Finance & Taxes
Indian Property Sale Capital Gains & Repatriation Estimator
Estimate capital gains tax and TDS on selling property in India, the 54EC exemption, and how much you can repatriate to the US under the $1M limit.
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Educational estimate only. Not legal, tax, immigration, or financial advice. Full disclaimer below.
Source: Capital-gains and TDS provisions under the Income-tax Act, 1961 (Sections 48, 54, 54EC, 195) and, for periods from 1 April 2026, the corresponding provisions of the Income-tax Act, 2025 / Income-tax Rules, 2026 — which may be renumbered; verify the current section before relying on a number. RBI Master Circular on repatriation. · data last checked . Verify before making decisions.
Capital-gains tax and TDS are two different calculations, and this calculator keeps them separate. Long-term gains on property transferred on or after 23 July 2024 are taxed at 12.5% without indexation; short-term gains are taxed at your applicable slab rate, not at a fixed rate. Separately, under Section 195 the buyer withholds TDS on the full sale consideration — not on your gain — unless you obtain a lower/nil deduction certificate, so the amount withheld is usually far larger than the tax you actually owe and the difference is reclaimed by filing an Indian return. Repatriation of up to USD 1 million per financial year is subject to RBI/FEMA conditions and your bank's review.
- Who this is for
- US-based NRIs and Indian-Americans who own or have inherited property in India and are considering a sale
- Timeline / decision window
- TDS is deducted by the buyer at the time of sale; capital gains tax is settled when you file your India return for that year. Exemption reinvestment (e.g. Section 54/54EC) has strict deadlines after the sale — plan before you sign.
What you'll need for the calculator
- Purchase date and purchase price of the property
- Sale price (or expected sale price)
- Cost of improvements / capital additions
- Whether you'll hold long-term (>24 months) or short-term
- Whether you plan to claim an exemption (e.g. Section 54 / 54EC reinvestment)
- Whether you have a lower/nil TDS certificate
Numbers shown are estimates. Tax rates, fees, thresholds, and treaty rules change and depend on your visa status, state, and individual circumstances — verify with a qualified professional before acting.
Your details
Calculated capital gain
₹70,00,000
Long-term
Estimated final tax liability
₹10,01,000
Estimated TDS withheld by the buyer
₹17,94,000
Effective rate 14.95% of the sale price
Cash immediately available after buyer TDS
₹1,02,06,000 · $118,674
What reaches you at completion, before the final tax is settled
Estimated amount potentially available for repatriation
$127,895
After final tax, documentation and applicable RBI/FEMA limits — not the day-one cash after TDS
- PAN for both seller and buyer
- Form 13 application for a lower/nil TDS certificate — the main way to avoid withholding on the full sale value
- Buyer's TDS deposited and Form 16A issued to you
- Form 15CA, and Form 15CB from a Chartered Accountant where the remittance requires one — this depends on the nature, taxability and amount of the remittance, so confirm which applies to your transfer
- Indian income-tax return filed to claim any refund of excess TDS
- Sale deed and proof of source of funds
- Funds routed through your NRO account for repatriation
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Estimate only. Long-term gains on immovable property transferred on or after 23 July 2024 are computed at 12.5% without indexation. Property acquired before that date may raise transitional questions that this calculator does not model — confirm with an Indian CA. Short-term gains are taxed at your applicable slab rate. The USD 1 million per financial year repatriation facility is subject to RBI/FEMA conditions, eligible balances, payment of applicable taxes, documentation, and your authorised dealer bank's review — it is not automatic. You must also report the gain on your US return, where a foreign tax credit may apply.
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After the calculator
What your result means
The calculator estimates your capital gain, the TDS the buyer is likely to withhold, the tax actually due (with surcharge/cess where relevant), and the net amount left to repatriate. Because NRI TDS is often deducted on the full sale value rather than the gain, the TDS figure may be much larger than the final tax — the difference is what you reclaim as a refund when you file, unless you obtained a lower-TDS certificate first.
