Chartered Accountants in India, working with clients across the UK

NRI Capital Gain on Sale
Property & Money · Capital gains

Capital gains on sale in India,for sellers living in the UK.

Selling a flat, land, shares or mutual funds in India as an NRI means TDS on the full sale price, not just the gain, unless you plan ahead. We work out the gain, look for exemptions, apply for a lower TDS certificate, report the sale and help you send the money to the UK.

Gain computed before you signFees agreed in writingRepatriation to the UK handled
Property heldOver 24 months is long term
Long-term rate12.5%, no indexation
Default TDSOn the full sale price
RepatriationUp to USD 1 million a year

How capital gains are taxed for NRIs.

A capital gain is the sale price less the cost of buying, improving and selling the asset. Whether it is short-term or long-term depends on how long you held it, and that decides the rate. Non-residents pay tax on gains from all Indian assets, whether or not the money stays in India.

AssetLong-term afterLong-term rateShort-term rate
Land, flat or house24 months12.5%, no indexationSlab rates, up to 30%
Listed shares and equity funds12 months12.5% above ₹1.25 lakh a year20%
Unlisted shares24 months12.5%Slab rates
Debt funds bought after April 2023Always short-termNot applicableSlab rates
Gold and other assets24 months12.5%Slab rates

Surcharge and 4% cess are added. Resident individuals can choose 20% with indexation for land and buildings bought before 23 July 2024; that choice is not open to non-residents.

Why TDS is charged on the full sale price.

When a resident buys from an NRI, the buyer must deduct tax before paying you. Unless you hold a certificate, the buyer deducts at the capital gains rate on the whole sale amount, not just on your gain. On a long-term sale this is usually 13% to 14.95% once surcharge and cess are added.

Example: flat bought for ₹60 lakh, sold for ₹1.2 crore
Sale price₹1,20,00,000
Less purchase cost₹60,00,000
Less improvements and brokerage₹6,00,000
Long-term gain₹54,00,000
Tax due on the gain, with surcharge and cessabout ₹7,72,000
TDS without a certificate (14.95% of the full price)₹17,94,000
Keep the difference in your hands

A lower TDS certificate limits the TDS to the tax actually due on the gain. Without it, the excess comes back only as a refund after you file your return.

Exemptions that can reduce the tax.

NRIs can use the same reinvestment exemptions as residents. See Capital Gain Exemptions on Reinvestment for full conditions.

House to house

Buy another home in India

Reinvest a long-term gain from a residential house in another house in India, bought one year before or two years after the sale, or built within three years. Capped at ₹10 crore.

Bonds

Invest in specified bonds

Invest up to ₹50 lakh of a long-term gain on land or buildings in specified bonds within six months. The bonds are locked in for five years.

Other assets

Sell another asset, buy a house

Reinvest the net sale price of a long-term asset other than a house, such as land or shares, in a residential house in India.

Timing

Capital Gains Account Scheme

If you have not reinvested by the return due date, the amount can be parked in a special bank account to keep the exemption.

Inherited and older property.

  • Inherited propertyThe previous owner's cost and holding period are used to work out your gain.
  • Bought before April 2001Fair market value on 1 April 2001 can be used as the cost, supported by a valuer's report.
  • Stamp duty valueIf the sale price is below the stamp duty value by more than the allowed margin, the stamp duty value is used.
  • Joint ownersEach co-owner reports their own share of the gain and TDS.

See Inheritance and Capital Gain Computation for more detail.

Sending the sale proceeds to the UK.

Sale proceeds are paid into your NRO account. From there, you can repatriate up to USD 1 million each financial year, after tax, with Form 145 and Form 146 (previously 15CA and 15CB). Form 146 is the Chartered Accountant's certificate that tax has been paid.

For property bought with money from an NRE or FCNR account or from abroad, the original foreign currency invested can be repatriated for up to two residential properties.

How we handle your sale.

01
Before signing

Compute the gain

We calculate the expected gain and tax and check every exemption.

02
Certificate

Apply for lower TDS

We file the application so the buyer deducts only the tax actually due.

03
Sale

Guide the buyer

We explain the buyer's TDS obligations and check the deduction is made correctly.

04
Repatriation

Forms 145 and 146

We issue the certificate and help your bank send the money to the UK.

05
Return

Report the gain

We report the sale in your Indian return and note it for your UK return.

Documents for a property sale.

Purchase
  • Purchase agreement and registration receipts
  • Payment proofs and loan statements
  • Bills for improvements
Sale
  • Draft sale agreement
  • Buyer's PAN and details
  • Brokerage and legal bills
You
  • PAN and passport
  • NRO account details
  • UK address and Tax Residency Certificate

Why NRIs in the UK choose us for India tax.

Both sides of the border

We work with the India side of your tax while keeping your UK Self Assessment and treaty position in view.

Reviewed before filing

Every computation is checked by a second Chartered Accountant before anything is filed.

Fees agreed in writing

A written scope and fee before work starts, with no surprise charges later.

Secure and fully online

Encrypted document sharing and e-verification, so nothing needs a trip to India.

One team all year

Returns, TDS refunds, FEMA questions and property sales handled by the same team.

Plain-English answers

Clear explanations of what you owe, why, and what to keep for next year.

Capital gains advice for NRIs selling from the UK.

We help NRIs living across the UK sell property, shares and mutual funds in India, from the tax computation to sending the money back to their UK bank account.

London

City of LondonCanary WharfHarrowWembleySouthallHounslowIlfordEast HamCroydonEdgware

South East

ReadingSloughMilton KeynesOxfordWatfordLutonCrawleyGuildford

Midlands

BirminghamLeicesterCoventryNottinghamWolverhamptonDerbyNorthampton

North of England

ManchesterLeedsBradfordSheffieldLiverpoolNewcastlePreston

East and South West

CambridgePeterboroughBristolSwindonSouthamptonBath

Scotland, Wales, NI

EdinburghGlasgowAberdeenDundeeCardiffSwanseaBelfast

Capital gain on sale FAQs.

Long-term gains on property held for more than 24 months are taxed at 12.5% without indexation, plus surcharge and cess. Short-term gains are taxed at slab rates.
The law requires the buyer to deduct tax on the amount paid to a non-resident. Without a lower TDS certificate, the buyer deducts on the whole amount, which is usually much more than the tax due on the gain.
No. The option of 20% with indexation for land and buildings bought before 23 July 2024 is available only to resident individuals and HUFs.
Yes. NRIs can claim the same reinvestment exemptions as residents, including buying another residential house in India or investing in specified bonds.
Up to USD 1 million each financial year from your NRO account, after tax, with Forms 145 and 146.
If you are UK resident, the gain is generally reportable to HMRC. Indian tax paid can usually be claimed as a credit under the India–UK treaty.
The cost and holding period of the person you inherited from are used. For property bought before 1 April 2001, the value on that date can be used as the cost.

Selling property or shares in India?

Contact us before you sign. We will compute the gain, reduce the TDS and help bring the money to the UK.

This page is general guidance based on Indian income-tax and FEMA rules as they stand, including the Income-tax Act, 2025 that applies from 1 April 2026. It is not legal or financial advice for your situation. Rates, limits and deadlines can change, so please speak to us before acting on it.