nri

NRI Property Investment in India: Tax, FEMA, and Repatriation

Everything an NRI needs to know before buying, selling, or renting out property in India — including TDS, FEMA, and capital gains rules.

NRI Property Guide

NRIs and OCIs can buy residential and commercial property in India without RBI permission. Agricultural land, plantations, and farmhouses are restricted.

Buying

  • Pay through NRE / NRO / FCNR account or inward remittance.
  • No cap on the number of properties.
  • Power of Attorney to a trusted relative speeds up registration.

Renting out

  • Rent must be credited to an NRO account.
  • 30% TDS applies on rent unless lower deduction certificate obtained.
  • Standard deduction of 30% available before income tax.

Selling

  • Short-term (held under 24 months): taxed at slab rate.
  • Long-term: 20% with indexation OR 12.5% without indexation (from FY 2024-25).
  • Buyer must deduct TDS at 20% (LTCG) or 30% (STCG).

Repatriation

  • Up to USD 1 million per financial year from NRO account with Form 15CA/CB.
  • Sale proceeds of up to 2 residential properties can be repatriated.

Common mistakes

  • Buying without RERA registration
  • Using NRO funds for properties intended for repatriation
  • Skipping the lower TDS certificate (Section 197)

Consult a chartered accountant for your specific situation.