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NRI Property Sale TDS & Form 13 Savings Calculator.

Estimate the TDS a buyer must withhold on your Indian property sale, the tax actually due on your gain, and how much cash a lower-deduction certificate could free up.

Note: under the Income-tax Act, 2025 (in force from 1 April 2026), the old "Form 13" lower-deduction certificate is now Form 128 filed under Section 395(1), and the TDS charging provision formerly known as Section 195 is now Section 393(2). Most practitioners and this page still refer to both by their familiar old names.

Potential cash freed with Form 128 (Form 13)
—
Default TDS withheld (Sec 393(2) / 195)—
Estimated tax actually due on gain—
Capital gain—

Indicative only. Long-term TDS modelled at 12.5% + cess (about 13%) of the full consideration and LTCG tax at 12.5% + cess on the gain (NRIs get no indexation option, unlike resident sellers). Short-term TDS is modelled at 31.2% of consideration (the standard withholding rate); short-term capital gains on property are not a flat rate in law — they're added to your total income and taxed at your actual slab, so the "tax actually due" figure uses the slab you select above, not a flat 30%. Excludes surcharge, Section 54/54EC reliefs and Section 50C stamp-duty adjustments. Not tax advice.

How to use this

The gap between the default TDS and the tax actually due is the cash a buyer would otherwise withhold and remit to the department — money you reclaim months later, or release up-front with an approved Form 128 (Form 13) certificate.

This estimator is general information, not tax advice. Actual liability depends on surcharge, exemptions under Sections 54/54EC, surcharge, reliefs and your residency. Speak with the Pravasi Desk for a precise computation and the Form 128 (Form 13) application.

Frequently asked questions

Why is the TDS withheld so much higher than my actual tax due?

Section 393(2) (the old Section 195) requires the buyer to withhold on the full sale consideration, not on the capital gain — so even a modest actual gain can trigger withholding many times the real tax liability.

How do I get back the gap between TDS withheld and tax actually due?

Either by filing a return and waiting months for the refund, or by obtaining an approved Form 128 (the old Form 13) lower-deduction certificate under Section 395(1) before the sale, which releases the correct amount up front.

Is short-term capital gain on property really taxed at a flat 30%?

No — unlike the TDS rate, short-term capital gain on property is added to your total income and taxed at your actual slab rate, which can be well below 30% depending on your other income. This calculator lets you pick your slab so the "tax actually due" figure isn't overstated.

Does this calculator account for surcharge and Section 54/54EC reliefs?

No — it's indicative only; actual liability depends on surcharge, Section 54/54EC exemptions, Section 50C stamp-duty adjustments and your residency position.
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