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United Arab Emirates

Selling Indian property as a UAE resident

The UAE takes nothing, but India taxes the gain in full, and the treaty gives no relief on property. The trap is the withholding.

You live in the UAE and you are selling a property in India, and you want to know the tax on both sides. The UAE side is simple: there is no UAE tax on the gain. India is where the tax and the paperwork sit, and there is a cash-flow trap with the withholding that catches most NRI sellers. The tax treaty does not help on property, but there is a way to fix the withholding. Here is how it works.
Last reviewed: 27 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

The UAE has no personal income tax and no capital gains tax, so it takes nothing on the sale. India taxes the gain, and the treaty does not change that: under the India-UAE treaty, gains on property situated in India are taxable in India, so there is no treaty relief to claim on a property sale. If you held the property more than two years the gain is long-term, taxed at 12.5 per cent without indexation, and as an NRI you do not get the 20-per-cent-with-indexation option that residents have. The real trap is the withholding: the buyer must deduct TDS under Section 195, and buyers routinely deduct it on the entire sale price, not just your gain, which locks up far more cash than you owe. The fix is to apply for a lower-deduction certificate before the sale, so the tax is withheld on the gain rather than the whole price. Reinvestment reliefs under Sections 54, 54EC and 54F can reduce the gain, and the proceeds repatriate through your NRO account within the yearly limit. That Indian side is what we handle.

References on this page

  • The UAE has no personal income or capital gains tax, so it takes nothing on the sale; India taxes the gain
  • Under the India-UAE treaty, gains on property situated in India are taxable in India, so there is no treaty relief on a property sale
  • LTCG on property held over two years is 12.5% without indexation; the buyer withholds TDS under Section 195, routinely on the whole price
  • A lower-deduction certificate (old Section 197, new Section 395) fixes the over-withholding; reliefs 54/54EC/54F reduce the gain

India taxes the gain, and the treaty does not help

Start with the UAE side, which is the easy half: the UAE has no personal income tax and no capital gains tax, so selling your Indian property triggers no UAE tax on the gain. All of the tax is on the Indian side. If you held the property for more than two years, the gain is long-term and taxed at 12.5 per cent, without indexation. It is worth knowing that as an NRI you do not have the alternative of 20 per cent with indexation, that option is only for resident individuals, so your gain is simply the sale price minus your cost, at 12.5 per cent.

People often hope the tax treaty will reduce this, but it does not. Under the India-UAE treaty, gains on immovable property situated in India are taxable in India, because property is taxed where it sits. So there is no treaty rate to claim on a property sale, India taxes the gain in full, and a UAE tax residency certificate, useful for your other Indian income, does nothing for the property gain itself. The lever on a property sale is not the treaty, it is the withholding certificate.

The withholding trap, and the fix

The trap that catches nearly every NRI seller is the withholding. When an NRI sells, the buyer must deduct TDS under Section 195, the section for payments to a non-resident, not the 1 per cent that applies when the seller is resident. And in practice buyers, and their advisers, deduct that TDS on the entire sale consideration, not on your actual gain. On a property that has barely appreciated, that can mean a large chunk of the whole price is withheld against a small real tax, and you wait to reclaim the excess through a return.

The fix is to get ahead of it. Before the sale, you apply for a lower-deduction certificate, under what is currently Section 197 and becomes Section 395 under the new law, which tells the buyer to withhold only on the actual gain at the right rate, rather than on the full price. That single step frees up most of the cash the crude withholding would otherwise trap. Alongside it, reinvestment reliefs under Sections 54, 54EC and 54F can reduce or defer the gain if you put the proceeds into another house or specified bonds, and the net proceeds repatriate out of your NRO account within the yearly limit. Getting the certificate, the reliefs and the repatriation right is the whole job on a UAE-resident sale, and it is the Indian side we handle.

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What's involved

What the CA actually does

  1. 1

    We get the withholding certificate

    We apply for the lower-deduction certificate so the buyer withholds on your gain, not the whole price.

  2. 2

    We compute the gain and reliefs

    We work out the 12.5 per cent long-term gain and apply reliefs under Sections 54, 54EC and 54F where they fit.

  3. 3

    We handle the return and refund

    We file your Indian return and reclaim any excess TDS the buyer deducted.

  4. 4

    We repatriate the proceeds

    We move the net proceeds out of India to you through your NRO account within the yearly limit.

What to have ready

Documents you'll typically need

  • The purchase and sale details and dates
  • Your cost and any improvement records
  • The buyer's details for the TDS
  • Your UAE tax residency certificate and PAN

Frequently asked questions

Common questions

Selling Indian property from the UAE?

Tell us the figures and dates. A practising CA will get the lower-TDS certificate and fix the Indian tax on a free call, no obligation.

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