Economical Buying or selling property in India

NRIs in Canada and the US with Indian property, deposits and inherited assets, and returning Indians inside the transitional residency window. Economical buying or selling property in India with a fixed fee agreed in writing before any work starts. Call the 24-hour helpline on +1 (416) 619-0068, or request a written quote today.

  • 15+Years of cross-border experience
  • 18,000+Clients served
  • 5.0Google rating
  • 4Global offices — India, USA, Canada & UAE

Secure a fixed quote

Begin with the papers you already have. The engagement is priced from them, in writing, before the work.

24-hour helpline: +1 (416) 619-0068
  • 24-hour helpline: +1 (416) 619-0068
  • Offices in India, the USA, Canada and the UAE
  • Fixed fee agreed before work starts
India in 60 words

India's year runs April to March and it collects tax at source on most non-resident receipts before any exemption is considered, so the Indian filing is usually a reconciliation and refund exercise mapped onto a calendar-year foreign return. For expats the India question is rarely whether tax is due here; it is whether the country you left still counts you as resident, which is where this page starts.

Who we act for here

NRIs in Canada and the US with Indian property, deposits and inherited assets, and returning Indians inside the transitional residency window.

Regional filing pattern

Asian systems vary widely in year end and in how residency escalates with years of presence, so the length of a posting can change the taxable base rather than only the rate.

The question that decides it

India's year runs April to March and it collects tax at source on most non-resident receipts before any exemption is considered, so the Indian filing is usually a reconciliation and refund exercise mapped onto a calendar-year foreign return.

Buying or selling property in India

This page takes the India corridor and narrows it to one situation. The general position is on the India country guide; what follows is what changes for this specific case.

The purchase decides the sale. Cost, closing costs, capital additions and any depreciation claimed along the way all feed the eventual gain computation in both countries, and reconstructing them years later is the expensive version.

Two of the firm’s advisers at the glass desk in the Delhi office

What buying or selling property in India costs here

Buying or selling property in India is priced on whether a lower-deduction certificate has to be obtained before the sale completes, and on how many co-owners are on the deed, since each one needs their own application and their own filing. Reconstructing the cost of a flat bought decades ago, or inherited, is the other thing that moves the fee.

Non-resident & departure filings

From $349

fixed, quoted before work starts

Non-resident filings and the two part-year returns a move produces, sequenced so neither country taxes the same income twice.
See the fee schedule

Individual tax filing

From $349

fixed, quoted before work starts

One engagement for a personal return that touches more than one country: the income, the assets held abroad and the relief claimed against them.
See the fee schedule

Foreign asset & information reporting

From $349

fixed, quoted before work starts

Accounts, property and company interests held outside the country of residence, reported on the schedules that carry penalties whether or not tax is owed.
See the fee schedule

Estate & trust filing

From $799

fixed, quoted before work starts

For an estate holding property in more than one country, or a trust with beneficiaries who are taxed somewhere else.
See the fee schedule

Catch-up & voluntary disclosure

From $349

fixed, quoted before work starts

Bringing an unfiled history current: which years are still open, which programme applies, and what the exposure is before you commit.
See the fee schedule

Corporate cross-border filing

From $999

fixed, quoted before work starts

The corporate return and its cross-border schedules as one engagement, so the group files a consistent position everywhere.
See the fee schedule

Payroll & mobility setup

From $999

fixed, quoted before work starts

The employer side of mobility — where to register, what to withhold, and what to report once someone works across a border.
See the fee schedule

Transfer pricing documentation

From $2,500

fixed, quoted before work starts

The transfer pricing file a group needs when goods, services or finance move between its own companies across a border.
See the fee schedule

All published fees on one page — the complete list of what each engagement costs, stated as figures rather than ranges.

Do you still file at home?

It depends entirely on which system claims you. Canadian residence is a facts test — home, family, economic connections — and it ends when those end. US citizenship is not a facts test at all: the filing obligation continues in India exactly as it would at home. Indian residence is arithmetic, applied to days, with a transitional status that matters enormously to anyone moving back.

India's year runs April to March and it collects tax at source on most non-resident receipts before any exemption is considered, so the Indian filing is usually a reconciliation and refund exercise mapped onto a calendar-year foreign return.

Residency and the tie-breaker

Dual residence is common and it is resolved by sequence, not by argument. If a treaty applies, it asks first where the permanent home is; then where the centre of vital interests lies; then where the habitual abode is; then nationality. Most cases are settled by the first or second test, so that is where the documents should be concentrated.

