Five Things NRIs Buying Property In India Must Know
Nature of property:
NRIs can buy all sorts of immovable properties in India other than agricultural land,
farm house and plantation property. To acquire agricultural land/plantation
property/farm house in India, they have to get approval from the RBI and the
When an NRI sells a property in India, TDS (tax deducted at source) calculation is
done at the rate of 20.6 per cent on long-term capital gains and 30.9 per cent on
short-term capital gains. However, the final taxation rate is similar for NRIs and
resident Indians. If an NRI has a lower tax slab applicable to him, he can apply for
a refund of the TDS by filing their income tax return.
The RBI has given a general permission to banks and housing finance companies
registered with the National Housing Bank to provide loans to NRIs for buying
residential property in India. Sanctioned in Indian currency, the loan has to be
repaid using the same currency. However, the loan amount, according to the
regulations, cannot be credited directly to the bank account of an NRI and has to be
disbursed to either the seller’s or the developer’s account. The loan can be repaid
using funds in an NRI’s NRO/NRE account or FCNR deposits.
Power of attorney (PoA):
As they live outside, NRIs have an option to give PoA to their friends or relatives
to complete the property purchase process in India. The PoA can be general or
specific about the rights your representative can exercise
Repatriation of funds back to the foreign country:
There are certain guidelines for repatriation of funds. An NRI or Person of Indian
origin (PIO) may repatriate the proceeds from the sale of immovable property in
India on the conditions mentioned below:
The property must have been purchased in accordance with the FEMA directives,
applicable at the time of purchase.
The amount repatriated cannot exceed the original amount paid for the property, if
the property was acquired in foreign exchange remitted through normal banking
channels or out of funds held in an FCNR (B) account.
However, in the following circumstances, the NRI/PIO may repatriate a maximum of $ 1
million per financial year: