Thousands of Non-Resident Indians who own property in India are now confronting a tax situation that few anticipated. A shift in how deductions are calculated at the point of sale is quietly reshaping decisions around when and whether to sell.
Buyers in India are legally required to deduct tax before paying NRI sellers. That obligation under Section 195 TDS has existed for years. What is new is the basis of calculation. Tax authorities are now applying deductions on the gross sale value, not just the estimated profit. For an NRI selling a property worth several crores, this difference runs into lakhs of rupees held back before any refund process even begins.
The funds are not lost. They are withheld. But for an NRI coordinating finances across two countries, waiting months for a refund is not a small inconvenience. Capital gains tax for NRIs has not necessarily increased on paper, but the amount locked away at the time of sale certainly has. Sellers are feeling the difference in real terms.
Tax professionals across Mumbai, Delhi, and Bengaluru are pointing to one document that most NRI sellers overlook. A Lower TDS Certificate Form 13, filed with the Income Tax Department before the transaction closes, can legally bring down the deduction at source. It is available, it is legitimate, and it is being underused.
Tax consultants handling NRI property tax cases in India say enforcement has tightened considerably. Incomplete documentation is now triggering longer processing times and additional scrutiny. Staying ahead of the property tax changes India has introduced is no longer a suggestion; it is a necessity.
Understanding Section 195 TDS obligations, applying for a Lower TDS Certificate Form 13 in advance, and accounting for capital gains tax for NRIs early in the process are the steps that determine how smoothly and profitably a property transaction concludes.