One check comes before every treaty position: is there a treaty in force for this year, and does the article still read the way it did? Protocols and the multilateral instrument have rewritten parts of the network, so we verify rather than assume.

Income by type: who taxes what

How each income type is treated in this corridor
Income typeGeneral treatment
Business profits from a local branchTaxable locally only to the extent attributable to a permanent establishment, computed as if the branch dealt at arm's length with the head office.
Rental income from property thereAlmost always taxable where the property is situated, often by withholding on gross rent unless a net-basis election is made.
Capital gain on property thereGenerally taxable where the property is situated, with the home country taxing the same gain and giving credit.
Royalties on work created before you movedSourced by where the right is exploited rather than where it was created, so the income can be taxable in a country you have never worked in.
Gains on shares deriving value from local propertyCommonly treated like the underlying property rather than like ordinary shares, which reverses the usual answer on share gains.
Fees for professional servicesTaxed where the services are performed, subject to any independent-services or business-profits article and to local withholding on gross fees.
Social security and state pensionsTreated differently from private pensions in most treaties, and sometimes reserved entirely to one state.

The local nuance

India's year runs April to March and it collects tax at source on most non-resident receipts before any exemption is considered, so the Indian filing is usually a reconciliation and refund exercise mapped onto a calendar-year foreign return. That detail is specific to this corridor, and it is the one that most often changes the answer once the general rules have been applied.

If your position runs mostly in one direction, the Canada ↔ India cross-border tax page carries both filing calendars side by side, the treaty article by article, and the withholding table.

We also publish regional pages for India — states, provinces and major centres — at our India regional index, which is the better starting point if your question is about a specific state or province rather than the country as a whole.

The numbers, end to end

Worked through with figures, the mechanism looks like this.

Credit relief on one stream of income

Take C$70,000 of income taxed in both countries. Assume the other country charged 32% on it and the home country would charge 27% on the same amount.

Credit relief on one stream of income
ItemAmount
Income taxed in both countriesC$70,000
Tax paid abroad (assumed 32%)C$22,400
Home tax on the same income (assumed 27%)C$18,900
Credit available (lesser of the two)C$18,900
Home tax still payableC$0

The credit fully absorbs the home liability on this income, so nothing further is payable at home — but the return still has to be filed and the credit still has to be claimed, by category and by country. Change any one of those inputs and the answer moves, which is why we run it on your own figures rather than on an illustration.

These amounts illustrate the mechanism only. The rates and thresholds are assumptions of the example, not your numbers: each is checked against the issuing authority for your specific tax year before any return is filed.

Three mistakes we see most

  1. Letting the payer apply the default withholding rate because the residency documentation was not in place before the payment. Recovering it afterwards costs several times what documenting it would have.
  2. Treating a residence permit or a visa category as a tax answer. Immigration status and tax residence are decided by different tests.
  3. Applying for a certificate after the payment or the closing instead of before it, which turns a rate reduction into a refund claim.
  • Nothing is filed until you have read it.
  • Consultations scheduled to your working day rather than ours.
  • Your existing accountant keeps the domestic file; we take the cross-border piece, with the boundary in writing.

If that describes your position, the next step is a short call — not a form.

Reviewed against current guidance for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. General information, not advice for your circumstances — call our 24-hour helpline to discuss your own position.

Where taxes for expats comes into this file

Readers arrive here searching for taxes for expats, and buying or selling property in India is what the page is about. Below: who it catches, what has to be filed, and what it costs — quoted in writing, before anything is done.

NRIs in Canada and the US with Indian property, deposits and inherited assets, and returning Indians inside the transitional residency window.

From first contact to filed return

  1. Send the documents as they are

    No tidying required — forward what you have and we tell you what is missing.

  2. Get a fixed quote in writing

    Priced from your actual documents before any work begins, not estimated after.

  3. Both countries prepared together

    One team builds the filings against each other so the relief lands exactly once.

  4. Review, then file

    You approve the finished work before we file it.

What you are actually buying with buying or selling property in India

Factor Legal Quotient Hourly billing model
Pricing A fixed fee, agreed in writing before work starts Hourly, billed as incurred
Experience 15+ years of cross-border work, 18,000+ clients Varies by file
Both sides of the border Prepared together by one team, so relief is claimed exactly once One country at a time, reconciled later
Who reviews it A named practitioner, published on the page Whoever the queue reaches
Where the work happens Our offices in India, the USA, Canada and the UAE Whichever single office you can travel to

Key terms behind this page, defined

Restricted share unit
An equity award generally taxed at vest, which means an employee who moved between grant and vest owes tax in a country they have left.
Taxable surplus
A pool of foreign affiliate earnings whose distribution to Canada attracts Canadian tax with a deduction for underlying foreign tax.
Schedule FA
The foreign asset schedule of the Indian return. There is no value threshold — one foreign account is enough to require disclosure.
Zero-rated supply
A taxable supply charged at nil, which preserves input tax recovery — unlike an exempt supply, which does not.

