TDS when buying property from an NRI — what does India require?

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Answer

The buyer must deduct at the applicable rate and deposit against the seller's identifier, using the correct deduction account. India collects at source before considering any exemption, so most Indian files are a reconciliation and a recovery rather than a payment.

What India requires

The buyer must deduct at the applicable rate and deposit against the seller's identifier, using the correct deduction account. The seller can obtain a certificate authorising a lower deduction; without it the buyer has no discretion to reduce it.

Two of the firm’s advisers and the team in the open-plan office

Where the general answer is wrong

Buying a flat from an NRI makes you a withholding agent under Indian tax law — and the deduction is computed on the whole price, not the seller's gain, with your own liability if you get it wrong.

TDS when buying property from an NRI — what does India require?
ItemAmount
Sale consideration₹8,100,000
Cost taken into account₹2,673,000
Gain actually arising₹5,427,000
Deduction on the consideration (assumed 22%)₹1,782,000
Tax on the gain (assumed 19%)₹1,031,130
Cash held back beyond the real tax₹750,870

₹750,870 more is deducted than the transaction actually owes. A lower-deduction certificate obtained before closing is what releases it at the table; without one it sits with the department until a return recovers it.

Example figures throughout, selected to make the rule visible, with rates and thresholds assumed for the demonstration. Your actual filing uses figures confirmed with the issuing authority for your tax year.

What to do next

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on TDS when buying property from an NRI (s.195). Whatever you have is enough to start the conversation, including nothing but the dates.

Checked and signed off for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. General guidance only. Your own facts decide the answer, so bring them to a call before relying on this.

Where tax on electronics in India comes into this file

The subject here is TDS when buying property from an NRI, which is what people mean when they search for tax on electronics in India. This page covers who it applies to, the filings it produces, and the fixed fee agreed before work begins.

What these engagements turn on

Case study 1

Deduction built into the completion timetable before signing

A buyer came to us with a draft agreement for a flat whose seller lived abroad. Nothing in the draft addressed who withheld what, or when. We set out the buyer's obligation to deduct where the seller is a non-resident, arranged for the buyer's own deduction account before the first payment fell due, computed the amount to be withheld from each instalment, and put the deposit and reporting dates into the completion schedule. The engagement produced a transaction that completed with the deduction already made, deposited against a verified seller identifier, and evidenced in the buyer's file.

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Case study 2

Instalments already paid with nothing deducted

A buyer had paid two instalments to a seller abroad before anyone raised withholding. The seller had the money and no reason to return it. We quantified the shortfall, obtained the buyer's deduction account, and restructured the remaining payments so that the deduction due on the whole consideration could be met from what was still to be paid, with the seller's written agreement to the adjustment. We then deposited and reported in the buyer's name. The engagement produced a compliant deduction record and removed the buyer's exposure on the payments already made.

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Case study 3

Lower-deduction certificate arriving part-way through staged payments

A seller obtained a certificate authorising a reduced deduction after the buyer had already withheld at the ordinary rate on the first tranche. The certificate names a payer, a payee and a period, and does not reach backwards. We applied the reduced rate to the payments falling inside the period, left the earlier deduction as made, and explained to both sides why the difference on the first tranche was now the seller's recovery rather than the buyer's error. The work produced a clean deduction record across the staged payments and a written note of the treatment of each.

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Case study 4

Deposit made against the wrong tax identifier

A buyer had deducted the right amount and deposited it against a mistyped seller identifier. The money was with the exchequer but credited to nobody, so the seller could not see it and the buyer's reporting did not match the deposit. We traced the deposit, corrected the reporting so the credit reached the seller's record, and documented the correction for the buyer, who carried the liability for the error. The engagement produced a matched deposit and a seller who could finally claim the credit on an Indian return.

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Case study 5

Joint sellers where only one lived abroad

A flat was held by two siblings, one resident in India and one not. The buyer had been advised to withhold on the whole price at the non-resident rate, which would have over-deducted on one half and confused the reporting on both. We established each seller's share and status, applied the non-resident withholding obligation to that seller's share alone, treated the resident's share under its own rules, and reported the two deductions separately. The engagement produced apportioned deductions the buyer could evidence and credits each seller could actually use.

