TDS Applicability for an NRI

My client purchased a property from an NRI and we have deducted 20% Plus Cess and Surcharge. 

Later the TDS processed with defaults and intimated that the applicable rate is 30%. They have raised demand for short deduction.

1.What is the actual rate of TDS when we are buying property from an NRI?

2.Before we deducting the TDS, whether we need to assess the property holding period if any?

 

Replies (2)
Quick Summary
When purchasing property from a Non-Resident Indian (NRI), the buyer must deduct Tax Deducted at Source (TDS). The applicable TDS rate depends on whether the property sale results in a long-term capital gain (held over 2 years, 20% TDS) or a short-term capital gain (held under 2 years, 30% TDS). Buyers should verify the holding period of the property before deducting TDS to ensure compliance and avoid penalties for short deduction.

If an nri pays tax on income received in India then there are other parameters.
value of the property
pan active or not

When buying property from an NRI, the buyer is required to deduct TDS at the following rates:

  • Long-term capital gain (LTCG):
    If the property sold is classified as a long-term capital asset (held for more than 2 years), the TDS rate is 20% (plus applicable surcharge and cess).

  • Short-term capital gain (STCG):
    If the property is sold within 2 years of acquisition (short-term capital gain), the TDS rate is 30% (plus surcharge and cess).

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
21 August 2026
Accountant

A G International

Kolkata

B.Com

View Details
Company
ARTICLESHIP 01 September 2026
Articles

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Foundation

View Details
Company
08 September 2026
Audit Executive

Thammana & Associates

Srikakulam

B.Com

View Details
Company
21 August 2026
Finance Manager

Resollect Technologies Pvt Ltd

Mumbai

CA

View Details
Company
Featured 19 August 2026
Chartered Accountant

apricus india

Pune

CA

View Details
Company
Featured 12 September 2026
Assistant Manager - Finance & Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
ARTICLESHIP 01 September 2026
Article Assistant

SGNG & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 25 August 2026
CA Article's

Saini Pati Shah & Co LLP

Mumbai

CA Inter

View Details