The published fees closest to buying or selling property in India

The second band is the work after completion: repatriating the proceeds through the bank certification the remitting branch asks for, and reporting the same gain again on the home return with credit for the Indian tax. What sets that fee is how many remittances are made and whether the purchase documents are in the seller's name throughout.

Individual tax filing

$349fixed, before work starts

Covers: Returns for people whose tax position did not stay in one country, including the years residence itself is in question.

See this fee page

Foreign asset & information reporting

$349fixed, before work starts

Covers: Accounts, property and company interests held outside the country of residence, reported on the schedules that carry penalties whether or not tax is owed.

See this fee page

Why choose Legal Quotient for buying or selling property in India

A named reviewer on every file

Every page on this site and every file we deliver says which practitioner reviewed it — a person, not a team inbox.

Filed with the authority, not just prepared

The engagement runs to submission and to the correspondence that follows it, including the queries that arrive months later.

The quote comes from your documents

Nothing is priced from a phone call. We read what you have first, then the fee is set — so the scope and the number are agreed on the same evidence.

The order of filing is planned, not improvised

Which return goes first decides whether relief can be claimed at all. That sequence is worked out before anything is submitted.

The team at work in the open-plan office

How the engagement runs, phase by phase

Step 1

Initial call

A short call to work out what actually applies to you and what does not

Step 2

Scope and fee

A written quote against a defined scope, with nothing billed by the hour

Step 3

Preparation and review

We prepare, a named reviewer checks it, and you see it before it goes

Step 4

Filing and payment

You approve, we file, and only then do you pay

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

The engagement, start to finish

  • Step 1: Hand over the paperwork in any state – Sorting it is our job. Send what exists and we identify what is missing from it.
  • Step 2: Priced before a single form is opened – The fee comes from the documents, agreed in writing, and stays where it was agreed.
  • Step 3: One position across every return – The same facts, filed consistently on each side, so nothing contradicts anything else.
  • Step 4: Filed after you have read it – The completed work reaches you before it reaches an authority.

Quoted up front, in writing.

Contact Us 24-hour helpline +1 (416) 619-0068

Keep reading, sideways

Every link below is a full page of its own — the same depth as this one, for its own subject.

The work we do for clients like this

Form NR6 — undertaking to file a section 216 return The full guide to NR6 undertaking to file section 216, with the fee fixed before any work starts.
Residency planning Its own page: residency planning — mechanism, deadlines and published fees.
Shadow payroll Everything on shadow payroll, at the same depth as this page.
Form T106 — non-arm's-length transactions T106 non arms length transactions — the guide, the FAQ and the fixed fee.
Form W-8BEN-E — entity treaty claim for Canada The full guide to w8ben Canada tax treaty, with the fee fixed before any work starts.
Canada–India DTAA explained Its own page: Canada India DTAA explained — mechanism, deadlines and published fees.
Form T3 — trust return with foreign income Everything on t3 trust return foreign, at the same depth as this page.
Form 49A — PAN (residents) (India) Form 49a India — the guide, the FAQ and the fixed fee.
RSUs across borders The full guide to rsus across borders, with the fee fixed before any work starts.

Who we bring this work to

Tax for defence contractors The full guide to defence contractors tax, with the fee fixed before any work starts.
Investors & property owners cross-border tax Its own page: investors & property owners cross border tax — mechanism, deadlines and published fees.
Non-resident landlords — what you owe in each country Everything on non-resident landlords what you owe in each country, at the same depth as this page.
Tax for pharmacists Pharmacists tax — the guide, the FAQ and the fixed fee.
Tax for management consultants The full guide to management consultants tax, with the fee fixed before any work starts.
Freight forwarders cross-border tax Its own page: freight forwarders cross border tax — mechanism, deadlines and published fees.
Physicians & surgeons — what you owe in each country Everything on physicians & surgeons what you owe in each country, at the same depth as this page.
Oil & gas rotational workers — what we charge Oil & gas rotational workers what we charge — the guide, the FAQ and the fixed fee.
Oil & gas rotational workers — your filing calendar The full guide to oil & gas rotational workers your filing calendar, with the fee fixed before any work starts.

