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NRI Property Sale TDS Calculator

The number that shocks every first-time NRI seller: the buyer must deduct tax on your full sale price, not your profit. See the size of the problem for your sale, and what a certificate would save. Runs in your browser; nothing you type is sent anywhere.

NRI Property Sale TDS Calculator

Section 195 / 393 · illustrative
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Registration and improvement costs can usually be added to your purchase cost. Ask a CA what qualifies.
TDS the buyer must deduct
₹17.9 L
≈ 14.95% of the full sale price
Estimated actual tax₹8.6 L
Extra cash locked up₹9.3 L

Illustrative estimate, not tax advice. Rates follow the rules in force at the time of writing and change with each Finance Act. Your total income affects the surcharge. Always confirm with a chartered accountant before acting.

What this estimator shows

When the seller of an Indian property is a non-resident, the buyer deducts TDS under Section 195 (Section 393 of the Income-tax Act, 2025), at the seller's capital gains rate, applied to the entire sale consideration unless a certificate says otherwise. The estimator computes that default deduction, then computes the tax you would actually owe on the gain, and shows the difference: your own capital, locked with the tax department until a refund arrives a year or more later.

For a long-term sale (held over 24 months) the rate is 12.5% plus surcharge and cess, roughly 13% to 14.95% depending on the sale value. Short-term sales are taxed at your slab rate with TDS around 30% plus surcharge and cess, which is why sellers who can wait out the 24 months almost always do.

Sale priceHoldingEffective TDS on the full price*
Up to ₹50 lakhLong-term (24 months+)~13%
₹50 lakh to ₹1 croreLong-term~14.3%
Above ₹1 croreLong-term~14.95%
Any priceShort-term (under 24 months)~30%+ at slab rate

*Base 12.5% on the gain grossed up by the surcharge tier and 4% cess, applied to the full sale price when there is no lower-deduction certificate (Form 128, formerly Form 13); higher surcharge applies to very large gains. Rates change with each Finance Act.

The lock-up this creates is the real problem. On a ₹1.2 crore long-term sale the buyer must withhold about 14.95%, roughly ₹18 lakh, even if your actual gain is only ₹40 lakh. The tax truly due on that gain is nearer ₹6 lakh, so about ₹12 lakh of your own money sits with the tax department until you file and claim the refund, often a year or more later. A lower-deduction certificate is what closes that gap up front.

What to do about the number you just saw

If the sale hasn't completed yet, the fix is a lower-deduction certificate: Form 128 (Form 13 until 31 March 2026), applied for before registration, which instructs the buyer to deduct only the real tax. The full sequence, including why you need the buyer's details first and how long the certificate takes, is in our TDS guide. Reinvestment exemptions under Sections 54 and 54EC (now Sections 82 and 85) can shrink the gain itself, sometimes to nil; the capital gains guide covers those.

And once the tax side is settled, moving the proceeds abroad is its own process, Form 15CA/15CB (Forms 145/146 since April 2026) and the USD 1 million per year limit, explained in the repatriation guide.

Buying from an NRI seller rather than selling? This estimator and the guide above are written from the seller's side; our buyer's TDS guide covers your obligations, the TAN route, and the simpler PAN-based Form 141 route open to individual and HUF buyers since 1 October 2026.

Quick answers

Why is the TDS so much higher than my actual tax?
Because without a certificate the buyer must deduct on the full sale price, not your profit. The buyer has no legal way to know what you paid for the property, so the law makes them withhold on everything. Your actual tax is computed on the gain when you file your return, and the difference comes back as a refund.
How do I avoid the excess deduction?
Apply for a lower-deduction certificate (Form 128 under Section 395 of the Income-tax Act, 2025; formerly Form 13 under Section 197) before the sale completes. The assessing officer computes your expected gain and instructs the buyer to deduct only the tax on that. Budget several weeks to a couple of months for it, and read our TDS guide for the sequence that works.
Are these the exact rates that will apply to my sale?
No, this is an estimate. It applies the post-July-2024 regime, 12.5% on long-term gains without indexation, plus the surcharge tier and 4% cess, and uses your gain as a proxy for the surcharge on actual tax. Rates change with each Finance Act and your total income affects the surcharge, so confirm the current figures with a chartered accountant.
When does the buyer deduct and deposit the TDS?
At the time of payment. The buyer withholds the TDS from what they pay you, deposits it with the government, reports it and issues you a TDS certificate as proof (Form 131, formerly Form 16A, when the buyer files through a TAN). You claim credit for it, and any refund, when you file your Indian return for that year. If the buyer under-deducts, the liability falls on the buyer, not on you.
Can I claim the excess TDS back?
Yes. Any TDS withheld above your actual tax is refundable when you file your income tax return for that financial year, which reconciles the tax due on your gain against what was deducted. The catch is timing: the refund can take many months, which is the whole reason a lower-deduction certificate (Form 128, formerly Form 13) obtained before the sale is worth the effort.

How we researched this calculator

We write this calculator from primary sources first: the bodies that actually make, administer or enforce the rules described above, rather than second-hand summaries of them. Where this page states a rate, a threshold, a form number or a deadline, it is traced back to one of the following, and the full list below records which claim each source supports.

  • Press Information Bureau, Ministry of Finance
  • Income Tax Department, Government of India

Rules in this area change, sometimes mid-year. We re-check tax and foreign-exchange pages after each Union Budget and Finance Act, and we date every page with the last review rather than the last deploy. Our editorial policy sets out the method in full, and our corrections policy explains how to tell us if something here has gone out of date.

Sources & references

  1. CBDT FAQs on the new capital gains tax regime (Budget 2024-25)Press Information Bureau, Ministry of FinanceThe post-23-July-2024 regime of 12.5% on long-term capital gains without indexation, the base rate this estimator grosses up with surcharge and cess.
  2. TRACES - TDS Reconciliation Analysis and Correction Enabling SystemIncome Tax Department, Government of IndiaThe system through which the buyer deposits the deduction and issues the TDS certificate (Form 131, formerly 16A) the seller claims credit for.
  3. Income Tax Department e-Filing portalIncome Tax Department, Government of IndiaWhere a seller applies for the lower-deduction certificate (Form 128 under Section 395, formerly Form 13 under Section 197) that closes the gap this estimator shows, and later files to reclaim any excess.
  4. Utility to check provisions of Income-tax Act, 1961 vis-a-vis Income-tax Act, 2025Income Tax Department, Government of IndiaThe Income-tax Act, 2025 numbers given beside the old ones: Section 195 to 393, 197 to 395, and Forms 13, 16A and 15CA/15CB to 128, 131 and 145/146.

About this calculator

NRI Property Hub creates independent guides and decision tools for Indians living abroad who are researching property in India. We are not a broker, developer, bank or adviser, and we take no commission on any transaction.

Our research prioritises relevant official government, regulatory, tax, banking and RERA sources where applicable. This page is educational information, not legal, tax, investment or financial advice; for a decision that turns on your own circumstances, check the position with a qualified professional.

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