3 weeks ago

Tips for NRIs buying or selling property in India

Tips for NRIs buying or selling property in India
Tips for NRIs buying or selling property in India — How to dodge compliance pitfalls before closing a deal · livemint.com

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.

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."”
livemint.com

Sources

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