Comprehensive Tax & Compliance Support for NRIs — ITR Filing, Property Sale TDS, Capital Gains Planning, Repatriation & More. Expert CA guidance from anywhere in the world.
Your residential status determines how your income is taxed in India. Understanding this is crucial for proper tax planning.
Under Section 6 of the Income Tax Act, 1961, an individual is considered a Resident in India if they satisfy ANY of these conditions:
| Condition | Days in India | Status |
|---|---|---|
| Present in India during the year | 182 days or more | Resident |
| Present in India during the year AND in preceding 4 years (365+ days) | 60 days or more | Resident |
| Indian citizen/PIO visiting India (relaxed rule) | 182 days threshold | NRI |
| Does not satisfy above conditions | Less than above limits | NRI |
Note: For Indian citizens or PIOs visiting India, the 60-day rule is replaced with 182 days, providing more flexibility.
Even if your income is below the exemption limit, filing ITR offers significant benefits and protects your interests.
Get refund of excess TDS deducted on NRO interest, rent, or property sale. Without ITR, refunds cannot be claimed.
Capital losses can be carried forward for 8 years to set off against future gains — only if ITR is filed on time.
ITR serves as income proof for visa applications, foreign loans, and financial transactions in India.
Non-filing can trigger scrutiny, penalties under Section 234F, and interest charges. Stay compliant to avoid hassles.
ITR acknowledgment is often required by banks for repatriating funds from NRO account to foreign accounts.
Required for claiming capital gains exemptions under Section 54, 54EC, 54F on property sale.
Claim relief under Double Taxation Avoidance Agreements to avoid paying tax twice on same income.
Proper disclosure of Indian assets and income ensures transparency and prevents future complications.
Complete guidance on selling property in India, TDS obligations, capital gains taxation, and repatriation of sale proceeds.
Buyer must deduct TDS before paying NRI seller. From July 23, 2024:
Apply under Section 195/197 to reduce TDS burden:
Required for remitting funds to NRE/Foreign account:
Save tax by reinvesting capital gains:
Essential documents for property sale compliance:
Typical timeline for property sale compliance:
| Type of Gain | Holding Period | Base TDS Rate | Effective Rate (with Cess) |
|---|---|---|---|
| Long Term Capital Gain (LTCG) | > 24 months | 12.5% | ~14.95% (with surcharge & cess) |
| Short Term Capital Gain (STCG) | ≤ 24 months | 30% | ~35.88% (with surcharge & cess) |
| With Lower TDS Certificate | Any | As per certificate | Based on actual capital gain |
Understanding the difference between Short-Term and Long-Term Capital Gains for NRI property transactions.
Property held ≤ 24 months
Property held > 24 months
End-to-end NRI taxation support from our expert CA team. We handle everything while you focus on your life abroad.
Complete ITR preparation and e-filing for NRIs with all income types - rental, capital gains, salary, NRO interest. Maximize TDS refund claims.
Strategic TDS planning for property sale. Application and follow-up for Lower/Nil TDS Certificate (Form 13) under Section 195/197.
Compute capital gains with proper cost inflation indexing. Advise on exemption options under Section 54, 54EC, 54F to minimize tax.
CA certification (Form 15CB) and online filing of Form 15CA. Bank coordination for smooth repatriation of funds.
Response to Income Tax notices under Section 139(9), 143(1), 148, 156. Representation before Income Tax authorities.
Assistance with Form 67 for claiming Foreign Tax Credit. Apply DTAA benefits to avoid double taxation on same income.
Clear and competitive pricing for all NRI taxation services. No hidden charges.
For NRIs with Indian income
Complete property sale compliance
For NRO repatriation
* Pricing varies based on complexity. Capital Gains with F&O/frequent trading priced separately. Contact for custom quote.
Common queries about NRI taxation answered by our experts.
Yes, if your total taxable income in India exceeds the basic exemption limit (₹2.5 lakh under old regime, ₹4 lakh under new regime for FY 2025-26). Even if income is below this limit, filing ITR is recommended to claim TDS refunds, carry forward losses, and for repatriation purposes.
NRIs cannot file ITR-1 (Sahaj) or ITR-4 (Sugam). Based on income type: ITR-2 is most common for NRIs with salary, rental income, capital gains, and foreign assets. ITR-3 is required if you have business/professional income from India.
From July 23, 2024: LTCG (property held > 24 months) - 12.5% base rate (~14.95% with surcharge & cess). STCG (≤ 24 months) - 30% base rate (~35.88% effective). TDS is deducted on entire sale consideration unless a Lower TDS Certificate (Form 13) is obtained.
Apply for Lower/Nil TDS Certificate (Form 13) under Section 195/197 to the Jurisdictional Assessing Officer. This allows TDS on actual capital gain instead of full sale value. Additionally, plan for exemptions under Section 54 (reinvest in new house), Section 54EC (invest in specified bonds), or Section 54F.
Form 15CB is a Chartered Accountant's certificate certifying that TDS has been properly deducted/paid and income tax compliances are met. Form 15CA is an online declaration filed on the Income Tax portal based on Form 15CB. Both are required by banks for remitting funds from NRO account to NRE or foreign accounts.
Under RBI regulations, NRIs can repatriate up to USD 1 Million (approximately ₹8.4 Crore) per financial year from their NRO account without prior RBI approval. This limit is per person, per year. For amounts exceeding this, prior RBI approval is required.
No, interest earned on NRE (Non-Resident External) and FCNR (Foreign Currency Non-Resident) accounts is completely tax-free in India for NRIs. However, NRO (Non-Resident Ordinary) account interest is taxable at applicable rates and TDS is deducted at 30%.
DTAA (Double Taxation Avoidance Agreement) is a treaty between India and other countries to prevent the same income from being taxed twice. NRIs can claim relief by either exemption method or credit method. For claiming DTAA benefits, Form 67 must be filed along with ITR, and Tax Residency Certificate (TRC) from the country of residence is required.
Official government portals and useful tools for NRI taxation.
Our CA team specializes in NRI tax matters. Get hassle-free compliance support from anywhere in the world.
The information provided on this page is for general informational purposes only and does not constitute legal, tax, or financial advice. Tax laws and regulations are subject to change, and the information may not reflect the most current legal developments. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind about the completeness, accuracy, reliability, or availability of the information. NRIs should consult with qualified tax professionals or Chartered Accountants for advice specific to their individual circumstances. Wealth4India and its representatives shall not be liable for any loss or damage arising from reliance on the information provided herein. All services are subject to applicable laws and regulations of India.