TDS rules when buying a property from an NRI seller
Under the India income-tax law, if the seller qualifies as a non-resident in India during the relevant financial year, the buyer is required to deduct TDS at specified rate (plus applicable surcharge and health and education cess) on taxable capital gain on sale of immovable property. The specified rate is 20% (plus applicable surcharge and health and education cess) in case of long-term capital gains (LTCG) and 30% (plus applicable surcharge and health and education cess) in case of short-term capital gains (STCG). Accordingly, you as a buyer is liable to deduct TDS and not the bank. Any immovable property held for a period of more than 24 months is classified as a long-term capital asset (LTCA). In case of an LTCA, taxable capital gain will be net sale proceeds less indexed cost of acquisition (i.e. adjusted as per the Cost Inflation Index or CII) less indexed cost of improvement. The seller is entitled to exemption in respect of LTCG tax under specified...