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Dealing with an NRI

Buying property from an NRI: the buyer's TDS, step by step

The seller is an NRI, the deal is ready, and you need the tax deduction right before any money changes hands.

A resident buyer often hears about a 1% property deduction, then finds it does not fit this sale. An NRI seller puts the buyer into the non-resident payment rules, where the deduction, evidence and filing trail need to be settled before the deed.
Last reviewed: 26 September 20267 min readBy Vipul Sharma, Founder · Reviewed by Preetesh Maloo, CA

The short answer

Buyers of property from an NRI deduct under Section 393(2), formerly Section 195, rather than the 1% resident-seller route. Until 30 September 2026 you need a TAN and file Form 144, formerly Form 27Q; from 1 October a resident individual or HUF buyer has PAN-based relief, while the seller's lower-deduction certificate still controls the amount you withhold.

Are you about to pay an NRI seller?

Send the draft deed, payment schedule, seller PAN and any lower-deduction certificate. We will map the withholding, deposit and filing steps before you pay.

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

What applies now, and what changes on 1 October

The 1% resident-seller route is Section 194-IA, now Section 393(1). It is not the route for an NRI seller. Your payment falls under Section 393(2), formerly Section 195.

Timing and buyerTANReturn and certificateDefault deduction
To 30 September 2026YesForm 144, formerly Form 27Q; Form 131, formerly Form 16ARate in force on sale consideration
From 1 October 2026, resident individual or HUF buyerNo, report by PANForm 141, Schedule E, within 30 days of the month-end (notified 22 September 2026); Form 132 to the sellerRate in force on sale consideration
Any buyer other than a resident individual or HUF after 1 October, such as a company, firm or NRIYesForm 144 and Form 131Rate in force on sale consideration

The form and TAN change is explained in detail on the 2026 change page. It does not turn an NRI sale into the 1% resident-seller route.

The five things you do, in order

First, obtain evidence that the seller is non-resident and get their PAN. Second, agree the deduction before the first payment, including an advance. Third, hold the tax back at the rate in force on the sale consideration unless you already hold a valid lower-deduction certificate.

Fourth, on the TAN route, deposit the tax by the 7th of the following month (30 April for tax deducted in March). Fifth, file the quarterly Form 144, formerly Form 27Q, and give the seller Form 131, formerly Form 16A. A resident individual or HUF paying from 1 October 2026 needs no TAN: tax and statement go together on Form 141, Schedule E, within 30 days of the month-end. Keep the deed, payment trail, challans and certificate together. The tax is one part of the job; the buyer's full due-diligence checklist covers title, power of attorney and heirs.

The seller's lower-deduction certificate

For a long-term sale on or after 23 July 2024, the seller's capital-gains base rate is 12.5% without indexation, plus surcharge and 4% cess. The buyer deducts on the sale consideration, not on a gain the buyer has calculated.

The seller can instead obtain a certificate under Section 395, formerly Section 197, on Form 128, formerly Form 13. It tells you the lower rate or amount to deduct. Hold the certificate before the deed and before releasing the relevant payment. A seller's calculation, email or promise that the certificate is coming does not replace it.

Where your payment goes

You pay the seller in rupees in India, after deducting the applicable tax. Their bank may credit the net proceeds to an NRO account, or to an NRE account where the money has the required repatriable character.

Your job is not to send sale money abroad. Record the seller's Indian account details, the gross consideration, tax withheld and net payment in the deal file. The seller and their bank deal with any later account or remittance question.

A worked example: Meera in Pune

Meera, a resident buyer in Pune, buys an NRI seller's long-term-held flat for Rs 1.80 crore. Without a certificate she deducts at the rate in force on the whole consideration: 12.5% plus the 15% surcharge that applies above Rs 1 crore, plus 4% cess, which is 14.95%, or Rs 26,91,000. She pays the seller Rs 1,53,09,000, deposits the Rs 26,91,000, then files the applicable return.

The seller instead obtains Form 128, formerly Form 13, specifying 5% on the consideration. Meera then deducts Rs 9 lakh and pays Rs 1.71 crore. If completion is before 1 October 2026, she uses her TAN and Form 144. If it is after that date and Meera buys as a resident individual, she uses the PAN-based relief. The certificate changes the deduction, not the deal price.

If you get it wrong

A buyer who fails to deduct can be treated as an assessee in default under Section 201. Interest under Section 201(1A) is 1% a month for failure to deduct and 1.5% a month for failure to deposit after deduction.

The problem usually starts with a buyer using the 1% resident-seller process or releasing money before holding the lower-deduction certificate. Correct it while the deal records, seller contact details and bank trail are still available. The buyer, not the seller, is the deductor the Department will examine.

What's involved

What the CA actually does

  1. 1

    Check the seller's status and payment schedule

    We match the seller's status, PAN, advances and deed date to the deduction point before you release money.

  2. 2

    Calculate the withholding and read the certificate

    We calculate the default deduction, then check a Form 128, formerly Form 13, against the payment it covers.

  3. 3

    Set up the right TAN or PAN route

    We identify whether your completion date and buyer type use Form 144 or the 1 October PAN-based property relief.

  4. 4

    Deposit, return and certificate

    We prepare the tax deposit, quarterly reporting and the seller's Form 131, formerly Form 16A, from the same payment trail.

