How this is worked out
When you sell property in India as a non-resident, two different numbers matter. The first is the tax you actually owe on your gain. The second is the TDS the buyer must deduct before paying you. They’re rarely the same, and the difference is money you wait for.
Why the buyer deducts on the full price
A buyer paying a non-resident must deduct tax at source and deposit it with the government. 2025 Act s. 393(2) Table Sl. 17was s. 195 The simple 1% rule 2025 Act s. 393(1) Table Sl. 3(i)was s. 194-IA that applies when the seller is resident doesn’t apply to you: the buyer has to deduct at the capital-gains rate, plus its own surcharge and cess.
Until 1 October 2026, every buyer needed a TAN to do this. From that date, a resident individual or HUF buyer no longer needs one: they report and pay the TDS straight against your PAN on Form 141, and hand you a PAN-based certificate under the same rules. A company or firm buyer still registers for a TAN, reports the deduction each quarter on Form 144, and gives you Form 131. Either way, the buyer can’t check what you actually paid for the property, so unless you give them a certificate, they apply their rate to the whole sale price. It’s as if the entire price were profit.
How a lower-deduction certificate closes the gap
You can ask the Income Tax Department for a certificate that tells the buyer to deduct at a lower rate, or on your gain instead of the price. 2025 Act s. 395(1)was s. 197 You apply online on TRACES using Form 128. Expect to be asked for the draft sale agreement, your purchase deed and your cost working.
Apply before the sale agreement is signed. Processing usually takes several weeks, and a certificate issued after the buyer has paid you doesn’t help. With the certificate, the buyer deducts roughly what you owe, and nothing extra is held back.
What the calculator leaves out
Assumptions
- You’re a non-resident for the whole of tax year 2026-27.
- Long-term gains (held more than 24 months) are taxed at 12.5%. Indexation isn’t available to non-residents, so your cost isn’t adjusted for inflation — the option to pay 20% with indexation, for property bought before 23 July 2024, is for resident individuals only.
- Short-term gains are shown at 30% as an approximation. They’re actually added to your other Indian income and taxed at slab rates. The surcharge on them isn’t capped the way it is for long-term gains, so the calculator uses the higher bands for other income, on both your own tax and the buyer’s deduction.
- The gain is worked out on the sale price you enter. If the property’s stamp duty value is higher than the price by more than the margin the law allows, that value is used as the sale price instead 2025 Act s. 78was s. 50C.
- The buyer’s TDS surcharge is banded on the sale price; your own surcharge is banded on your total Indian income. These are two different figures in the facts register even where the bands happen to match today, and surcharge relief at the band edges is ignored.
- Reinvesting in a new home 2025 Act s. 82was s. 54 reduces a long-term gain only, and counts up to ₹10 crore of the new house’s cost. It has its own conditions and deadlines. Capital-gain bonds 2025 Act s. 85was s. 54EC, capped at ₹50 lakh across the year of the sale and the next year together, are in the capital gains on property calculator.
- A tax treaty doesn’t reduce Indian tax on Indian property. Your country of residence may give you credit for it.
What to do with your result
If the amount held back is large, apply for the certificate first. It usually saves more than anything else on this page. If the sale is already agreed, the money isn’t lost: you claim it back by filing your ITR for tax year 2026-27 by 31 July 2027. Our full guide to selling property as an NRI walks through every step, from the purchase papers to moving the money abroad. Our other calculators cover the rest of an NRI’s Indian tax.
When to get a chartered accountant
- To prepare the cost working for Form 128. It decides the rate on your certificate.
- If the property was inherited, jointly owned with a resident, or bought in instalments.
- If you plan to claim a reinvestment exemption and need the certificate to reflect it.
- For Form 146, before your bank will send the sale proceeds abroad.