Applicable TDS from british passport holder having OCI card

Please elaborate some details to give your precise suggestions or guidance.

For how much, did you buy the property? 

As far as my concern, TDS on property deducted on the basis of residential status, not how long I have been in the country. 

OCI has dual citizenship, he can be in India without any time limit even no need to inform to police officials. He might have declared his residential status as NRI then he could file ITR as NRI only. Not a resident.

Treatment of TDS to NRI. 

Short Term Capital Gains - you should deduct on income tax slab wise.

Long term capital Gains - you should deduct 20% tax + Surge 10% above 50 Lakhs + Edu-cess 4% = 22% for above 50 lakhs upto 1 cr.

Exceeded 1 cr, it is 23% 

Please ask him to get certificate from concern ITO. Without this certificate, if you deduct TDS lesser amount. Income tax dept leave him and hold you for tax responsibility.

Please consult with your Tax Accountant or Chartered accountant. 🙏 Thanks 

Thank you for reply.

1) property value is at 1.5cr. We haven't purchased yet due to doubt on TDS value

2) Seller has been filing ITR but I'm unsure if that as as resident or as NRI.

Can you please guide me what would be the TDS in this case?

Please discuss with your Tax Accountant or Chartered accountant before buying this property about your tax compliance.

Please ask him approach ITO for his tax exemption or to know tax liability.

He has to give a certificate you which is obtain from IT dept. 

An OCI is a NRI only. Staying more than 182 will not applicable to him.

Thanks 🙏