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Switzerland

Selling Indian property while you are a Swiss tax resident

Switzerland does not tax the gain on foreign property, so India's 12.5% is the only real tax on the sale.

You are selling a property in India, and you are a tax resident of Switzerland. Switzerland taxes worldwide income, so you might fear a second tax on the gain. It does not tax foreign real-estate gains, only counts them to set your rate. So India's tax is the only real charge on the sale. Here is how the two sides fit, and the Indian point NRIs need to get right.
Last reviewed: 26 July 20266 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. Switzerland does not tax the gain: a gain on foreign real estate is exempt from Swiss tax and only counted to set the rate on your Swiss income. So India's 12.5% is the only real tax on the sale. As an NRI, note that you get no indexation and no grandfathering on the Indian gain, unlike a resident Indian seller, so the flat 12.5% applies whatever the age of the property.

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
  • Switzerland does not tax a foreign real-estate gain; it is exempt and only counted to set the Swiss rate
  • So India's 12.5% is the only real tax on the sale
  • 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.

The point NRIs get wrong: the choice residents have, 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 pays the flat 12.5% without indexation, whatever the age of the property.

Switzerland exempts the gain

Switzerland taxes worldwide income but, as with foreign rent, makes a specific exception for foreign real estate. A gain on selling your Indian property is exempt from Swiss tax; it is only counted to set the rate on your Swiss-taxable income. Switzerland does have a real-estate gains tax, but it applies to Swiss-situated property, not foreign property.

So the sale is simple on the Swiss side: no Swiss tax on the gain, only a small rate effect. India's 12.5% is the whole cost. That is a much lighter outcome than a resident of the United States, the United Kingdom or Australia would face on the same sale, and it is worth understanding so you do not overpay in Switzerland by treating the gain as ordinarily taxable there. A practising CA computes the Indian gain, gets the lower-deduction certificate so the buyer withholds on the real gain, and gives your Swiss accountant the figure for the progression.

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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 confirm Switzerland stands back

    We make clear the gain is exempt in Switzerland, so you do not overpay by treating it as ordinarily taxable there.

  4. 4

    We provide the progression figure

    We give your Swiss accountant the gain figure they need for the rate calculation.

What to have ready

Documents you'll typically need

  • The original purchase deed and rupee cost
  • The sale agreement and the buyer's TDS
  • The property's value and holding period
  • Your PAN and Swiss tax details

Frequently asked questions

Common questions

Selling Indian property from Switzerland?

Tell us the figures. A practising CA will size the Indian tax and give your Swiss accountant the rate figure on a free call, no obligation.

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