TDS Rate For Sale Of Immovable Property By NRI Within Short Term Period?

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This discussion clarifies the TDS rate applicable when an NRI sells immovable property within 24 months. It explains that without a Section 197 LDC certificate, the TDS rate is 35% plus surcharge and cess. The process of applying for a lower deduction certificate via Form 13 is also mentioned if the actual tax liability is less than the standard TDS deduction.

Bhauti Soni

Bhauti Soni (Querist)

07 March 2025 what is TDS Rate for sale of property by nri within 24 months? TDS rate for short term property sale by nri? At which tds rate tds should be deducted by buyer?

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

07 March 2025 According to provisions of Section 197 under the Income Tax Act, If the taxpayer's actual tax liability is less than the amount of TDS that will be deducted from his income, then the assessee can file a Form 13 application with Income tax authorities to avail Section 197 LDC certificate as per the Rule 28 of the Income-tax rules. Without the certificate TDS rate u/s. 195 will be 35% + surcharge & cess.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

04 October 2025 Good luck...

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