Trusted NRI Tax & FEMA Advisory - Pune

TDS & Capital Gains Advisory Pune

Selling property in India as an NRI requires strict compliance with Section 195, FEMA regulations, and capital gains taxation. We help minimise your tax liability through Lower Deduction Certificates (LDC), accurate capital gains computation, and smooth overseas fund repatriation.

Lower Deduction Certificate (LDC)
Form 15CA & 15CB issuance
Section 54 exemption planning
Strategic Tax Execution

End-to-End NRI Tax Framework

We navigate complex Income Tax and FEMA regulations to help NRIs retain maximum liquidity from property transactions while ensuring complete legal compliance.

Lower TDS Certificate (LDC)

Filing under Section 197 to reduce the standard 20%+ TDS on NRI property sale transactions down to the actual capital gains tax liability.

Capital Gains Computation

Accurate Short-Term and Long-Term Capital Gains calculations with cost inflation indexation for optimized tax planning and compliance.

Fund Repatriation (15CA / 15CB)

Chartered Accountant certifications and FEMA documentation support for smooth transfer of sale proceeds to overseas bank accounts.

Section 54 Exemption Advisory

Strategic guidance on reinvestment planning through new property purchase or Capital Gains Account Scheme to maximize tax exemptions.

Financial Impact & Exposure

Critical NRI Tax Parameters

Selling property in India as an NRI involves significant tax deductions, regulatory timelines, and FEMA-controlled fund repatriation limits. Strategic planning is essential to preserve liquidity.

Default TDS Rate

20.8% - 23.9%

Applied on the total transaction value if no Lower Deduction Certificate is secured before sale execution.

LDC Processing Time

30 - 45 Days

Average processing timeline for Section 197 approval by the Income Tax Department.

Repatriation Limit

$1 Million

Annual outward remittance limit from NRO accounts subject to FEMA and banking compliance.

Operational Blueprint

How We Secure Your Tax Clearances

Our structured compliance process ensures reduced TDS approvals, smooth departmental coordination, and legally compliant repatriation of funds for NRIs.

1

Document Assessment & Indexation

We review your original purchase deed, calculate indexed acquisition cost, and estimate Long-Term Capital Gains liability accurately.

2

Form 13 Filing (Section 197)

Our tax experts prepare and file Form 13 requesting reduced TDS deduction based on actual capital gains instead of flat 20%+ deduction.

3

Department Liaison

We manage follow-ups, clarifications, and technical queries raised by the Income Tax Department to avoid unnecessary delays.

4

Buyer Coordination & Repatriation

After certificate approval, we guide the buyer on TDS deduction and issue Forms 15CA & 15CB for overseas fund transfer.

Documentation Architecture

Requirements for LDC Application

Proper documentation is critical for successful Lower Deduction Certificate approval and seamless repatriation of NRI property sale proceeds.

Property & Financial Proofs

Original Purchase Deed (Index II)
Agreement to Sale / Draft with Buyer
Proof of improvement expenses (if claimed)
NRO / NRE bank account statements
Capital gains working & acquisition details

Tax & Identity Documents

NRI PAN Card & valid Passport
Income Tax portal login credentials
Buyer’s PAN & TAN details
ITR copies for the last 2–3 years (if filed)
Existing TDS certificates or Form 26AS (if available)
Fiduciary Insights

NRI Capital Gains FAQs

Clear answers to the most important questions NRIs face regarding TDS, capital gains taxation, and fund repatriation after property sales in India.

Under Section 195, buyers must deduct approximately 20% plus surcharge and cess on NRI property transactions because the Income Tax Department treats non-resident tax recovery as higher risk. A Lower Deduction Certificate (LDC) is the legal mechanism to reduce this deduction to the actual capital gains liability.

No. NRI property transactions are governed by Section 195, not Section 194-IA. If the buyer deducts only 1% TDS, the buyer may face penalties, interest, and default proceedings from the Income Tax Department.

The buyer must deduct approximately 20–23% of the total sale consideration and deposit it with the government. You will then need to file an Income Tax Return in India to claim a refund, which can take several months.

Depending on jurisdiction and document readiness, LDC approval generally takes 2–6 weeks. Timely submission of supporting documents helps avoid delays from the assessing officer.

Mitigate Your Tax Exposure Before You Sign

Strategic tax planning should begin the moment you decide to sell. Partner with our Pune-based compliance experts to lock in your exemptions and secure your repatriation channels.

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