NRI Taxation

NRI ITR Filing
DTAA Advisory
Property TDS
FEMA Compliance

NRI Taxation Services in Pune

Non-Resident Indians (NRIs) face a unique set of tax obligations and compliance requirements when earning income from or holding assets in India. From rental income and capital gains on property sales to interest on NRO/NRE deposits and dividend income, the Indian tax implications for NRIs are governed by residency status, Double Taxation Avoidance Agreements (DTAAs), and FEMA regulations. CA D P Shewale & Co LLP has extensive experience providing end-to-end NRI tax advisory services through our team of specialists.

Navigating the Complexity of NRI Taxation

NRI taxation in India involves an interplay between the Income Tax Act, FEMA provisions, and bilateral DTAAs. The rules around residential status determination, taxability of different income heads, TDS on property transactions, and repatriation of funds can be confusing without expert guidance. Our team helps NRIs across the globe understand their Indian tax obligations, optimise their tax position through DTAA benefits, and stay fully compliant with all filing and reporting requirements.

Our NRI Taxation Services

Comprehensive NRI tax advisory — from residential status determination to property transactions, DTAA benefits, and repatriation guidance.

Residential Status Determination

Analysis of your stay in India and abroad to determine your correct residential status (NRI, RNOR, or Resident) under Section 6 of the Income Tax Act — which directly impacts your taxable income scope in India.

NRI Income Tax Return Filing

Preparation and e-filing of ITR for NRIs covering rental income, capital gains, interest income, salary received in India, and other Indian-sourced income across all applicable ITR forms.

Capital Gains Consultation

Advisory on short-term and long-term capital gains from property, shares, and mutual funds in India, including indexation benefit calculation and reinvestment exemptions under Sections 54, 54EC, and 54F.

Property Sale TDS Compliance

End-to-end assistance with TDS on NRI property sales, including capital gain computation, online filing of Form 13 for lower or nil TDS certificate, and coordination with the buyer for correct TDS deduction.

DTAA Advisory

Guidance on Double Taxation Avoidance Agreement benefits based on the NRI’s country of residence, including treaty rate application, Tax Residency Certificate (TRC) requirements, and claiming foreign tax credits.

NRI Banking & Investment Advisory

Advice on permissible banking activities (NRO, NRE, FCNR accounts), investment in mutual funds, shares, real estate, and repatriation rules under FEMA regulations.

Immovable Property — Acquisition & Sale

Guidance on FEMA regulations governing purchase and sale of residential and commercial property in India by NRIs and PIOs/OCIs, including RBI approval requirements for restricted categories.

TDS on NRI Property Transactions — Quick Reference

When an NRI sells property in India, the buyer is responsible for TDS deduction. Here are the key rates:

  • Long-Term Capital Gains (LTCG) — TDS at 20% (plus applicable surcharge and cess) on gains from property held over 2 years
  • Short-Term Capital Gains (STCG) — TDS at applicable income tax slab rates for gains on property held under 2 years
  • Form 13 — Lower TDS Certificate — NRI can apply to the Assessing Officer for a lower or nil deduction certificate to avoid excess TDS
  • TDS Deposit Deadline — Buyer must deposit TDS by 7th of the following month after deduction
  • Form 26QB / 27Q — TDS return to be filed by the buyer within 30 days of the end of quarter
  • Repatriation — NRI can repatriate sale proceeds up to USD 1 million per financial year subject to FEMA compliance

Frequently Asked Questions

Do NRIs need to file income tax returns in India?
Yes, if an NRI’s total income in India (before deductions) exceeds the basic exemption limit of Rs 2.5 lakh, or if TDS has been deducted on Indian income and a refund is due, filing an ITR is mandatory or advisable. Filing also helps establish a tax record in India for future transactions and repatriation.
What is the TDS rate on property sale by an NRI?
TDS on property sold by an NRI is deducted at 20% (plus surcharge and cess) on long-term capital gains and at applicable slab rates for short-term capital gains. The NRI can apply for a lower TDS certificate under Section 197 via Form 13 to avoid excess deduction. Without Form 13, the buyer must deduct TDS at the full applicable rate on the entire sale consideration.
Can NRIs claim DTAA benefits to avoid double taxation?
Yes. If India has a DTAA with the NRI’s country of residence, the NRI can claim relief under the treaty to avoid being taxed twice on the same income. This requires a valid Tax Residency Certificate (TRC) from the country of residence and a self-declaration in Form 10F. Our team handles all the documentation required to claim treaty benefits.
Can an NRI buy property in India?
Yes. NRIs and OCIs can purchase residential and commercial property in India without RBI permission. However, agricultural land, plantation property, and farmhouse purchases are restricted and require specific RBI approval. Funds for purchase must be routed through NRE/NRO accounts or through foreign inward remittances via banking channels.

Related Services

Our NRI tax practice works closely with these related service areas:

Expert NRI tax guidance — wherever you are.

Our team handles your Indian tax obligations remotely — no visit required.

About us

The Mission of the Firm is to provide clients with a One-Stop Solution for all their business, financial and regulatory requirements. The firm’s focus on Experience, Expertise & Efficiency has given solutions and deliverables to clients which create Value for them.

Contact Info

Address: Office No.16, 2nd Floor, Bhosale Arcade, Near Vaibhav Theatre, Hadapsar, Pune 411028

Our office is easily accessible from Magarpatta, Amanora, Hadapsar, and nearby areas in Pune.

Telephone: 020-26872345, 020-26825345, +91 9322006181

Email: info@cadpshewale.in

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