An NRI selling property in India has three questions: where does the money land, how much tax is held back, and how much can go abroad. This page puts the answers side by side, in the order they come up. It is a reference sheet, so check the current rule with your bank and CA before you act on any row.
1. Where the Money Lands and What Can Leave
Sale proceeds are normally credited to an NRO account. From there, up to USD 1 million per financial year (April to March) can be remitted abroad after tax is paid and the bank has seen the documents. Funds in NRE and FCNR(B) accounts are generally freely repatriable.
| Source of the money | Typical account | Repatriation route | What the bank usually wants |
|---|---|---|---|
| Property bought with funds remitted from abroad | NRO (often) | Inside the annual USD 1 million NRO limit; banks may treat the foreign-funds portion differently, so ask yours | Proof of the original inward remittance, sale deed, tax proofs, Forms 15CA and 15CB |
| Funds already in NRE / FCNR(B) | NRE / FCNR(B) | Generally freely repatriable | Standard remittance request and KYC |
| Inherited property sold | NRO | USD 1 million per financial year | Will or succession papers, sale deed, tax proofs, Forms 15CA and 15CB |
| Rent and other NRO income | NRO | Counts toward the same USD 1 million limit | Tax proofs and Forms 15CA and 15CB |
The two-residential-property rule: FEMA has historically limited repatriation of sale proceeds to two residential properties. How it applies depends on how you acquired the property, so ask your bank and CA before you list.
2. TDS: What the Buyer Deducts and How to Reduce It
| Item | What applies | What to do |
|---|---|---|
| Long-term gain (held more than 24 months) | 12.5% plus surcharge and cess, no indexation | Compute the real gain with your CA |
| Short-term gain (24 months or less) | Taxed at slab rates | Compute with your CA |
| TDS by the buyer | Deducted on the full sale price when paying a non-resident, at rates set for the type of gain | Agree in writing how it will be handled before signing |
| Lower or nil deduction certificate | Lets the buyer deduct only on the real gain, or nothing if exemptions cover it | Apply to the Assessing Officer early, and get it to the buyer before payment |
| Excess TDS | Returns to you only after you file your Indian return | File for the year of sale and claim the credit |
For a worked example, see TDS and capital gains for NRI sellers. The Income-tax Act, 2025 renumbers sections and forms from 1 April 2026, so ask your CA for the current references.
3. Step-by-Step Repatriation Process for NRIs
- Before signing: decide with your CA whether to apply for a lower-deduction certificate, and confirm the land-use and approval status of the property.
- At the sale: take payment by bank transfer into your account, never cash. Keep the sale deed, payment proofs and the buyer's TDS details.
- After the sale: collect the TDS certificate, compute and pay any balance tax, and file your Indian return.
- Form 15CB: your CA certifies the tax position and the remittance.
- Form 15CA: filed online, referring to the 15CB.
- Bank remittance: your authorised dealer bank processes the transfer against the forms, the sale deed, tax proofs and account statements.
Selling from abroad and want a clear plan first?
Our NRI desk maps the sale, tax and repatriation steps with your CA so nothing is left until after the sale.
4. Common NRI Repatriation Mistakes and Delays
- A weak funds trail. The original purchase was paid partly in cash or by relatives, so the bank cannot link it to foreign funds.
- TDS at the wrong rate or under the wrong PAN, which can stop Form 15CB from being issued.
- Year-end timing. The sale lands close to 31 March and other NRO remittances have already used the annual limit.
- Status mismatch. Your residential status in the tax return does not match your NRI status for the year. Have a CA confirm it.
- Land-use problems. Agricultural land, farmhouses and unconverted land follow separate rules for NRIs. Check conversion and approvals before listing; see how to check land use in Jaipur.
5. Terms at a Glance
- NRO: a rupee account for income earned in India; sale proceeds usually land here.
- NRE / FCNR(B): accounts funded from abroad; generally freely repatriable.
- Form 15CA / 15CB: the online declaration and the CA certificate banks ask for before a remittance.
- Lower-deduction certificate: an order from the Assessing Officer that reduces the buyer's TDS.
- Authorised dealer (AD) bank: the bank permitted to process foreign-exchange remittances.
How We Researched This
Checked against the public pages below in October 2026. Confirm the current rule with the official body, your bank or a qualified adviser before acting.
- RBI: Foreign Exchange Management Act (FEMA) resources
- MEA: remittance and property guidance for NRIs (PDF)
- Income Tax Department of India