If I'm an NRI in US, how much tax is withheld when I sell Indian property?

The buyer must deduct TDS under Section 195 on the full sale value at the long-term capital-gains rate (12.5% plus surcharge and cess) — not on your profit. Because the India-US treaty leaves immovable-property gains taxable in India, the rate itself doesn't drop; what you control is the withholding, which a Form 13 certificate brings down to your actual gain.

Why is so much of my sale proceeds held back, and can I avoid it?

Because the default deduction is on the gross sale value, not the gain — on a typical sale that traps ₹20-30 lakh you'll only recover at the next ITR. A Form 13 lower-deduction certificate (Section 197), filed before the sale, gets the Assessing Officer to certify a deduction based on your real gain, so the buyer withholds far less and most of your money reaches you at closing. For an NRI in United States of America this is usually the single biggest lever on a property sale.

Does the India-US treaty reduce capital-gains tax on Indian property?

No — Article 13, immovable property taxable in the source country (India), so the gain stays taxable in India at 12.5% for long-term holdings. United States of America taxes worldwide income, so you also report the gain there and claim a foreign tax credit for the Indian tax paid. The treaty's role here is to prevent the same gain being taxed twice, not to lower the Indian rate.

US NRIs · Property Sale Tax

Property sale tax for NRIs in US

When an NRI in US sells Indian property, the buyer withholds tax on the whole sale value — a Form 13 certificate brings that down to tax on the actual gain.

When you sell Indian property as an NRI living in United States of America, the tax on the gain itself is governed by India — under the India-US treaty, immovable property is taxable in the country where it sits (Article 13, immovable property taxable in the source country (India)), so the treaty does not lower the headline 12.5% long-term capital-gains rate. The expensive problem is the withholding: the buyer must deduct TDS on the entire sale consideration, not just your profit, which routinely blocks ₹20-30 lakh of cash at closing. The fix is a Form 13 lower-deduction certificate (Section 197), which drops the deduction to a figure based on your real gain.

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India-US key facts: property sale tax

Default Section 195 rate	12.5%
India-US DTAA treaty rate	12.5%
Your saving via the treaty	No rate reduction — see note below
Treaty article / basis	Article 13, immovable property taxable in the source country (India)
Your TRC issuing authority	Internal Revenue Service (IRS)

Rates reflect India's domestic Section 195 withholding and the India-US treaty. Surcharge and cess apply on top where relevant.

How it works on the India side

On an NRI property sale the buyer deducts TDS under Section 195 on the full sale value at the long-term capital-gains rate plus surcharge and cess — a much larger sum than the tax you actually owe, because your taxable gain is only the profit after indexation or the 1 April 2001 fair-market-value step-up, not the whole price. That over-deduction sits with the government until you file your return and claim it back, which can be a year or more of blocked cash.

Form 13 (Section 197) is the way to avoid the block rather than chase a refund afterwards. Filed before the sale on the TRACES portal, it asks the Assessing Officer to certify a lower or nil deduction based on your computed gain. With the certificate in hand the buyer deducts only the certified amount, so most of your proceeds reach you at closing instead of being trapped for a year.

What changes because you live in United States of America

US residents are taxed on worldwide income, so this Indian income also lands on your IRS Form 1040 — with a foreign tax credit (Form 1116) for the Indian tax paid. On top of that you report your Indian accounts and assets on the FBAR (FinCEN 114) and Form 8938 once the thresholds are crossed, and Indian mutual funds can trigger punitive PFIC treatment. The India-side tax here is only half the picture.

Frequently asked questions

Common questions from American NRIs

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Read the full guide, or see your country's complete picture

Form 13 lower-TDS certificate for property sale US NRI tax guide — all income types & DTAA rates

Property Sale Tax sorted, by an Indian CA who works with American NRIs

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