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Japan

Selling Indian property while you are a Japanese tax resident

India taxes the whole gain at 12.5%, and Japan may tax it again depending on your resident tier and what you remit.

You are selling a property in India, and you are a tax resident of Japan. India taxes the gain, and Japan may tax it too, but whether it does turns on your resident tier and whether you bring the proceeds into Japan. For a recent arrival who keeps the money in India, Japan may not tax it at all; for a longer-term resident, Japan taxes it with a credit. Here is how the two sides fit, and the Indian point that catches NRIs out.
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, with the buyer deducting TDS under Section 195. Whether Japan taxes it depends on your resident tier: a non-permanent resident, a non-Japanese national resident five years or less, is taxed only to the extent the proceeds are remitted to Japan, so proceeds kept in India are outside Japanese tax; a permanent resident is taxed on the gain on worldwide income, at Japan's real-property rates, with a credit for the India tax. As an NRI you also get no indexation and no grandfathering on the Indian gain, unlike a resident Indian seller.

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
  • Non-permanent resident: Japan taxes the gain only to the extent the proceeds are remitted to Japan
  • Permanent resident: Japan taxes the gain on worldwide income (long-term ~20%, short-term higher), with a credit for the India tax
  • The 20%-with-indexation grandfathering is for resident Indians only; an NRI is locked into 12.5% without indexation

The India side: the whole gain at 12.5%

India taxes the full capital gain from your original cost. 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 sale, plus surcharge and cess, not the small 1% that applies to a resident seller, so a lower-deduction certificate is worth getting and any excess is reclaimed by filing an Indian return.

One point catches NRIs out: the choice residents have, to pay 20% with indexation or 12.5% without on property bought before 23 July 2024, is for resident individuals only. An NRI does not get it and is locked into the flat 12.5% without indexation, whatever the age of the property.

Japan: the tier decides it

On the Japanese side, your resident tier governs. As a non-permanent resident, a non-Japanese national resident for five years or less, Japan taxes the gain only to the extent you remit the proceeds to Japan. So if you keep the sale proceeds in India, the gain is outside Japanese tax during that window, and India's 12.5% is the only tax. As with rent, a remittance to Japan is read as coming from foreign income first, so bringing the money in can trigger the tax.

As a permanent resident, over five years, Japan taxes the gain on its worldwide basis. Japan taxes real-property gains separately, at about 20% where the holding is long-term and a higher rate for a short holding, and gives a credit for the India tax. Because India taxes the full sale upfront through the TDS, the practical work is to align the Indian refund, once the real gain is computed, with the Japanese credit, so you are not left carrying more tax than the two systems together intend. A practising CA computes the Indian gain, gets the lower-deduction certificate, and gives your Japanese accountant the India-tax-paid detail for the credit.

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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 your resident tier

    We flag whether you are a non-permanent resident, in which case keeping the proceeds in India keeps the gain outside Japanese tax.

  4. 4

    We support the Japanese credit

    Where Japan taxes the gain, we give your Japanese accountant the India-tax-paid detail so the credit is claimed.

What to have ready

Documents you'll typically need

  • The original purchase deed and rupee cost
  • The sale agreement and the buyer's TDS
  • Your arrival date and nationality, and your remittance plans
  • Your PAN and Japanese tax details

Frequently asked questions

Common questions

Selling Indian property from Japan?

Tell us the figures and your resident tier. A practising CA will size the Indian tax and support the credit on a free call, no obligation.

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