Non-Resident Indian Selling Property in India: Can Proceeds Go Back to NRE Account?

Ans: As you must be aware, if person wants save tax on capital gain, person should acquire another residential house within a period of three years from the date of transfer of the old house or should construct a residential house, within a period of one year before or two years after the date of transfer of old house.

With effect from Assessment Year 2021-22, the benefit in respect of investment made in two residential house properties is available. The exemption for investment made, by way of purchase or construction, in two residential house properties shall be available if the amount of long-term capital gains does not exceed Rs 2 crore.

If assessee exercisesoption, he shall not be entitled to exercise this option again for the same or any other assessment year.

Benefit will be lower of following:

• Amount of capital gains arising on transfer of residential house; or
• Amount invested in purchase/construction of new residential house property

If till the date of filing the return of income, the capital gain arising on transfer of the house is not utilised (in whole or in part) to purchase or construct another house, then the benefit of exemption can be availed by depositing the unutilised amount in Capital Gains Deposit Account Scheme in any branch of public sector bank, in accordance with Capital Gains Deposit Accounts Scheme, 1988.

So in your case, if you satisfy all the prescribed conditions (including acquiring new property within 3 years, depositing unutilised amount in capital gain deposit account and disclosure is made regarding same in ITR of AY 2022-23 & AY 2023-24); you will get IT benefit.

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: Hello, purchase the new house within 1 year before the date of land sale or within 2 years after the sale.
In case of tax saving bonds , the time duration is within 6 months of sale of property
My views on investing in a property to rent out or investing in bonds :
Always pay the tax and invest in a diversified portfolio of mutual funds in order to generate higher returns and to have full liquidity available at all times.

Please note that these suggestions are based on your stated goals and the information you provided. It is always a good idea to consult with a financial advisor in person to better understand your risk tolerance, time horizon, and specific financial goals.

Ans: Yes, the sale proceeds of a property held for over 14 years and bought from an NRE account can generally be credited back to the same NRE account.

Here's a breakdown of the relevant regulations:

• Foreign Exchange Management Act (FEMA): This Indian law governs foreign exchange transactions.
• Non-Resident External (NRE) Account: This type of account is primarily for NRIs (Non-Resident Indians) to hold foreign currency.

Under FEMA, NRIs can:

• Acquire residential property in India: Using funds from NRE accounts or through inward remittances.
• Sell residential property in India: Repatriate the sale proceeds outside India.

Important conditions:

• Long-term capital gains tax: If the property was held for more than 14 years, the long-term capital gains tax may be applicable. However, there are exemptions and deductions available.
• Repatriation limit: There may be a limit on the amount that can be repatriated per financial year, especially if the property was acquired using funds from an NRO (Non-Resident Ordinary) account or Indian income.

It's crucial to consult with a financial advisor or tax expert to ensure compliance with all applicable laws and regulations, as specific circumstances may vary.