Where our clients live and work

Moving to Australia — the tax year you leave The full guide to moving to Australia, with the fee fixed before any work starts.
Buying or selling property in Hong Kong Its own page: buying or selling property in Hong Kong — mechanism, deadlines and published fees.
Buying or selling property in Netherlands Everything on buying or selling property in Netherlands, at the same depth as this page.
India–Australia tax corridor India Australia tax — the guide, the FAQ and the fixed fee.
Moving back from Switzerland — re-establishing residency The full guide to moving back from Switzerland, with the fee fixed before any work starts.
Retiring in Ireland — pensions & withholding Its own page: retiring in Ireland — mechanism, deadlines and published fees.
Moving back from Ireland — re-establishing residency Everything on moving back from Ireland, at the same depth as this page.
Moving back from Italy — re-establishing residency Moving back from Italy — the guide, the FAQ and the fixed fee.
Moving to Qatar — the tax year you leave The full guide to moving to Qatar, with the fee fixed before any work starts.

The people on your file

Five named practitioners, each with the part of a cross-border file they carry. Every page on this site says who reviewed it, and the reviewer is one of these people rather than an unnamed team.

Udit Gupta

Udit Gupta

Cross-Border Tax Expert

CA (ICAI), In-Depth Tax Trained

Reviews and signs off the practice's cross-border positions, and carries final responsibility for the treaty analysis on every file that leaves the office.

Abhinav Gupta

Abhinav Gupta

Canada Tax / International Tax

Canada Tax, International Tax, Cross-Border Tax, Transfer Pricing

Canadian returns with foreign income, non-resident filings, and the transfer-pricing documentation that runs alongside intercompany work.

Raghav Gupta

Raghav Gupta

International Tax

International Tax, Transfer Pricing Specialist

Benchmarking, method selection and the local-file and master-file sets that support a group's pricing policy under examination.

Anmol Mittal

Anmol Mittal

Canada and US tax

CPA Canada, CPA USA, CA (ICAI)

Files that have to be right on both sides of the border at once — dual filings, streamlined catch-ups, and the foreign tax credit reconciliation between them.

Vinayak Indolia

Vinayak Indolia

CFO advisory

CPA, CA. Fractional CFO and Senior Advisory Specialist

Groups that need the tax position and the finance function to agree: structure reviews, intercompany policy, and the reporting a board can act on.

Meet the whole team

Files that look like this one

Case study 1

An NRI Selling Indian Property With Tax Withheld on the Price

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 until a return is assessed.

Read how this one runs
Case study 2

Canadian Pension Paid Abroad and Taxed at the Flat Rate

Pension and annuity payments to a non-resident carry a flat withholding that often exceeds what a return would produce. The alternative filing is elective, and whether it helps depends on the total income for the year rather than on the payment alone.

Read how this one runs
Case study 3

Green Card Kept, Moved to Canada — Both Returns Still Due

Holding a green card does not end the US filing obligation, and living in Canada starts a Canadian one. The engagement fixes residence under the treaty tie-breaker, then decides which return the relief is claimed on so the two do not contradict each other.

Read how this one runs
Case study 4

Withholding Reduced by the Right Article

Dividends, interest and royalties each have their own article and their own rate, and the payer applies whichever it is satisfied of. Establishing entitlement before payment is what secures the lower rate at source.

Read how this one runs
Case study 5

Whether the Year Made Someone an NRI

Indian residence is decided by presence tests applied to the financial year, and a single trip can change the answer for the whole of it. The status is established before any return or exemption is considered.

Read how this one runs
Case study 6

The Year of Leaving India

The departure year carries a transition status with its own treatment of foreign income, and the position for the following years follows from how it is set. Getting the first year right saves arguing about the rest.

Read how this one runs
Case study 7

Three Countries in One File and Two Treaties That Disagree

Income sourced in one country, paid to a resident of a second, held through an entity in a third: three bilateral treaties, no three-way rule. The analysis works out which pair governs each flow, and whether the middle entity is entitled to anything at all.

Read how this one runs
Case study 8

The Same Income Taxed Twice on Paper

Relief usually exists and is lost to sequence: one country taxes at source and the other credits it, and preparing them in the wrong order claims a credit against a figure nobody has computed.

Read how this one runs

All case studies — every published engagement in one place.