What to have ready

Documents you'll typically need

  • Draft sale agreement and payment schedule
  • Seller's PAN and evidence of non-resident status
  • Form 128, formerly Form 13, if issued
  • Buyer PAN, TAN where required, and each buyer's share
  • Indian bank account details, challans and payment proofs

References on this page

  • Section 195 of the Income-tax Act, 1961 / Section 393(2) of the Income-tax Act, 2025, Income Tax Department
  • Finance Act 2026, amendment to Section 397(1)(c), effective 1 October 2026, Income Tax Department
  • Income-tax Rules 2026: Forms 144, 141, 131 and 128, CBDT Notification 22/2026
  • Section 112, Finance (No. 2) Act 2024: 12.5% long-term capital-gains rate for immovable property, Income Tax Department
  • Sections 201 and 201(1A), Income-tax Act, 1961, Income Tax Department

Frequently asked questions

Common questions

No. The 1% route is Section 194-IA, now Section 393(1), for a resident seller. An NRI seller is covered by Section 393(2), formerly Section 195.

A resident individual or HUF buying immovable property from an NRI does not need a TAN from 1 October 2026. Companies and firms still need one; check the completion date and buyer type.

Form 128, formerly Form 13, can authorise a lower deduction. Until it is in your hands, deduct at the rate that otherwise applies.

No. The normal deduction is on sale consideration. The lower-deduction certificate is the document that lets the buyer withhold differently.

Deposit tax deducted in a month by the 7th of the next month; tax deducted in March is due by 30 April. Keep the challan with the deed and payment records.

The buyer is the deductor. Section 201 and Section 201(1A) address the tax and interest consequences for failure to deduct or deposit.

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.

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 (Form 141 from 1 April 2026) was for s.194-IA resident sellers. Until 30 September 2026 an NRI-seller purchase needed a TAN and Form 27Q (Form 144 from 1 April 2026). From 1 October 2026 a resident individual or HUF buyer uses Form 141's new Schedule E against their PAN, but still deducts at the s.195 / s.393(2) rate, not 1%.Buying from an NRI, you deduct at the full capital-gains rate, not 1%. If you pay on or after 1 October 2026 and you are a resident individual or HUF, you report it on Form 141 Schedule E against your PAN and give the seller Form 132; no TAN is needed. Payments before that date needed a TAN and Form 27Q or Form 144.

How a resident individual buyer deposits TDS on an NRI's property

Right now: No TAN needed: a resident individual or HUF buyer deposits and reports the TDS on Form 141 Schedule E against their PAN and issues Form 132 to the seller

Where it works differently

The buyer is a company, firm, trust or an NRI
Still needs a TAN and files Form 144.
s.397(1)(c) as amended by the Finance Act 2026 (and the Fifth Amendment Rules that follow it) covers only resident individual and HUF buyers.
The payment is rent or interest to a non-resident
Not covered. The payer still needs a TAN.
The amendment is limited to consideration for transfer of immovable property.
The seller has no PAN
Schedule E asks for the seller's foreign contact details, Tax Residency Certificate details and foreign Tax Identification Number.
Used to decide the applicable rate.
Instalments straddle 1 October 2026
The route follows the date of each payment: instalments paid on or before 30 September 2026 go through TAN and Form 27Q / Form 144, later ones through Form 141 Schedule E.
Both the s.397(1)(c) amendment and the Fifth Amendment Rules take effect on 1 October 2026; neither source we read carves out agreements already signed, so treat the payment date as decisive and confirm on the portal.

Commonly got wrong

  • The TAN rule is gone, so the buyer deducts 1% like a resident sale. Only the reporting route changed. The rate is still the s.195 / s.393(2) rate on the whole consideration unless there is a lower-deduction certificate.From 1 October 2026 you do not need a TAN, but you still deduct at the full capital-gains rate for a non-resident seller and report it on Form 141 Schedule E.
  • Every buyer from an NRI can now skip the TAN. Only resident individuals and HUFs are covered.If the buyer is a company, firm, trust or itself a non-resident, it still needs a TAN and files Form 144.

Surcharge cap on capital gains

Right now: Surcharge on income under s.111A, 112 and 112A capped at 15%

Where it works differently

Other income also exists
The cap applies only to the capital-gains component. Other income carries the normal surcharge slab.
The proviso is income-component specific.
The taxpayer is in the new regime
The highest surcharge is 25%, not 37%.
Finance Act 2023 removed the 37% slab from the new regime.
Adding cess
4% health and education cess sits on tax plus surcharge.
Standard computation order.

Commonly got wrong

  • Surcharge on a large NRI property gain can reach 37%. Capped at 15% for capital gains under 111A/112/112A, and 25% overall in the new regime.Surcharge on capital gains taxed under sections 111A, 112 and 112A is capped at 15%, whatever the total income. Cess of 4% then applies on tax plus surcharge.

Health and education cess

Right now: 4% health and education cess

Commonly got wrong

  • 3% cess. Stale since AY 2019-20.Health and education cess is 4% on tax plus surcharge, from AY 2019-20 onward.

Are you about to pay an NRI seller?

Send the draft deed, payment schedule, seller PAN and any lower-deduction certificate. We will map the withholding, deposit and filing steps before you pay.

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