Form 13 lower TDS benefit estimator

When a non-resident sells Indian property the buyer withholds on the full sale consideration, not on the profit. This shows both figures side by side, and what the difference costs you while you wait for the refund.

India and the DTAA Updates as you type Nothing is sent anywhere

The sale

The whole price. This is the base the buyer withholds on.

What you paid, adjusted as your computation allows for the year of transfer.

Capital additions, on the same basis as the cost above.

Brokerage, legal fees and anything else wholly incurred on the transfer.

%

Your own figure for the year of transfer. The rate and the indexation position both changed in 2024, so confirm which applies.

%

A percentage of the tax. It steps with income and is capped; check your band.

%

Charged on tax plus surcharge.

months

From the withholding to the money coming back. Twelve to eighteen is common.

%

What the blocked money would have earned or cost you over that period.

Cash locked up without a certificate

Withholding as a share of the sale price

A certificate would free cash
Capital gain
Effective rate including surcharge and cess
Withheld on the whole price
Tax on the actual gain
Withholding as a multiple of the real tax
Cost of carrying the blocked money
Proceeds at closing without a certificate
Proceeds at closing with one

The base is the price, not the profit

For a resident seller, withholding on an Indian property sale is a small percentage of the price and everyone treats it as an advance. For a non-resident seller it is the capital gains rate applied to the entire sale consideration. On a property that has doubled, that is roughly twice the tax that will finally be due. On a property sold at a small profit it can be many times it.

The money is not lost. It is credited on the return and refunded. But it is out of your hands from the day of the sale until the refund is processed, which is often more than a year — and it is usually the money you were relying on for the next purchase.

What the certificate does, and when to start

The remedy is an application to the assessing officer for a certificate authorising deduction at a lower rate, or none. The officer looks at your computation of the gain and, if satisfied, issues a certificate the buyer withholds under instead. The withholding then tracks the real tax rather than the price.

The application takes time, and it has to be granted before the payment is made — a certificate issued after completion does nothing for that transaction. Start when the sale is agreed, not when the buyer asks for bank details. Note also that India's tax code was renumbered with effect from the 2026 tax year, so confirm the current form number and section reference before filing.

Worked example

A flat bought years ago for 90 lakh is sold for 1.5 crore, with 5 lakh of improvements and 2 lakh of transfer expenses. The gain is 53 lakh.

  1. Tax on the gain at the rate you enter, grossed up for surcharge and cess, is the figure the return will finally show.
  2. Withholding on the whole 1.5 crore at the same effective rate is several times that number.
  3. The difference sits with the tax department for the months you enter, and the carrying cost of it is priced in the readout.

Set the months to zero and the carrying cost disappears but the blocked cash does not. Cash flow and cost are two separate problems, and the certificate solves both.

What this calculator assumes

  • No rate is asserted. The base rate, the surcharge and the cess are yours to enter for the year of transfer; the rate and the indexation position both changed during 2024.
  • The same effective rate is applied to the gross price and to the gain, which is the comparison the certificate is about. A certificate granted at a different rate should be entered as the base rate instead.
  • Exemptions for reinvestment in a house or in specified bonds are not modelled, and they can remove the gain entirely. Where you are claiming one, the certificate application is the place to show it.
  • The carrying cost is simple interest on the blocked amount over the months you enter. It is an opportunity cost, not a charge anyone levies.

An estimate, not advice. This is an estimate built from what you typed, not advice on your file. Nothing here reads your documents, checks your treaty article or looks at the year you are actually in. Where the number matters, we agree a fixed fee in writing before any work starts.

Where these figures come from

Any figure prefilled in the panel above is stated with the year it belongs to and can be changed. Rates and thresholds move; a calculator that asks you for the current one stays right, and one that hides a guess does not.

What these engagements turn on

Case study 1

Indian Rent Collected While Resident Somewhere Else

Rent from Indian property is taxed in India and again where you live, with relief on one side only. The file gets the Indian deduction right first, then claims the credit on the home return against what was actually paid.

Read how this one runs
Case study 2

An Indian Company Paying a Foreign Supplier

Payments abroad carry deduction at source and a certification filed before the money moves. Whether the treaty reduces the rate depends on what is being bought, and the classification is the decision the whole filing rests on.

Read how this one runs
Case study 3

Deduction at Source on Deposit Interest, Recovered

Where the treaty rate is lower than what was deducted, the difference comes back through a return rather than at source. The file establishes entitlement and files for the years still open.

Read how this one runs
Case study 4

A Certificate Obtained Before the Money Moved

An application for a reduced or nil deduction is made in advance and decided on the computed liability, not on the gross amount. Applying after the payment leaves a refund claim in place of a certificate.

Read how this one runs
Case study 5

Interest and Penalties Put to a Relief Application

Relief is discretionary and is decided on the circumstances that caused the delay, evidenced year by year. The application is built from the same chronology the filings rest on, so the two cannot contradict each other.

Read how this one runs
Case study 6

One Employee in a State Nobody Had Registered In

A single person working from home can create payroll registration, withholding and sometimes an income tax filing for the company in that state. The review measures activity against each state's own threshold.

Read how this one runs
Case study 7

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 8

A Residency Determination Review After Leaving the Country

Residence is decided on ties, not on a form, and the review asks for evidence of every one of them. The file assembles the ties that were severed and the ones that remained, and answers the questionnaire against the treaty rather than around it.

Read how this one runs

All case studies — every published engagement in one place.

Core International & Cross-Border Tax Services

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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.

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

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

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

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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.

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Investment Funds & Holding Companies

Holding structures live or die on treaty access, beneficial ownership and substance — the MLI's principal-purpose test now sits over every arrangement.

A holding structure is only as good as its reporting. Foreign affiliates, accrued passive income and distributions each carry their own return, and the penalties on those attach to the form rather than to any tax being owed — so a structure that saves tax can still cost money if the information returns are late.

  • Treaty access & PPT reviews
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Explore Funds & Holdcos

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Frequently asked questions

Because the withholding provision for payments to a non-resident applies the capital gains rate to the consideration, and the buyer has no way to verify your cost. The gain is only established when you file, or when a certificate says otherwise.
It does not reduce the tax, it reduces what is withheld. The saving is the cash freed at completion plus the cost of not having it for the months until the refund — both are shown separately above.
As soon as the sale is agreed. The certificate has to be in the buyer's hands before the payment is made; one issued afterwards does nothing for that transaction.
Yes, which is why buyers are cautious. A buyer who under-withholds is liable for the shortfall with interest, so a buyer will almost always withhold on the gross price unless a certificate says otherwise.
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