Service
Sell your Indian property without losing 20% to TDS.
Lower TDS certificate (Form 13), capital gains computation, refund filing and repatriation — handled end to end by our tax and legal team in India.
When an NRI sells a property in India, the buyer is legally required to deduct TDS at up to 20% (long-term) or 30% (short-term) of the entire sale price, not just the gain. On a ₹2 crore sale, that's up to ₹40 lakh blocked with the Income Tax Department until you file an ITR and claim a refund — often 12–18 months later.
There is a legal way to dramatically reduce this: a Lower Deduction Certificate under Section 197 (Form 13). Filed correctly, TDS is computed only on the actual capital gain, not on the full sale price. We file Form 13, compute capital gains with indexation, claim the certificate from the jurisdictional Assessing Officer, and coordinate the entire sale, repatriation and refund.
Who this service is for
- NRIs selling residential or commercial property in India
- NRIs who have already had 20% TDS deducted and want a refund
- NRIs planning to repatriate sale proceeds to the USA, UK or Canada
- Families completing partition or sale of inherited Indian property
What we do, step by step
Capital gains computation with indexation
Long-term capital gain is computed using the Cost Inflation Index, improvement costs and transfer expenses — usually a fraction of the sale price. We document everything required by the Assessing Officer.
Lower Deduction Certificate (Form 13)
We file Form 13 with the jurisdictional Assessing Officer and follow up until the certificate is issued — typically 3–6 weeks. The buyer then deducts TDS on the gain only, not the full sale value.
Section 54 / 54EC reinvestment planning
If you reinvest the gain in another Indian residential property (Section 54) or specified bonds (Section 54EC), capital gains tax can be reduced to zero. We model both options before you sell.
Repatriation through Form 15CA / 15CB
We coordinate a Chartered Accountant's Form 15CB and your Form 15CA filing so sale proceeds can be remitted to your NRE account abroad within RBI limits.
TDS refund filing
If TDS is already deducted at the higher rate, we file your Indian ITR with the refund claim and follow up with the CPC until the refund is credited.
Typical timeline
- Week 1Free consultation, document review and capital gains estimate.
- Week 2–4Form 13 filed; jurisdictional AO follow-up.
- Week 5–7Lower TDS certificate issued; buyer deducts on gain only.
- Sale dateSale deed registered; 15CA/15CB filed; repatriation to NRE account.
- Post-saleITR filing in the next assessment year; refund follow-up if any.
Flat fee for Form 13, capital gains computation and 15CA/15CB — typically a small fraction of the TDS you save.
Frequently asked questions
How can an NRI avoid 20% TDS on property sale in India?
By applying for a Lower Deduction Certificate under Section 197 (Form 13) before the sale. Once issued, the buyer deducts TDS only on the actual capital gain, not the full sale price — often reducing TDS by 80–95%.
Can an NRI claim a TDS refund on property sale?
Yes. If TDS has already been deducted at the higher rate, file your Indian ITR for the relevant year claiming the actual capital gains. The excess TDS is refunded with interest. We typically see refunds credited within 6–9 months.
Can I repatriate the sale proceeds to my US, UK or Canadian account?
Yes — up to USD 1 million per financial year per NRI through Form 15CA/15CB, provided taxes are paid. We coordinate the CA certificate and the bank remittance.
Do I need to fly to India to sell the property?
No. With a properly drafted Special Power of Attorney (which we also draft), the entire sale can be executed in your absence.
Talk to our NRI desk — free 30-minute consultation
Share your situation in confidence. Response within one business day in your timezone.