Invest β€Ί Property β€Ί Tax
πŸ“‹ Step 3 of 4 Β· Tax

NRI property tax Β· in India

Stamp duty, TDS on rent, capital gains, DTAA credits abroad, US FATCA reporting. The full tax stack from purchase through exit.

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At purchase
Stamp duty + registration Β· 5–7%
Per state

Paid to the state govt at registration. Rate varies β€” Maharashtra 6%, Karnataka 5.6%, Tamil Nadu 7%, Delhi 6% (4% for women buyers). Plus 1% registration fee.

  • Maharashtra (Mumbai/Pune): 6% + 1% = 7% on property value
  • Karnataka (Bangalore): 5.6% + 1% = 6.6%
  • Tamil Nadu (Chennai): 7% + 1% = 8%
  • Delhi/NCR: 6% (men) or 4% (women)
  • Goa: 4–6% based on slab
πŸ“‹ Receipt = forever
Stamp duty receipt is your proof of cost basis when you sell. Add it to capital gains computation.
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Annual Β· ownership
Municipal property tax Β· 0.5–2%
Per year

Annual tax to local municipal corporation (BMC, BBMP, MCG etc.). Rate varies by city + property zone. Pay online through municipal portal β€” most accept Indian + international cards.

  • Mumbai (BMC): ~β‚Ή15K-50K/yr for a 1cr flat
  • Bangalore (BBMP): ~β‚Ή8K-25K/yr for a 1cr flat
  • Pay online: mcgm.gov.in, bbmp.gov.in
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Earning Β· rental
TDS on rent Β· 30% for NRIs
Tenant deducts

Tenant must deduct 30% from rent before paying NRI landlord. Deposit it in your name via Form 26QC. You claim refund/credit when filing ITR-2.

  • Tenant pays you β‚Ή70 of every β‚Ή100 rent β€” 30% goes to govt
  • You file ITR-2: claim deductions (loan interest, 30% std deduction), get refund if effective tax < 30%
  • NRO account only: Indian rental income MUST flow through NRO, never NRE (FEMA rule)
  • Joint owner workaround: If 50/50 with resident spouse, each owner files separately β€” only NRI half is TDS-30%
⚠ Common NRI mistake
Crediting Indian rent to NRE/foreign account violates FEMA. Must be NRO. Property mgmt cos default to NRO; verify with your tenant if self-managed.
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Long-term capital gains
LTCG Β· 12.5% on property held > 24 months
Post 2024 budget

Sold property held more than 24 months? LTCG at 12.5% on the gain (post-2024 budget β€” was 20% with indexation before). No indexation benefit anymore.

  • Calculation: Sale price - (Purchase + Stamp duty + Registration + Improvement costs)
  • Section 54 exemption: Reinvest in another residential property within 2 years to avoid LTCG entirely
  • Section 54EC: Invest in NHAI/REC bonds within 6 months (β‚Ή50L cap, 5-year lock-in) to claim exemption
  • Buyer's TDS: Buyer must deduct 12.5% (LTCG-rate) or 20% if STCG, deposit via Form 27Q
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Short-term capital gains
STCG Β· 20% on property held < 24 months
Held < 2 years

Sold within 24 months? Pay STCG at 20% (post-2024 budget β€” was at slab rates earlier). No exemptions available. Best avoided by timing sales past the 2-year mark.

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Double tax avoidance
DTAA Β· India tax credit overseas
90+ countries

Indian property tax (rent + capital gains) is creditable against equivalent foreign tax β€” you won't pay twice on the same income.

  • US: Form 1116 (Foreign Tax Credit) on rental + capital gains
  • UK: Foreign tax relief on Self Assessment
  • Canada: Foreign tax credit on T1, plus FBAR-equivalent T1135
  • Australia: Foreign Income Tax Offset on annual return
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US tax overlap
FATCA Form 8938 Β· FBAR Β· 1040 Schedule E
US persons only

If you're a US tax resident (citizen, green card, substantial presence), Indian property reporting requirements:

  • Form 8938 (FATCA): Required if specified foreign financial assets > $50K (single) or $100K (joint) abroad. Indian property values count.
  • FBAR (FinCEN 114): Indian bank accounts (where rent is credited) > $10K aggregate any time during the year
  • 1040 Schedule E: Report Indian rental income as foreign rental, claim DTAA credit on Form 1116
  • Section 121 exclusion: $250K/$500K capital gains exclusion on primary residence β€” only applies to US property, NOT Indian
⚠ US-NRIs sell-back gotcha
India taxes capital gains at 12.5% LTCG. US taxes the same gain at your bracket rate (up to 23.8% with NIIT). DTAA credit covers most but not all; net additional US tax of 5-11% common.
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Repatriating sale proceeds
NRO β†’ overseas Β· 15CA / 15CB
$1M/yr cap

Net sale proceeds (post-TDS) land in your NRO account. To wire them out:

  • Form 15CA Part C: Self-declaration with payment + tax details
  • Form 15CB: Chartered Accountant certificate confirming taxes paid
  • Form A2: RBI form for purpose of remittance
  • Annual cap: $1M/year per NRI on NRO repatriation (separate from LRS)
⚑ Run the repatriation readiness check β†’
⭐ Our take

Time the sale past 24 months. Use Section 54. Get a US-India CPA before exit.

The biggest tax move: hold past the 24-month mark to flip from 20% STCG to 12.5% LTCG (saves β‚Ή15L on a β‚Ή2cr gain). Section 54 reinvestment exemption can defer/eliminate LTCG entirely if you're rolling into another property. US-NRIs especially need a CPA who handles both sides β€” the DTAA reconciliation alone can save 5-11% of additional US tax.

Hold > 24 months

β†’ Flip 20% STCG to 12.5% LTCG

7.5% rate gap on a β‚Ή2cr gain = β‚Ή15L saved. Always worth waiting if you're 23 months in.

Reinvest within 2 years

β†’ Section 54 exemption (no cap)

Roll proceeds into another residential property to defer LTCG entirely. Common pattern for NRIs upgrading from 1BHK to 2BHK or moving cities.

US-NRIs Β· CPA required

β†’ Cross-border tax pro

DTAA reconciliation, Form 8938, FBAR, Schedule E rental reporting. ~$1,500/year + extra at sale. Saves 5-11% of incremental US tax.

Continue Β· the property buying steps

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