Capital gains to us citizen

WE HAVE A CLIENT WHO HAS RECEIVED A SALE CONSIDERATION OF RS 92,00,000 FORM SALE OF A FLAT, THE SALE TOOK PLACE IN JULY,2012. THE PURCHASE PRICE OF THE FLAT WAS 25,00,000 IN YEAR 2003. MY QUESTIONS ARE AS FOLLOWS :

1)  AS THE INDEXATION FOR YEAR 2012-13 IS NOT YET ISSUED WHAT INDEXATION SHOULD I TAKE TO CALCULATE CAPITAL GAINS ?

2)  HOW MUCH AMOUNT CAN BE REPATRIATE BY A BANK ?

3)  THEIR EXIST A DTAA AGREEMENT BETWEEN US AND INDIA AND THE US CITIZEN WANTS TO PAY TAX IN INDIA SO WHAT ARE THE EXEMPTIONS AVAILABLE TO HIM ?

4)  WHAT RULES OF FEMA ARE TO BE CONSIDERED IN THIS CASE ?

5)  WHAT ARE THE OPTIONS FOR AVOIDING TAX IN INDIA AND USA ?

 

Replies (1)

Indexation is not available to non residents.  I don't think there is any option to pay tax, it has to be paid in India, as the income arises in India from assets situated here.  Section 195 would have also applied to this transaction.  Not sure about the other queries. 

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