For Non-Resident Indians (NRIs) aiming to buy or sell property in India, understanding the legal
framework, tax implications, and investment considerations is crucial. This guide provides a
detailed overview of the key aspects to ensure a smooth and compliant transaction.

Legal Framework

Foreign Exchange Management Act (FEMA)

Under the Foreign Exchange Management Act (FEMA), 1999, NRIs are permitted to purchase
property in India. However, there are restrictions on certain types of properties, such as
agricultural land or plantation properties. NRIs are generally treated similarly to resident Indians
in property transactions, but specific regulations must be adhered to.

Required Documentation

NRIs need to prepare and present the following documents for property transactions:
● Passport: Essential for identification and verification.
● PAN Card: Required for tax-related purposes and financial transactions.
● Tax Returns: NRIs must file tax returns if they earn income from the property, such as
rental income.
● Address Proof: Documents proving residence both in India and abroad, such as utility
bills, bank statements, or insurance policy statements.
● Sale Deed: A legal document proving ownership, crucial for both buying and selling
properties.
● Allotment Letter: Necessary for under-construction properties, indicating the allocation
of the property.
● Encumbrance Certificate: Confirms that the property is free from legal dues or
mortgages.
● Occupation Certificate: Proof that the property is completed and ready for occupancy.

Tax Implications

Capital Gains Tax

When selling property, NRIs are subject to capital gains tax:
● Short-term Capital Gains: If the property is sold within three years of purchase, a tax
rate of 30% applies.
● Long-term Capital Gains: If the property is held for more than three years, the tax rate
is 20%. NRIs may benefit from exemptions if they reinvest the gains in another property
or specified bonds.

Tax Deducted at Source (TDS)

TDS at a rate of 20% is applicable on long-term capital gains. NRIs may apply for a tax
exemption certificate if they plan to reinvest the capital gains.

Investment Considerations

Choosing the Right Property

When investing in property, NRIs should consider the following:
● Location: Evaluate the strategic importance of the area, including proximity to amenities
and infrastructure.
● Developer Reputation: Ensure the developer is reputable and registered under the
Real Estate (Regulation and Development) Act (RERA) for transparency and
compliance.
● Sustainability: Eco-friendly and sustainable properties are becoming increasingly
popular.
Financing Options
NRIs can obtain home loans from Indian banks for property purchases. These loans can cover
ready-built homes, under-construction properties, and more. Specific eligibility criteria and
documentation requirements apply.

Conclusion

Navigating property transactions in India as an NRI involves understanding the legal framework,
tax implications, and investment considerations. Ensuring proper documentation and adherence
to regulations is essential for a successful property investment or sale.