I live in Texas and I'm planning to sell a property I own in Mumbai. What are the legal requirements for selling property in India as an NRI and are there any specific taxes I need to be aware of?

Ans: With respect to capital gain query, it is advisable to take valuation report from approved valuer who will make report considering ready recknor value decided by concerned gov authorities as on 1 4 2001.

For account opening related query, better to contact your banker and for US tax laws query, please contact US Tax Consultant.

Ans: Upto 1 Million USD, an NRI can transfer from NRO account to NRE account per annum. Tax paid certificate need to be submitted to the banker before transfer.

Ans: As an NRI, any capital gains arising from the sale of property in India are subject to taxation under the Income Tax Act, 1961. Here's how the taxation works and some strategies to minimize your tax liability:

Tax on Capital Gains: The capital gains tax is calculated based on the profit earned from the sale of the property. The gain is classified as either short-term capital gains (STCG) or long-term capital gains (LTCG), depending on the holding period of the property.
STCG: If the property is held for less than 24 months (two years), the gains are treated as short-term capital gains and taxed at your applicable slab rate.
LTCG: If the property is held for 24 months or more, the gains are treated as long-term capital gains. For NRIs, LTCG on the sale of property is taxed at a flat rate of 20%, with indexation benefits available.
Indexation Benefit: Indexation allows you to adjust the purchase price of the property for inflation, thereby reducing the taxable capital gains. This helps in minimizing the tax liability on long-term capital gains.
Exemptions and Deductions: Under Section 54 of the Income Tax Act, you can claim an exemption from LTCG tax if you invest the proceeds from the sale of the property in another residential property within a specified period. The exemption is available if the new property is purchased within one year before or two years after the sale, or within three years for under-construction properties. The entire amount of LTCG or the cost of the new property, whichever is lower, is eligible for exemption.
Capital Gains Account Scheme (CGAS): If you are unable to reinvest the proceeds from the sale immediately, you can deposit the gains into a Capital Gains Account Scheme (CGAS) with a designated bank. The amount deposited in the CGAS must be utilized for purchasing a new property within the specified time frame to claim the exemption.
Tax Consultation: Since tax laws can be complex and subject to change, it's advisable to consult with a tax advisor or chartered accountant specializing in NRI taxation. They can provide personalized advice based on your specific situation and help you navigate the tax implications effectively.
By planning your property transactions strategically and leveraging available tax-saving provisions, you can minimize your capital gains tax liability and maximize your returns from the sale of property.

Ans: Investing in housing properties in India while being based in Saudi Arabia is an important financial decision. This requires careful planning, especially when navigating legal and regulatory landscapes. As you look to invest, the first step is to clearly define your objective. Are you investing for rental income, capital appreciation, or a future home? Your objective will determine your approach to property selection and legal compliance.

Three key points to keep in mind:

Purpose of investment: Rental income, capital appreciation, or personal use
Timeline: Short-term or long-term investment
Risk appetite: Level of risk you are willing to take
Your investment goals should align with your long-term financial objectives.

Take your time and plan every step carefully.

Understanding the Regulatory Environment

Being an NRI (Non-Resident Indian), there are specific regulations you must follow while purchasing property in India. The Foreign Exchange Management Act (FEMA) governs such transactions. According to FEMA, NRIs can purchase residential or commercial property in India without any restrictions. However, agricultural land, plantation property, or farmhouses are not permissible for NRIs.

Three important points to consider:

Residential/commercial property purchase is allowed under FEMA
Agricultural land, plantation, or farmhouses are not allowed for NRIs
Ensure compliance with all RBI regulations under FEMA
Being compliant with FEMA regulations will ensure a smooth purchase process.

Verifying the Property Title

One of the most critical steps in purchasing property is verifying the title of the property. This ensures that the seller has a clear and marketable title. This step involves checking property documents, encumbrance certificates, and legal clearances. A clear title means that there are no disputes or claims on the property.

Three essential steps for title verification:

Obtain the original title deed from the seller
Ensure the property is free from encumbrances
Verify that all legal clearances are in place
Clear title verification will protect you from future legal issues.

