3 weeks ago
Tips for NRIs buying or selling property in India
Some people live and work in other countries but own homes in India; they are called non-resident Indians, or NRIs.
When they buy or sell a house in India, there are many special rules they must follow.
The government takes part of the money as tax, called TDS, and the tax is higher when the seller lives abroad.
There is also a rule called FEMA about how money can move and how much can be sent out of India.
A house might look like it made a big profit, but measured in US dollars the profit can be smaller.
This is because the value of the rupee changes over time.
Each year, NRIs can only send a certain amount of money out of India, usually one million dollars.
If the rules are broken, money can get stuck for months or penalties may be applied.
That is why it is important to get expert advice before closing a property deal.
NRIs buying or selling property in India must heed compliance pitfalls around TDS, FEMA rules, and repatriation limits before closing a deal.
Currency-adjusted returns on Indian real estate were about 10.7% in rupee terms but only around 6.5% in US dollar terms over 11 years, according to CA Sidhant Agarwal.
Indian capital gains tax is calculated entirely in rupees and does not compensate investors for currency depreciation losses.
Sale proceeds from NRO-account-funded properties can be repatriated only up to $1 million per financial year, while the original investment made via NRE/FCNR accounts can be repatriated in full.
Buyers must deduct 12.5% TDS plus surcharge and cess when purchasing from an NRI seller under the new long-term capital gains tax regime, versus 1% for resident sellers on properties above ₹50 lakh.
- Who
- Non-resident Indians (NRIs) buying or selling property in India, with advice from chartered accountants Sidhant Agarwal (co-founder, India for NRI) and Ajay R Vaswani (ARAS and Company).
- What
- Guidance on compliance pitfalls for NRI property deals in India, covering TDS obligations, FEMA rules, and repatriation limits on sale proceeds.
- Where
- India
- When
- Not explicitly stated in the article; the guidance reflects the new long-term capital gains tax regime.
- Why
- To help NRIs avoid penalties and having funds locked up for months due to uninformed decisions on property transactions.
Key facts
- Currency-adjusted IRR (11 years)
- ~10.7% in rupee terms vs ~6.5% in US dollar terms
- TDS for NRI sellers
- 12.5% plus applicable surcharge and cess
- TDS for resident sellers
- 1% on property purchases exceeding ₹50 lakh
- NRO account repatriation limit
- $1 million per financial year
- NRE/FCNR account benefit
- Full repatriation of original investment
- Residential property rule
- Repatriation benefit for up to two properties; commercial properties exempt
- FEMA requirement
- Sale proceeds must be credited to the seller's NRO account from the buyer's bank account
Quotes
CA Ajay R Vaswani
Chartered accountant at ARAS and Company, specialist in foreign exchange compliance
“"If both the buyer and the seller are NRIs, they cannot settle the property transaction directly through their NRE or any foreign bank accounts. Doing so would violate FEMA rules and could attract significant penalties."”
livemint.com
“"The funding source only protects the principal's speed of exit. Any appreciation, which is usually the point of the investment, still falls within the $1 million annual repatriation limit either way."”
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