What drives the tax on an NRI property sale
Resident vs NRI seller
TDS rules differ sharply. When the seller is an NRI, the buyer must deduct TDS at the NRI rate on the sale consideration (not just on the gain), which is far higher than the ~1% that applies to resident sellers — so NRIs often over-withhold and reclaim later.
Buyer's TDS responsibility
The buyer is legally responsible for deducting TDS at source on an NRI's property sale and depositing it with the tax department. Getting this wrong exposes the buyer, so buyers are cautious.
Short-term vs long-term gains
Hold the property longer than 24 months and the gain is long-term (taxed at the LTCG rate); sell sooner and it's short-term (taxed at slab rates). The holding period is decisive for the rate.
Exemption options
Reinvesting the gain — e.g. into another residential property (Section 54) or specified bonds (Section 54EC) within the deadlines — can reduce or defer the capital gains tax.
Lower TDS certificate
Because default NRI TDS is on the whole sale value, many NRIs apply for a lower/nil TDS certificate (Form 13) so tax is withheld closer to the actual gain, avoiding a large blocked refund.
Repatriation documents
To move the proceeds to the US you will need bank paperwork and, depending on the remittance, a Form 15CA declaration and a Form 15CB certificate from a Chartered Accountant. Whether 15CB is required depends on the nature, taxability and amount of the remittance — not every transfer needs one, so confirm which applies to yours. The USD 1 million per financial year facility is itself subject to RBI/FEMA conditions, eligible balances, payment of applicable taxes, documentation and your authorised dealer bank's review.
Tax consequences
TDS at source
For an NRI seller, the buyer deducts TDS on the sale consideration at the NRI rate (plus surcharge/cess), which frequently exceeds the eventual tax — the excess is refundable on filing.
Capital gains tax
Long-term gains are taxed at the LTCG rate; short-term gains at slab rates. Post-July-2024 rules changed indexation treatment, so check whether indexation applies to your purchase date.
Surcharge & cess
High gains can attract a surcharge, and health-and-education cess applies on top of the base tax and surcharge.
US side (if US resident)
As a US tax resident you also report the gain on your US return, but the India–US DTAA foreign tax credit lets you offset Indian tax paid so the gain isn't taxed twice in full.
Step-by-step process
- 1Establish your holding period and compute the gain (sale price minus indexed/actual cost and improvements).
- 2If TDS on the full sale value would far exceed your actual tax, apply for a lower/nil TDS certificate (Form 13) before signing.
- 3At sale, ensure the buyer deducts TDS at the correct NRI rate and deposits it under your PAN — then collect the TDS certificate.
- 4To defer or reduce tax, reinvest the gain under Section 54/54EC within the statutory deadlines.
- 5Prepare the bank documents to repatriate the net proceeds, together with Form 15CA and — where your remittance requires it — a Form 15CB certificate from a Chartered Accountant.
- 6File your India return to reclaim any excess TDS, and claim the DTAA foreign tax credit on your US return if applicable.
Common mistakes to avoid
- Letting the buyer deduct TDS on the full sale value without a lower-TDS certificate, locking up a large refund for months.
- Missing the Section 54/54EC reinvestment deadlines and losing the exemption.
- Not confirming the TDS was deposited under your PAN, which stalls the refund.
- Leaving the Form 15CA/15CB question until the last minute — the bank will not release the remittance until whichever of them your transfer requires is in place.
- Overlooking the US return — as a US resident you must report the gain and claim the DTAA credit.
Example scenario
NRI selling a Bengaluru flat bought in 2012
Anil, a US green-card holder, sells a flat he bought in 2012 for ₹40 lakh at ₹1.2 crore. The buyer, cautious about NRI rules, would otherwise deduct TDS on the full ₹1.2 crore. Anil applies for a lower-TDS certificate so tax is withheld closer to his real long-term capital gain. He reinvests part of the gain in 54EC bonds to reduce tax, completes the Form 15CA/15CB paperwork his bank requires for the remittance, reclaims the small excess TDS on his India return, and claims a DTAA foreign tax credit on his US return so the gain isn't taxed twice in full.
