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The Daily Insight

How much amount is taxable in India for a non-resident individual?

Author

Henry Morales

Published Mar 02, 2026

New rules to determine residential status of NRIs Accordingly, visiting NRIs whose total income (which is defined as taxable income) in India is up to Rs 15 lakh during the financial year will continue to remain NRIs if the stay does not exceed 181 days, as was the case earlier.

How can NRI avoid TDS on property sale?

To reduce the TDS on Sale of Property by NRI, the NRI is required to file an application in Form 13 with the Income Tax Department for issuance of Certificate for Nil/ Lower Deduction of TDS.

What is tax rate for non-resident companies?

Foreign companies that have a Permanent Establishment (‘PE’) or Branch/ Project Office in India are taxable at the higher basic rate of 40%, which, with applicable surcharge and education cess, results in a rate of either 41.60, 42.43 or 43.68%. There is a Minimum Alternate Tax (‘MAT’) regime in India.

How much tax do you pay when you sell to a non resident?

5% of the selling price where the seller is a non-resident natural person; 5% of the selling price where the seller is a non-resident company; and 10% of the selling price where the seller is a non-resident trust.

What happens when you sell a property to a non-resident?

To the extent that a lesser amount is due in the form of a capital gains tax exposure for the non-resident, the balance overpaid is refunded to the seller upon submission of an annual income tax return.

Do you have to pay taxes on sale of u.s.property?

U.S. tax law requires that any non-resident alien who sells an interest in U.S. real property is subject to withholding for tax purposes of 15% of the gross sales price. This is required by the U.S. Foreign Investment in Real Property Tax Act and is referred to as F.I.R.P.T.A.

What kind of tax return do I need as a nonresident?

Nonresident aliens who are required to file an income tax return must use: Form 1040NR, U.S. Nonresident Alien Income Tax Return or, Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents, if qualified. Refer to the Instructions for Form 1040NR-EZ to determine if you qualify.