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India · Capital gains

Sold property or shares in India? File it right.

When an NRI sells Indian property, shares or mutual funds, the gain is taxable in India — and the buyer or your broker has usually already withheld TDS, often far more than you actually owe. A qualified CA computes your short- and long-term gains, applies indexation and the Section 54 / 54EC / 54F exemptions, claims DTAA relief, and recovers the excess TDS as a refund.

§ Short vs long term

First, how long you held it.

The holding period decides whether your gain is short-term (STCG) or long-term (LTCG), and that in turn sets the rate. The thresholds differ by asset, and the rates changed for transfers on or after 23 July 2024. We classify every transaction to the correct bucket before computing a single rupee.

AssetLong-term if heldSTCG rateLTCG rate
Listed shares & equity mutual fundsover 12 months20%12.5% above ₹1.25 lakh / year
Immovable property (land & buildings)over 24 monthsslab rate12.5% without indexation
Unlisted shares, debt funds, gold & other assetsover 24 monthsslab rate12.5%

Equity has its own rules

Listed equity and equity mutual funds carry STT, so LTCG is taxed at 12.5% only on gains above ₹1.25 lakh in the year, and pre-31-January-2018 gains are protected by grandfathering. We apply the correct cost-of-acquisition rule rather than a blanket purchase price.
§ Indexation & cost

Getting the cost base right.

For property bought before 23 July 2024, resident and NRI sellers can often still choose the older method — 20% with indexation, which inflates your purchase cost by the Cost Inflation Index — where it produces a lower bill than the new flat 12.5%. We compute both and pick the one that costs you less.

Indexed cost

We index your original purchase price (and eligible improvement costs) by the CII for the year of sale, shrinking the taxable gain on older property holdings.

Cost of improvement

Capital improvements, stamp duty, registration and brokerage are added to your cost base — provided they are documented. We help you assemble the proof.

Grandfathering for equity

For listed shares and equity funds bought before 1 February 2018, the cost is stepped up to the highest of actual cost or the fair market value on 31 January 2018.

§ TDS & Section 197

The TDS trap on NRI property sales.

When an NRI sells Indian property, the buyer must deduct TDS on the whole sale value — not on the gain — at rates that are far higher than for resident sellers. Left alone, that locks up a large slice of your sale proceeds until you file and claim it back. There is a better way.

ScenarioTDS deducted onTypical rate (plus surcharge & cess)
NRI sells long-term propertyfull sale consideration12.5%
NRI sells short-term propertyfull sale consideration30%
With a Section 197 lower-deduction certificatethe actual capital gain onlyrate set by the Assessing Officer

Apply for the Section 197 certificate before you sell

A lower-deduction certificate under Section 197 lets the buyer withhold TDS on your real gain rather than the gross sale price — freeing up cash at completion instead of waiting a year for a refund. It must be obtained before the sale, so plan early. We prepare and file the application for you.
§ Exemptions & relief

Reinvest, and cut the bill.

Long-term gains can be reduced or eliminated by reinvesting within strict timelines, and DTAA relief stops you being taxed twice on the same gain in your country of residence. Both need to be filed correctly — and on time.

Section 54

Reinvest a long-term gain from one residential house into another within the prescribed window to exempt that gain. We track the timelines and the Capital Gains Account Scheme deposit if you have not yet bought.

Section 54EC

Invest the gain on property into NHAI / REC bonds within 6 months — up to ₹50 lakh a year — to exempt it, with a 5-year lock-in. We map the deadline against your sale date.

Section 54F

Sell any long-term asset other than a house and reinvest the net consideration into a residential property to claim a proportionate exemption, subject to the one-house condition.

DTAA relief

India’s double-tax treaties let you avoid being taxed twice on the same capital gain. We apply the correct treaty article, file Form 67 for foreign tax credit where relevant, and reconcile against your Form 26AS and AIS so the figures match what the department already holds.
§ How it works

From sale deed to filed return.

  1. 1

    Share the deal

    Sale and purchase deeds, broker or demat statements, TDS certificates, and improvement-cost proofs — securely in the portal.
  2. 2

    We compute the gain

    Your CA classifies STCG vs LTCG, applies indexation or grandfathering, and tests every eligible exemption under Sections 54, 54EC and 54F.
  3. 3

    Lower TDS & reclaim

    Where it helps, we file the Section 197 certificate before completion, and reconcile all TDS against Form 26AS and the AIS to claim your refund.
  4. 4

    You approve, we e-file

    Review the return with DTAA relief applied, confirm, and we e-file with the Income Tax Department and track the refund through to credit.

Plan before you complete

The biggest savings — a Section 197 certificate and the reinvestment windows under 54 / 54EC / 54F — turn on dates. Talk to us before the sale closes, not after, and we can keep far more of your proceeds working.