Skip to content
Got a notice? Emergency response

Germany

Selling Indian property while you are a German tax resident

You are selling a property in India but live in Germany, and you fear a double tax bill. Germany often does not tax it.

You are selling a property in India, and you are a tax resident of Germany. The natural fear is being taxed on the gain twice, once by India and once by Germany. For Indian property, Germany is unusually hands-off: its own law leaves a long-held property untaxed, and even a shorter hold is exempted by the treaty. So in most cases India's tax is the only real one. There is a single exception, and it is a surprising one, tied to whether you actually pay tax in India. Here is how it works.
Last reviewed: 26 July 20267 min readReviewed by Preetesh Maloo, CA

The short answer

India taxes the whole gain on your Indian property at 12.5% without indexation, and the buyer deducts TDS under Section 195. Germany usually does not tax it at all. Under German law a private property held more than 10 years is tax-free, and even within 10 years the treaty exempts an Indian property gain from German tax, using it only to set the rate on your German income. So in most cases India's 12.5% is the only real tax. The one exception is if you pay no Indian tax, for example by claiming a full reinvestment exemption, which can let Germany tax the gain after all under its switch-over rule.

Is this your situation? Get a senior CA on it.

Free 15-minute call. We tell you what applies to you and what it costs, then you decide. You stay abroad.

Senior CA who specialises in NRI tax · we deal with the tax officer, you don't

Chat with a CA on WhatsApp

The India side: the whole gain

India taxes the full capital gain from what you originally paid to what you sell for. For long-term property sold on or after 23 July 2024, the rate is 12.5% without indexation, and as an NRI you get neither the resident option of 20% with indexation nor any currency relief for the rupee's fall, so the whole rupee gain is taxed. The buyer must deduct TDS under Section 195 on the gain, plus surcharge and cess, not the small 1% that applies to a resident seller.

Because the TDS is heavy, a lower-deduction certificate is worth getting so the buyer withholds closer to the real tax, and any excess is reclaimed by filing an Indian return. You can also reduce or remove the Indian tax entirely by reinvesting under the usual exemptions. Whether you do that turns out to matter for the German side, in a way that is easy to miss.

Why Germany usually does not tax it

Germany is unusually gentle on Indian property gains, for two separate reasons. First, under German domestic law, a gain on a privately held property is tax-free once you have owned it for more than 10 years, and that applies to a foreign property held by a German resident too. So if you have held the Indian property more than 10 years, Germany does not tax the gain at all, quite apart from the treaty.

Second, even within the 10 years, the treaty exempts an Indian immovable-property gain from German tax. Germany relieves this kind of gain by exemption, not credit, so it does not tax the gain itself; it only takes it into account to set the rate on your German income, the same exemption-with-progression that applies to Indian rent. So whether you held the property for two years or twenty, Germany normally does not levy its own tax on the gain, and India's 12.5% is the only real charge. That is a much better outcome than the double-tax-with-partial-credit that residents of many other countries face.

The one exception: paying no Indian tax

There is a catch worth knowing, because it flips the result. Germany's exemption of the Indian gain assumes India actually taxes it. If you arrange to pay no Indian tax on the sale, most commonly by claiming a full reinvestment exemption under Sections 54 or 54F, then Germany's switch-over rule can step in and tax the gain after all, precisely because it was not taxed in India.

So the reinvestment exemption that saves you Indian tax could hand the same gain to Germany instead, which may be no saving at all, or worse. This is exactly the kind of cross-border interaction that a plan made on the Indian side alone can get wrong. The right approach is to decide the Indian reinvestment question with the German consequence in view: sometimes it is better to simply pay the 12.5% in India and keep Germany's exemption, rather than claim an Indian exemption and lose it to the German switch-over. A practising CA works the Indian computation and the certificate, and flags this interaction so the two sides are planned together, not in isolation.

What's involved

What the CA actually does

  1. 1

    We compute the real Indian gain

    We work the gain from your original cost with the correct 12.5% NRI treatment, so the Indian tax is right and not overpaid.

  2. 2

    We cut the TDS to the real tax

    We get a lower-deduction certificate so the buyer withholds on your actual gain, not the gross, and reclaim any excess on your return.

  3. 3

    We check the 10-year and treaty position

    We confirm whether Germany taxes the gain at all, given the over-10-year rule and the treaty exemption, so you know the true combined bill.

  4. 4

    We flag the reinvestment trap

    We show where claiming an Indian reinvestment exemption could hand the gain to Germany under its switch-over rule, so the decision is made with both sides in view.