Core International & Cross-Border Tax Services

International Tax Planning & Advisory

Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

U.S. & Cross-Border Tax Returns

Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

Expat & Emigration Tax

The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

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.

Canadian Tax with a Foreign Element

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.

UAE Tax for Expats & Their Home Country

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.

Industries & Client Types We Serve Worldwide

Global E-commerce & Marketplaces
Technology & SaaS
Professional Services Firms
Cross-Border Real Estate
Importers, Exporters & Manufacturers
Athletes, Artists & Entertainers
Remote Workers & Digital Nomads
Investment Funds & Holding Companies

Global E-commerce & Marketplaces

  • Foreign VAT / GST / sales tax registrations
  • Marketplace withholding reviews
  • Inventory nexus & PE analysis
  • Multi-currency books reconciled
Explore E-commerce & Marketplaces

Technology & SaaS

  • Cross-border revenue sourcing & withholding
  • IP structuring with real substance
  • Equity for cross-border teams
  • U.S. expansion: entity & PE setup
Explore Technology & SaaS

Cross-Border Real Estate

Foreign property income and sales are taxed in both countries by default; Section 216, FIRPTA and treaty credits are the standing toolkit.

Property is taxed where it sits, which is the one rule no treaty overrides. What the treaty does decide is the credit, the rate on the rent and what happens on the sale — and the clearance certificate on a disposition is applied for before closing, not after the buyer has already held the money back.

  • Section 216 rental returns
  • FIRPTA withholding recovery
  • Section 116 clearance
  • Treaty credit optimization
Explore Real Estate

Importers, Exporters & Manufacturers

  • Transfer pricing documentation (s.247)
  • Customs value vs transfer price
  • Foreign affiliate reporting (T1134)
  • Country-by-country reporting
Explore Trade & Manufacturing

Athletes, Artists & Entertainers

  • Reg 105 & U.S. CWA agreements
  • Multi-state & country calendars
  • Touring income allocation
  • Royalty & image-rights withholding
Explore Athletes & Entertainers

Remote Workers & Digital Nomads

  • Residency analysis before moving
  • Employer payroll exposure
  • Totalization & social security
  • Foreign tax credits
Explore Remote Workers

Investment Funds & Holding Companies

  • Treaty access & PPT reviews
  • FAPI & surplus computations
  • Withholding-efficient routing
  • Governance & substance
Explore Funds & Holdcos

India — questions we are asked

Do I have to file at home while living in India?

Residence decides it, and residence is a question of facts rather than of where your post arrives. The one exception is US citizenship, which carries the filing obligation with the person wherever they go. So the first thing we establish is which system still claims you.

Is there a treaty between my country and India?

Possibly, and the version in force for your year is the one that matters — protocols and multilateral-instrument positions change what a treaty does without changing its name. We check it against the authority rather than a summary. Where no treaty applies, domestic relief takes over.

I own property in India. Where is the rent taxed?

Where the property is. That is close to universal, and it usually arrives as withholding on the gross rent rather than as a return on the profit — which is why the election onto a net basis, where India offers one, is normally the first thing to check. Your home country taxes the same rent and credits what was paid.

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 get a refund of TCS collected on a foreign remittance?

You claim it on your Indian return for that year. The collected amount is credited against your total tax, and if it exceeds the tax due the balance is refunded like any excess payment. Two practical conditions: the collector must have filed its statement so the credit appears in your annual tax statement, and your PAN must be correctly recorded on the remittance. A salaried remitter can also ask their employer to account for it against salary withholding. See LRS limits and TCS.

Can I avoid capital gains tax on a foreign property?

Not by virtue of it being foreign — there is no exemption for that, and the "keep it offshore" advice you may have read is how people acquire penalties rather than savings. What genuinely reduces the gain is ordinary and legitimate: principal residence relief where the property qualifies and the designation is made correctly, a properly built cost base including acquisition costs and capital improvements, the timing of the disposition, the treaty rules for real property, and credit for the foreign tax paid. See principal residence and foreign property.

Meet us in person at any of our offices

Let us take your India filing off your desk

One call to the 24-hour helpline is enough to tell you what has to be filed, what it costs, and whether you need us at all.

  • A named reviewer signs off every filing
  • 24-hour helpline, +1 (416) 619-0068
  • Offices in India, the USA, Canada and the UAE

Our practitioners are alumni of leading accounting and tax institutions

Where our partners studied — CPA Canada (In-Depth Tax Program), AICPA, the Institute of Chartered Accountants of India and the Malaysian Institute of Accountants.

Request a Quote +1 (416) 619-0068