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Case study 6

Checking a seller's residence before relying on it

A buyer was told by his seller that no non-resident deduction was needed. We asked for the basis. The seller had been abroad for years and was relying on holding an Indian passport and an Indian address. Residence for tax is decided by presence, not by nationality or a postal address, and the buyer would have carried the shortfall. We set the position out, arranged the deduction, and the seller applied for a certificate to reduce it. The work produced a documented status determination in the buyer's file before completion.

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Case study 7

Tax Deducted When Buying From an NRI

Withholding on a sale by a non-resident is applied to the sale value rather than to the gain, so it routinely exceeds the tax due. A lower-deduction certificate obtained before completion avoids locking the difference up.

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Case study 8

Moving Money Out of India and the Certificates It Needs

A remittance out of India needs its tax position certified before the bank will process it. The file establishes the character of the funds, produces the certification, and keeps the position consistent with the returns already filed.

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All case studies — every published engagement in one place.

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The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

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Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

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A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

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What people ask us about TDS when buying property from an NRI (s.195)

I am buying a flat from an NRI — do I have to deduct tax?

Yes. Where the seller is a non-resident, the obligation under section 195 falls on you as the buyer. It is not a formality the conveyancing takes care of: you deduct from the payment, deposit the amount against the seller's tax identifier, and report the deduction. The seller's own view of the tax due does not relieve you of it. In practice the sequence has to be arranged before completion, because the money must leave your hands already reduced. Recovering a deduction you forgot to make, from a seller who has been paid in full, is a very different problem.

Is the deduction on the sale price or on the seller's profit?

On the price. The deduction is computed on the consideration you pay, not on the gain the seller makes. Since the gain is usually a fraction of the price, the amount withheld routinely exceeds the tax the transaction actually owes, and the difference sits with the Indian exchequer until the seller files and reconciles it. That is not a fault in the mechanism; it is the mechanism. It is also why sellers ask buyers to withhold less, and why a buyer has no power to agree to that on their own.

What happens to me if I deduct too little?

The shortfall becomes your problem, not the seller's. A buyer who deducts too little, deposits late, or deposits against the wrong identifier is exposed in their own name, and the seller has by then been paid. This is the part of the transaction buyers consistently underestimate: you take on a withholding agent's liability by signing an agreement with a non-resident seller. The protection is procedural. Get the seller's tax identifier verified, get the deduction computed before completion, and keep the proof of deposit and the reporting with the property papers.

The seller says no deduction is needed — can I rely on that?

No. A seller's assurance carries no weight against your own obligation. The only thing that reduces the deduction is a certificate from the Indian tax authorities authorising a lower rate, obtained by the seller before the transaction, naming the payer, the payee and the period it covers. Without that certificate you have no discretion to withhold less, however convincing the seller's computation looks. If the seller intends to apply for one, that application belongs in the transaction timetable, because it cannot be produced after the money has moved.

Do I need my own tax deduction account to buy from an NRI?

Yes, and it is the step that most often holds a completion up. Deducting and depositing requires the buyer to hold a deduction account in their own name, and the deposit is made against the seller's identifier using it. Buyers who have never deducted tax before generally do not have one, and applying for it in the last week before completion is how deadlines get missed. Start with the account, then the computation, then the question of whether the seller is applying for a certificate, in that order.

Can I deduct less because the seller says he made a loss?

Not on your own. Whether the seller has a large gain, a small one or none at all is a question about the seller's tax, and your deduction under section 195 is not computed on it. Only a certificate authorising a lower or nil deduction, granted before the transaction, lets you depart from the ordinary rate, and the seller obtains it by putting the computation and the cost evidence in front of the tax authorities rather than in front of you. If the money has already been withheld, the seller's route is an Indian return.

How do families with assets in two countries handle inheritance?

With paperwork built for both systems rather than one. In practice that means wills that work where each asset actually sits, an executor with authority a foreign bank or land registry will accept, clearance certificates before the estate distributes so the executor is not left personally exposed, and an estate tax exposure calculation done while the person is alive and can still act on it. Doing it afterwards costs more and forecloses most of the options. See cross-border wills and trusts.

How do I claim tax treaty benefits?

Two moments, and the earlier one matters more. Before a payment is made, you give the payer a declaration so they withhold at the treaty rate rather than the domestic one — a W-8BEN for a US payer, an NR301 for a Canadian payer, a residency certificate and Form 10F for an Indian one. After the year ends, you claim the position on a return, and the United States often wants it disclosed there in its own right. Claiming late means asking for a refund instead. See NR301 declarations.

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