Non-Resident Indians (NRIs) having property in India can sell it, but the procedure is subject to certain legal and tax norms. According to the guidelines of the Foreign Exchange Management Act (FEMA), NRIs can sell residential or commercial property to an Indian resident, another NRI, or a Person of Indian Origin (PIO). Agricultural land, plantation property, and farmhouses, however, can be sold only to Indian residents. The sale has to be in accordance with RBI guidelines, and the proceeds of the sale have to be repatriated via appropriate banking channels.
Important Points Regarding NRI Sale of Property
Eligible Buyers:
NRIs may sell a residential and commercial property to Indian citizens, NRIs, and PIOs.
Farmland, farmhouses, and plantations are to be sold only to Indian residents.
Tax Implications:
- Capital Gains Tax: Short-term (less than 2 years) is charged according to the income tax slab, whereas long-term (more than 2 years) is charged at 20% with indexation relief.
- Tax Deducted at Source (TDS): Buyers are required to deduct TDS at 20% for long-term gains and 30% for short-term gains before payment to the NRI seller.
- Exemptions: NRIs are able to save on capital gains tax by investing in another residential property (under Section 54) or Capital Gains Bonds (Section 54EC).
Power of Attorney (PoA):
NRIs are able to appoint a reliable individual in India to manage the sale process on their behalf through a legally notarized Power of Attorney (PoA).