Hiring a Legal Expert in India

Given the complexity of property transactions in India, it is advisable to hire a qualified legal expert who can guide you through the process. A legal expert will help you with due diligence, title verification, and compliance with local laws. They will also draft or review the sale agreement and other legal documents.

Key responsibilities of a legal expert:

Conducting due diligence and verifying property documents
Ensuring compliance with local laws and regulations
Drafting or reviewing the sale agreement
A legal expert’s involvement is crucial for a smooth and secure transaction.

Understanding Tax Implications

Purchasing property in India has tax implications that you need to be aware of. As an NRI, you are liable to pay taxes on the income generated from the property, such as rental income or capital gains upon sale. You must also comply with the provisions of the Double Taxation Avoidance Agreement (DTAA) between India and Saudi Arabia.

Three tax aspects to consider:

Tax on rental income from the property
Capital gains tax upon sale of the property
Compliance with DTAA provisions
Understanding tax implications will help you plan your finances better.

Opening an NRE/NRO Account

For property transactions in India, it is mandatory to have an NRE (Non-Resident External) or NRO (Non-Resident Ordinary) account. All transactions, including payments for the property, must be routed through these accounts. An NRE account allows you to repatriate funds back to Saudi Arabia, while an NRO account is used for income earned in India.

Three benefits of having NRE/NRO accounts:

Facilitate property transactions in India
Allow repatriation of funds to Saudi Arabia
Manage income earned in India, such as rent
Having an NRE/NRO account simplifies financial transactions related to your property investment.

Arranging Financing Options

If you require financing for your property purchase, Indian banks offer home loans to NRIs. However, the loan amount, tenure, and interest rates may differ for NRIs compared to resident Indians. You must ensure that you meet all the eligibility criteria and provide the necessary documentation to the bank.

Three key considerations for financing:

Understand the loan eligibility criteria for NRIs
Compare interest rates and loan terms offered by different banks
Ensure you have all the required documentation
Carefully assess your financing options to choose the one that best suits your needs.

Drafting the Sale Agreement

The sale agreement is a crucial document in the property purchase process. It outlines the terms and conditions of the sale, payment schedule, and other important details. It is advisable to have the sale agreement reviewed by your legal expert to ensure that your interests are protected.

Three important elements in the sale agreement:

Clearly defined terms and conditions of the sale
Detailed payment schedule and timelines
Clauses protecting your interests in case of disputes
A well-drafted sale agreement ensures a smooth transaction and protects you from potential issues.

Understanding Registration Process

The registration of the property is a legal requirement in India. The property must be registered in your name at the local sub-registrar’s office. You must pay the stamp duty and registration charges, which vary by state. The registration process legally transfers the ownership of the property to you.

Three steps for property registration:

Pay the applicable stamp duty and registration charges
Submit all required documents to the sub-registrar’s office
Complete the registration process and obtain the registered sale deed
Registering the property is essential to establish legal ownership.

Ensuring Property Management

As you will be based in Saudi Arabia, managing your property in India could be challenging. It is advisable to hire a property management company or a trusted representative in India who can oversee the maintenance, tenant management, and other aspects of your property.

Three responsibilities of property management:

Regular maintenance and upkeep of the property
Managing tenants and collecting rent
Handling legal and administrative tasks related to the property
A reliable property management service ensures that your investment is well-maintained.

Final Insights

Investing in housing properties in India from abroad involves a series of legal and regulatory steps. It is crucial to understand the regulatory environment, verify the property title, and hire a legal expert. Opening an NRE/NRO account, understanding tax implications, and drafting a robust sale agreement are equally important. If financing is required, explore the best options available to NRIs. Finally, ensure that you have a reliable property management solution in place.

By following these steps, you can ensure a smooth and legally compliant property purchase in India. Your investment will then contribute to your long-term financial goals.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

Ans: 01. Since you are Resident Citizen in 2023-24 & your status during F/Y 2024-25 cannot be confirmed till the year under reference is complete.
02. Under these circumstances, your status would be treated as Resident Citizen, for the purpose of applicability of TDS on sale of property at present.
03. In my opinion, you should be subject to 1% TDS, while selling the property in normal case.
04. However, if you become NRI for with reference to F/Y 2024-25, You should file your ITR as NRI & not as Indian Citizen.
Most welcome for any further clarification. Thanks.