NRI property sale timeline
Key actions before, during, and after the sale.
Before sale
- What to check
- Holding period; exemption plan; lower-TDS certificate (Form 13)
- Notes
- Applying for a lower-TDS certificate early avoids a large blocked refund.
During sale
- What to check
- Buyer deducts and deposits TDS; get the TDS certificate
- Notes
- Confirm TDS is deposited under your PAN so you can reclaim it.
After sale
- What to check
- Reinvest for exemption (Section 54/54EC) within deadlines
- Notes
- Prepare Form 15CA/15CB for repatriation of net proceeds.
Tax filing
- What to check
- File India return; claim refund of excess TDS; claim US DTAA credit
- Notes
- The gap between TDS withheld and tax due comes back as a refund.
Fees, timelines, forms, and agency rules can change. Always verify with official government sources before filing or making decisions.
Related tools & guides
Frequently asked questions
How much TDS is deducted on an NRI property sale?
For an NRI seller, the buyer deducts TDS on the sale consideration at the NRI rate (plus surcharge and cess) — not just on the gain. That's why NRIs often see a large amount withheld and reclaim the excess when they file, unless they obtained a lower-TDS certificate first.
Can an NRI claim a refund of excess TDS?
Yes. Because TDS is often deducted on the full sale value rather than the actual gain, the amount withheld usually exceeds the final tax. You reclaim the difference as a refund by filing your India income-tax return for that year.
Is a lower TDS certificate required?
It's not mandatory, but it's often worth it. A lower/nil TDS certificate (Form 13) lets the buyer withhold closer to your actual tax rather than the full sale value — avoiding a large refund that's otherwise locked up until you file.
Can an NRI repatriate property sale money to the USA?
Generally yes, after applicable taxes, under the USD 1 million per financial year facility for NRO balances. That facility is not automatic: it is subject to RBI/FEMA conditions, eligible balances, payment of applicable taxes, supporting documentation and your authorised dealer bank's review. You will need bank documents plus Form 15CA, and a Form 15CB certificate from a Chartered Accountant where your particular remittance requires one — that depends on the nature, taxability and amount of the transfer rather than applying to every remittance.
What documents are needed after a property sale?
Commonly the sale deed, the TDS certificate showing tax deposited under your PAN, proof of purchase cost and improvements, any lower-TDS certificate, and the Form 15CA (and Form 15CB where required) for the remittance. Keep them for your India return and any US DTAA credit claim.
Is the capital gain taxable in both India and the USA?
If you're a US tax resident, yes — India taxes the gain at source and the US also taxes it. But the India–US DTAA foreign tax credit lets you offset the Indian tax against your US tax on the same gain, so you're not taxed twice in full.
Reviewed for 2026 · data last checked . Source: Capital-gains and TDS provisions under the Income-tax Act, 1961 (Sections 48, 54, 54EC, 195) and, for periods from 1 April 2026, the corresponding provisions of the Income-tax Act, 2025 / Income-tax Rules, 2026 — which may be renumbered; verify the current section before relying on a number. RBI Master Circular on repatriation.. Figures are estimates and may change — verify before acting.
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Disclaimer, assumptions & sources
This tool is for general education and planning only. It does not replace advice from a CPA, attorney, financial advisor, USCIS, IRS, State Department, or other official source. Rules, limits, forms, fees, dates, and government processing information may change. Always verify before filing, investing, or making immigration, tax, or financial decisions.
- For educational use only — not legal advice.
- Not tax advice.
- Not financial advice.
- Not immigration advice.
- Numbers, forms, fees, dates, rules, and limits may change at any time.
- Always verify with official sources before acting.
- Consult a CPA, attorney, financial advisor, or the relevant official agency (USCIS, IRS, State Department) when it matters to your situation.
This calculator provides general estimates and is not financial, tax, legal, or immigration advice. Rules change and vary by state, visa status, and individual circumstance. Consult a qualified professional before acting.
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