This discussion clarifies Tax Deducted at Source (TDS) and capital gains tax for non-residents selling property in India. Even if the sale value is under 50 lakhs, 20% TDS plus cess applies to non-residents, regardless of Indian origin or holding an Aadhaar card. While the buyer must deduct TDS, sellers can claim a refund of excess TDS by filing an Income Tax Return (ITR). Capital gains tax will be adjusted against the TDS deducted, with any balance refunded upon ITR filing.
09 June 2020
Sir, i live in USA but have a property in India at Hyderabad, Lakdikapul. I am selling it this month. i have given GPA to my cousin, she will sign it on my behalf. please let me know if any TDS or capital gain tax is applicable on this. if so how much
10 June 2020
Sir is it necessary for buyer to deduct TDS from sale amount at the time of payment, can seller claim full refund of TDS later in my case if i come to India and make the sale , will i still be treated a Non resident and TDS applicable. because i have aadhar card as Id proof.
10 June 2020
It's necessary for buyer to deduct TDS from sale amount at the time of payment, seller can claim full refund of TDS later if it's not taxable. If you come to India for a short visit to sell the property you will be considered as nonresdent.