Saturday, May 9, 2026

Buying Property from an NRI in India FY 2026–27: Complete Tax, TDS & DTAA Guide

By CA Surekha Ahuja

FY 2026–27 brings major procedural and compliance changes for buyers purchasing property from NRIs in India, including PAN-based TDS simplification from 1 October 2026 and revised compliance forms under the Income Tax Act, 2025.

This guide explains the complete tax, TDS, DTAA, repatriation and compliance framework applicable to property purchases from NRI sellers in India during FY 2026–27.

Key Change in FY 2026–27

1 April 2026 – 30 September 2026

  • Buyer generally required to obtain TAN
  • TDS governed by Section 393(2)(a)

From 1 October 2026

  • PAN-based simplified TDS mechanism introduced
  • No TAN requirement in eligible cases
  • Section 393(2)(b)

Old vs New Section Mapping

Income Tax Act, 1961Income Tax Act, 2025Purpose
Section 194-IASection 394Resident property TDS
Section 195Section 393(2)TDS on payments to NRIs
Section 195(8A)Section 393(2)(b)PAN-based simplified TDS
Section 206AASection 402Higher TDS for no PAN
Section 197Section 395Lower/nil deduction certificate
Form 13Form 128Lower/nil TDS application
Form 15CAForm 145Foreign remittance declaration
Form 15CBForm 146CA remittance certificate
Form 26ASForm 168Tax credit statement
Form 16AForm 131TDS certificate
Form 27QForm 144NRI TDS return
Section 54Section 123Residential reinvestment exemption
Section 54FSection 124LTCG reinvestment into residential house
Section 54ECSection 125Investment in specified bonds

Correct Tax, TDS & Surcharge Rates – FY 2026–27
CategoryFinal Tax RatePractical TDS Rate*
LTCG (holding ≥24 months)12.5% + surcharge + 4% cess12.5% + surcharge + 4% cess
STCG (holding <24 months)Slab ratesGenerally 30% + surcharge + 4% cess

*Subject to lower/nil deduction certificate under Section 395.

Correct Surcharge Position for Property LTCG

LTCG Taxable Under Section 112

Total IncomeApplicable Surcharge
₹50 lakh – ₹1 crore10%
₹1 crore – ₹2 crore15%
Above ₹2 crore15% cap continues

Cess: 4% on tax plus surcharge.

Enhanced surcharge rates of 25% and 37% do not apply to LTCG taxable under Section 112. Effective surcharge on such gains remains capped at 15%.

Most Important Rule

In NRI property transactions, TDS is generally deducted on the full sale consideration unless the seller obtains a lower deduction certificate.

Although tax is legally deductible on the sum chargeable to tax, buyers commonly deduct on gross consideration to avoid exposure and litigation risk.

Essential Due Diligence Before Purchase

Before payment or registration, verify:

  • Encumbrance Certificate
  • Complete title chain
  • Mutation records
  • Seller PAN
  • Passport / OCI / PIO documents
  • Tax Residency Certificate (TRC)
  • Form 10F in DTAA cases

Maintain:

  • Agreements
  • TDS records
  • Bank trail
  • Capital gains computation
  • Registration documents

for at least 7 years.

Most Important Tax Planning Tool

Section 395 – Form 128

Lower/Nil TDS Certificate.

Why It Matters

Without Form 128:

  • TDS may substantially exceed actual capital gains liability
  • Seller refund may remain blocked for months

With Form 128:

  • TDS aligns closer to actual taxable gains
  • Significant cash-flow relief possible

Best Practice

Apply 45–60 days before registration.

TDS Compliance – Before 1 October 2026

Buyer generally must:

  • Obtain TAN through Form 49B
  • Deposit TDS through ITNS 281
  • File TDS return in Form 144
  • Issue TDS certificate in Form 131

TDS Compliance – From 1 October 2026

Simplified PAN-based process expected:

  • No TAN requirement in eligible cases
  • PAN-based compliance
  • Challan-cum-statement mechanism
  • Simplified certificate generation

Capital Gains Exemptions – FY 2026–27

New SectionEarlier SectionBenefitLimit
Section 123Section 54Residential reinvestment₹10 crore
Section 124Section 54FLTCG reinvestment into residential house₹10 crore
Section 125Section 54ECNHAI / REC bonds₹50 lakh

DTAA Position – No Direct TDS Relief

India generally retains taxation rights over immovable property situated in India.

Therefore:

  • TDS continues to apply in India
  • DTAA usually provides foreign tax credit relief later in country of residence

Repatriation Rules

NRI sellers may generally repatriate:

Up to USD 1 million per financial year

subject to:

  • Payment of taxes
  • FEMA compliance
  • Form 145 / Form 146 compliance
  • Banking documentation

Key Compliance Risks

IssueConsequence
Delay in TDS deductionInterest liability
Delay in TDS depositInterest + penalty
Short deductionBuyer may be treated as assessee in default
No/invalid PANHigher TDS exposure
Incorrect filingsPenalty exposure

Interest under Section 401(1A):

  • 1% per month for non-deduction
  • 1.5% per month for delayed deposit

Final Takeaways

  • PAN verification should happen first
  • Form 128 is the single most important tax planning tool
  • Post-1 October 2026 transactions are procedurally simpler
  • LTCG surcharge on property gains is effectively capped at 15%
  • DTAA does not remove Indian TDS
  • Maintain complete tax and TDS documentation
  • High-value transactions should always be CA-reviewed before payment

Final Practical Strategy

Form 128 filed early + PAN verified upfront + post-1 October 2026 execution (where feasible) = the most efficient structure for buying property from an NRI in India during FY 2026–27.