What to have ready

Documents you'll typically need

  • The original purchase deed and rupee cost
  • The purchase and sale dates, for the 10-year test
  • The sale agreement and the buyer's TDS
  • Your PAN and German tax details

References on this page

  • India taxes the full gain: LTCG 12.5% without indexation (from 23 July 2024), no grandfathering or forex relief for NRIs, TDS under Section 195
  • Germany: a private property held more than 10 years is tax-free; the treaty exempts an Indian property gain in any case
  • So Germany does not tax the gain; India's 12.5% is normally the only real tax
  • Exception: if no Indian tax is actually paid (e.g. a full reinvestment exemption), Germany's switch-over rule can tax it

Frequently asked questions

Common questions

Usually only in India. India taxes the gain at 12.5%. Germany does not tax it if you held the property more than 10 years, and even within 10 years the treaty exempts it, using it only to set the rate on your German income. So India's tax is normally the only real one.

Then Germany does not tax the gain at all under its own law, quite apart from the treaty. India still taxes it at 12.5%, but there is no German tax and no double tax.

Yes. Germany exempts the gain on the basis that India taxes it. If you claim a full reinvestment exemption under Section 54 or 54F and pay no Indian tax, Germany's switch-over rule can tax the gain instead, so the Indian saving may be lost to Germany.

Yes. The buyer deducts under Section 195 on the gain, which is heavy, so a lower-deduction certificate lets them withhold closer to your real tax, and any excess is reclaimed by filing an Indian return.

The exceptions that change the answer

Where the general rule stops applying to you

Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.

Cap on s.54 and s.54F exemption

Right now: Rs 10 crore

Where it works differently

The replacement house is outside India
No exemption. The house must be in India.
'in India' was inserted by Finance Act 2014, from AY 2015-16. This is the single most important s.54 point for NRIs.
Claiming s.54F
The ENTIRE net consideration must be reinvested, not just the gain, and the taxpayer must not own more than one other residential house. A house owned ABROAD counts.
Proviso to s.54F(1).

Commonly got wrong

  • An NRI can claim s.54 by buying a house abroad. The replacement property must be in India since AY 2015-16.The new house must be in India.
  • s.54 and s.54F both need only the gain reinvested. s.54 needs the gain; s.54F needs the whole net consideration.Section 54 requires only the capital GAIN to be reinvested. Section 54F requires the entire NET CONSIDERATION. Both cap the exemption at Rs 10 crore, and both need the new house to be in India.

Section 54 reinvestment time windows

Right now: Purchase within 1 year before or 2 years after the transfer; construction within 3 years

Where it works differently

The return due date arrives before the purchase
The unutilised gain must be deposited in a Capital Gains Account Scheme account BEFORE the due date, or the exemption is lost.
s.54(2). The single commonest way NRIs lose this exemption.
The gain came from an under-construction flat
The holding period runs from the allotment date in most rulings, not from possession.
Settled by several ITAT and High Court decisions.
The new house is sold within three years
The exemption is withdrawn and taxed in the year of that sale.
s.54(1) proviso.

Commonly got wrong

  • You have two years to reinvest, so no action is needed before filing. If the due date falls first, the money must sit in a CGAS account by then.You have two years to buy, but if your filing due date comes first, park the unutilised gain in a Capital Gains Account Scheme account before that date or the exemption goes.

TDS rate when buying property from an NRI

Right now: 12.5% plus surcharge and cess on LTCG

Where it works differently

The gain is short-term
TDS is at the applicable slab rate, effectively 30% plus surcharge and cess for most NRI sellers.
s.195 requires deduction at 'rates in force' for the actual character of the income.
No lower-deduction certificate is obtained
TDS applies to the ENTIRE SALE CONSIDERATION, not to the gain.
s.195 operates on the sum paid unless the AO determines otherwise. This is the whole commercial case for Form 13 / Form 128.
There are joint NRI sellers
TDS is deducted separately against each seller's PAN in their ownership proportion.
Rule 37BA. Deducting entirely against one PAN strands the other's credit.
The buyer deducts 1% under s.194-IA
Wrong section. The buyer becomes an assessee-in-default under s.201 for the shortfall plus 1% per month interest and penalty under s.271C.
s.194-IA applies only where the seller is a RESIDENT.

Commonly got wrong

  • TDS on property purchase is 1% over Rs 50 lakh. That is s.194-IA, for RESIDENT sellers only. For a non-resident seller it is s.195 at the full capital-gains rate, with no threshold.1% applies only if the seller is a resident. NRI seller means s.195 at 12.5% plus surcharge and cess on the whole consideration unless a certificate is obtained.
  • The buyer files Form 26QB. 26QB (now Form 141) is for s.194-IA. An NRI-seller purchase needs a TAN and Form 27Q (now Form 144).Buying from an NRI, you need a TAN, you deduct under section 195, and you file Form 27Q (Form 144 from 1 April 2026). Form 26QB is only for resident sellers.

Selling Indian property from Germany?

Tell us the purchase and sale figures and dates. A practising CA will size the Indian tax and flag the German interaction on a free call, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.