income Tax Act, 1961, these rules can significantly impact your returns if not followed correctly.
This guide breaks down the TDS norms for NRIs, ways to lower deductions, and strategies to avoid legal pitfalls.
Key Highlights
- TDS on property transactions must comply with the Income Tax Act, 1961.
- Rates differ for long-term and short-term capital gains.
- A Lower Tax Deduction Certificate (LDC) can reduce TDS from 22–23% to as low as 5–10%.
- Timely compliance ensures smooth repatriation of funds abroad.
- The Double Taxation Avoidance Agreement (DTAA) can further reduce tax liability.
Understanding TDS in Property Transactions
TDS is a mechanism for collecting income tax at the source of income. In real estate transactions involving NRIs, the buyer deducts tax from the sale proceeds before transferring payment to the seller.
For property sales exceeding ₹50 lakh:
- Residents: 1% TDS of sale price.
- NRIs:
- Long-Term Capital Gains (held for over 2 years) – 20% or 12.5%
- Short-Term Capital Gains (held for less than 2 years) – 30%
Example: If an NRI property sells for ₹74 lakh, the TDS payable is ₹74,000 at 1% for applicable cases.
Payment Deadlines:
- Residents: TDS must be deposited within 30 days after the month of deduction.
- Non-residents: Deadline is 7 days after the month of deduction.
Why TDS Matters for NRIs
TDS impacts the net amount NRIs receive from property sales. Failure to deduct or deposit TDS on time can lead to hefty fines and interest.
Rates by Property Value & Ownership Period:
| Property Value | TDS Rate (Short-Term) | TDS Rate (Long-Term) | Total Tax Rate |
|---|---|---|---|
| Below ₹50 lakh | 30% | 20% | 20.8% |
| ₹50 lakh–₹1 crore | 30% | 20% | 22.88% |
| Above ₹1 crore | 30% | 20% | 23.92% |
| Above ₹2 crore | 25% | 20% | Varies |
| Above ₹5 crore | 37% | 20% | Varies |
What Properties Can NRIs Buy in India?
NRIs can invest in:
- Residential: Houses, apartments, villas (no limit on quantity)
- Commercial: Warehouses, office spaces, retail outlets (no limit)
Restrictions:
- Cannot purchase agricultural land directly.
- Plantation properties (tea, coffee estates) require RBI approval.
TDS on NRI Property Purchases — Applicable Rates
| Property Value | STCG TDS Rate | LTCG TDS Rate |
|---|---|---|
| Below ₹50 lakh | 30% | 20% |
| ₹50 lakh–₹1 crore | 30% | 20% |
| ₹1 crore–₹2 crore | 30% | 20% |
| Above ₹2 crore | 25% | 20% |
| Above ₹5 crore | 37% | 20% |
Reducing TDS with a Lower Tax Deduction Certificate (LDC)
High TDS rates can lock away large sums for 15–24 months until refunds are processed. With an LDC, the deduction can drop to 5–10%, freeing up 90–95% of sale proceeds immediately.
Application Steps:
- Prepare documents (passport, sale agreement, buyer’s TDS account number, past 2–3 years’ tax returns).
- Fill Form 13.
- Submit to the Assessing Officer.
Processing Time: 10–14 days.
Compliance Deadlines & Penalties
| Non-Compliance Issue | Penalty / Interest |
|---|---|
| Late TDS Deduction | 1% per month interest |
| Late TDS Payment | 1.5% per month interest |
| Late TDS Return Filing | ₹200 per day |
| Incorrect Filing | ₹10,000 to ₹1 lakh |
| Imprisonment | 3 months to 7 years for serious defaults |
DTAA Benefits for NRIs
The Double Taxation Avoidance Agreement prevents NRIs from being taxed twice on the same income.
Example: Under India–US DTAA, interest on NRO FDs is taxed at 15% instead of 30%.
Popular DTAA Rates on Interest:
- USA/UK/Canada: 15%
- Germany/South Africa: 10%
- Mauritius: 7.5–10%
Final Word
With the effective TDS rate now at 14.95% (post July 23, 2024), understanding and complying with rules is critical for NRIs investing in Indian real estate. Using strategies like LDCs and leveraging DTAA benefits can significantly reduce tax outflow.
Professional tax and legal advice is highly recommended for smooth transactions and to safeguard your investment returns.