Selling property in India as a Non-Resident Indian (NRI) can be overwhelming, especially when it comes to Tax Deducted at Source (TDS). The Indian Income Tax Act mandates a hefty TDS of 20% (plus surcharge and cess) on the sale of property by NRIs, which can significantly reduce your cash flow.
But don't worry! 😊 You can apply for a lower TDS certificate and pay
tax only on your actual capital gains. Let's break it down step by step.
🔍 What is a Lower TDS Certificate?
A Lower TDS Certificate
allows NRIs to reduce the TDS deducted on their property sale. Instead of the
standard 20% on the sale value, the tax is deducted based on the actual capital
gain, which is usually much lower!
💡 Why Should NRIs Apply for It?
- Avoid Excessive Tax Deduction: If TDS is deducted at 20% of the sale value, you may
need to wait months to claim a refund.
- Immediate Cash Flow Benefit: Paying tax only on capital gains ensures you get more
money upfront.
- Saves Time & Hassle: No need to go through the long process of claiming a
refund later.
👩💼 Who Can Apply?
Any NRI selling property in India
can apply for a lower TDS certificate if their actual taxable capital gain is
lower than the tax deducted at the standard rate.
📝 Documents Required
To apply for the certificate, keep
these documents handy:
- Sale Agreement
✉️ (Draft or Final)
- Purchase Agreement
✉️ (Proof of original purchase price)
- Bank Statements
🏛️ (Showing transactions related to the property)
- PAN Card
👤 (Both buyer and seller)
- Computation of Capital Gains ⚖️ (Including indexation benefits)
- Form 13 Application
📝 (Filed with the Income Tax Department)
- Past Income Tax Returns 📈 (If applicable)
📚 Step-by-Step Process to Apply
1.
Compute Capital Gains
Calculate your capital gains
using the Indexed Cost of Acquisition (for long-term assets). Your tax
will be based on this amount instead of the total sale price.
2.
File Form 13 Online
- Visit the TRACES website and log in using your
PAN details.
- Select “Apply for Lower/Nil TDS Certificate”
under Form 13.
- Fill in details of the property sale, expected capital
gains, and tax liability.
3.
Submit Documents to the Assessing Officer
Your application is assigned to an
Income Tax Officer, who may request additional details.
4.
Receive the Lower TDS Certificate
If approved, the IT department
issues a Lower TDS Certificate, which you can give to the buyer to
deduct tax at a reduced rate.
5.
Buyer Deducts TDS at the Approved Rate
The buyer will deduct TDS as per the
certificate and deposit it with the Income Tax Department.
💪 Pro Tips for a Smooth Process
🏷️ Apply well in advance (at least 30-45 days before
the sale) to avoid delays.
🛠️ Keep all documents in order for faster approval.
📊 Consult a tax expert to ensure accurate capital gains
computation.
🌟 Use online filing to speed up the process.
🎉 Final Thoughts
Applying for a Lower TDS
Certificate is a smart move for NRIs selling property in India. It ensures
that TDS is deducted only on actual capital gains and not on the entire
sale value, saving you time and money.
If you’re planning to sell property
soon, start the process early and consult a tax professional to make the most
of this benefit!
🌟 Happy Selling! 🏢🎁
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