NRI Property Sale TDS (Section 195)
When you buy property from an NRI, you must deduct TDS on the sale — compute the effective rate with surcharge and cess, live.
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TDS computation — Section 195
NRI selling property? Get TDS + Form 27Q handled by a CA
We help buyers deduct the right TDS, get the seller a Lower Deduction Certificate and file Form 27Q correctly.
Disclaimer: Indicative estimate of buyer's TDS liability under Section 195 on purchase of immovable property from a non-resident. Actual deduction may vary with the LDC, cost of acquisition, indexation elections and applicable DTAA. Rates per Finance Act 2024.
TDS on NRI property sale — Section 195
When you buy immovable property from a Non-Resident Indian, the responsibility to deduct tax at source falls on you, the buyer, under Section 195 — not the 1% under Section 194-IA that applies to resident sellers. If a Lower Deduction Certificate has not been obtained, TDS must be deducted on the full sale consideration, and the buyer needs a TAN and must deposit the tax and file Form 27Q.
Base rates — long-term vs short-term
The base TDS rate depends only on the holding period of the property in the seller's hands. Long-term (held more than 24 months) is taxed at the concessional LTCG rate; short-term (held 24 months or less) is taxed at the NRI slab-maximum. Surcharge and cess are then added on top.
| Base TDS rate | 12.5% |
| Indexation | Withdrawn |
| Section | 112 / 195 |
| Applies from | 23 Jul 2024 |
| Base TDS rate | 30% |
| Basis | NRI slab max |
| Section | 195 |
| Indexation | Not applicable |
How the effective TDS is calculated
Take the base rate (12.5% or 30%) → add surcharge on that tax by the sale consideration band → add a 4% cess. The result is the effective rate, applied to the full sale value (no LDC) or the certified capital gain (LDC). Worked examples on a long-term sale with no LDC:
Key terms explained
Section 195
The buyer of property from an NRI must deduct TDS at source on the sale. Unlike resident sales (1% under 194-IA), the rate here is the full capital-gains rate — and without an LDC it applies to the entire sale value.
Lower Deduction Certificate (Form 13)
The NRI seller can apply to the AO for a certificate that lets TDS be deducted only on the actual capital gain (or a lower rate), instead of the full sale value — the single biggest way to reduce cash blocked in TDS.
Surcharge & cess
Surcharge is 10% above ₹50L, 15% above ₹1Cr and 25% above ₹2Cr of consideration, charged on the tax. A flat 4% health & education cess then applies on tax plus surcharge.
TAN & Form 27Q
The buyer must obtain a TAN, deposit the deducted TDS, file Form 27Q (the TDS return for non-resident payees) each quarter and issue Form 16A to the seller.
Questions people ask
Short answers on NRI Property Sale TDS (195). Tap a question to open it.
01At what rate is TDS deducted when buying property from an NRI?
Under section 195, at the rate applicable to the seller's income — 12.5% plus surcharge and cess for a long-term capital gain, and at slab rates for a short-term gain — computed on the entire sale consideration unless a lower-deduction certificate is obtained.
02Is the 1% TDS under section 194-IA applicable?
No. Section 194-IA and Form 26QB apply only where the seller is a resident. A purchase from a non-resident falls under section 195, with a different rate, a TAN requirement and a Form 27Q return.
03Does the buyer need a TAN?
Yes. Unlike a purchase from a resident, the buyer must obtain a TAN, deposit the TDS with a challan, file the quarterly Form 27Q and issue Form 16A to the seller.
04How can the NRI reduce the TDS?
By applying for a certificate under section 197 in Form 13 before the sale, so that tax is deducted on the actual expected gain instead of the gross consideration.
05What happens if the buyer deducts too little?
The buyer is treated as an assessee in default and is liable for the shortfall along with interest under section 201(1A) and a possible penalty. The liability follows the buyer, not the seller, which is why buyers insist on the certificate.
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Disclaimer: This tool gives indicative results for general guidance only and is not professional advice. Please verify with a qualified CA before acting on the numbers.