NRI Notice

TDS when an NRI sells property in India (section 195)

What it means

When a non-resident sells immovable property in India, the buyer must deduct TDS under section 195 on the sale consideration at the rates for long-term or short-term capital gains (plus surcharge and cess), unless the seller obtains a lower-deduction certificate.

What to do

  1. Compute the capital gain (sale price minus indexed cost and expenses).
  2. Apply for a lower/nil deduction certificate (Form 13) on TRACES before the sale if the gain is small.
  3. Ensure the buyer has a TAN and files Form 27Q; collect Form 16A.
  4. File your return to claim refund of excess TDS; Form 15CA/CB for repatriation.

Deadline: Form 13 should be filed well before the sale deed; TDS is deposited by the buyer by the 7th of the next month.

Documents you will need

Have this notice? Upload it for a free explanation of your own case. NRI property-sale pack: capital-gains working, Form 13 guide, repatriation steps — $149.

Old section 195: new number [check] under the Income-tax Act 2025; rates unchanged by renumbering. Section numbers refer to the Income-tax Act 1961 / CGST Act 2017; the Income-tax Act 2025 renumbers income-tax sections from 1 April 2026 — the notice shows the applicable number. Checked by the founder on 16 Oct 2026.

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