TDS on Property in Case of NRI

Hello Members,

My Client (Sellers) are NRI's wants to sell Two Flats and further reinvest that Money while Purchase of One Flat. All Money will be Invested in Single Flat. In These Case, Both - Sellers and Purchasers are NRI. There are some Queries in point of Taxation:

1. What will be the Rate of TDS on Deduction on Sale Consideration? .

2. Who will Deduct TDS, as both - Sellers and Purchasers are NRI?

Kindly Guide me for the same.

Thanking You,

Replies (3)
Quick Summary
This discussion addresses the complexities of Tax Deducted at Source (TDS) on property transactions where both the seller and the buyer are Non-Resident Indians (NRIs). The core questions revolve around the applicable TDS rate on the sale consideration and determining who is responsible for deducting the TDS when both parties involved are NRIs. Clarification is sought regarding any specific legal provisions for TDS deduction by NRIs in such scenarios, with the property confirmed to be located in India.

 If the property is situated in India then capital Gain is required to be paid .however, if he wants to reinvest that capital gain amount ten sec 54 series of the Income tax provides Exemption from capital gain tax. If the property is not situated into India then no need of TDS deduction .

So first clarify where the property is situated .

Thanks for your reply. Property is situated in India. But my query is not about the exemption under capital gains. My query is : What will be TDS on property where both buyer and seller are NRI and Who will deduct TDS.

Is there any other legal provision of deducting TDS by NRI?

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