OCI ( Overseas Citizen of India ) buying property in India

Tax queries 348 views 1 replies
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Self Employed
53 Points Joined June 2020

he below questions are in the context of of a foreign citizen but having OCI buying property in India.

  1. Is a PAN card mandatory for an OCI  living abroad to buy property in India ?
  2. Is an OCI eligible to buy property in the name of his major children with OCI card ( above age of 18 ) and rent out property in India ?
  3. Will an OCI get the LTCG benefit of section 54 of the income tax if he decides to sell his property and invest in another residential property ?
  4. If the OCI had bought the property when he was a resident of India, but currently is a tax resident of his country of his citizenship and is about to register the property , then are there any RBI regulations to follow for registration or is the process similar to that of a resident Indian ?
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On 25 June 2025 at 09:10 Report
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Master in Accounts & high court Advocate
9434 Points Joined December 2011

Let's address each of your questions regarding an OCI (Overseas Citizen of India) buying property in India:

 *1. PAN Card Requirement for OCI Buying Property in India:* While a PAN card is generally required for various financial transactions in India, including property purchases, an OCI might not necessarily need a PAN card to buy property.

 However, having a PAN card can simplify tax-related matters. It's advisable to consult with a tax consultant or legal expert to understand the specific requirements and implications.

*2. Buying Property in the Name of Major OCI Children:* An OCI can buy property in India, and there's no restriction on buying property in the name of their major children who are also OCIs. 

However, the legal and tax implications should be carefully considered. Renting out the property would also be possible, but tax implications in India and the country of residence should be evaluated. 

*3. LTCG Benefit under Section 54 for OCIs:* Section 54 of the Income-tax Act provides exemption from long-term capital gains tax if the gains from the sale of a residential property are invested in another residential property within a specified period. 

While the benefit is generally available to residents, an OCI might also be eligible if they fulfill the conditions specified in the section. 

However, tax residency status and specific circumstances would influence the applicability. *4. RBI Regulations for Property Registration:* 

If an OCI who was previously a resident of India and is now a tax resident of another country wishes to register a property in India, they would need to comply with the Foreign Exchange Management Act (FEMA) regulations. 

Generally, OCIs are treated similarly to NRIs (Non-Resident Indians) for property acquisition purposes, and specific reporting requirements might apply. 

It's crucial to follow the current RBI guidelines and possibly consult with a legal expert or financial advisor to ensure compliance. 

Given the complexity of tax and regulatory laws, consulting with experts who are up-to-date with the latest regulations would be beneficial for making informed decisions.

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On 25 June 2025 at 10:27


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