Selling Indian property as an NRI? See the TDS your buyer deducts, your real tax, how long the excess is stuck, and if a Form 128 certificate is worth it.

How much of your sale price gets held back, for how long, and is a lower-TDS certificate worth it.

v1 — first publication 2026-11-04.

AI tools for chartered accountants

AI tools for chartered accountants

NRI Property Sale — Blocked Cash & Form 128 Check

by CA Karan Gupta

How much of your sale price gets held back, for how long, and is a lower-TDS certificate worth it.

Last statutory update: 4 Nov 2026 — v1 — first publication 2026-11-04.

Statutory context

Income-tax Act, 2025: s.393(2) Table Sl. 17 (TDS on payments to non-residents), s.197 (12.5% LTCG; the indexed-20% option of s.197(3) is resident-only), s.78 (stamp value >110%), s.2(101) (24-month holding), s.202(1) slabs, s.82/s.86/s.85 exemptions, s.395(1)/Form 128 and Rule 213 (lower deduction certificate), s.437 (0.5% a month refund interest; nil under 10%), s.263(1) (31 July due date). CBDT Notification 121/2026 (G.S.R. 830(E), 22 Sep 2026): Form 141 Schedule E, no TAN for resident individual/HUF buyers from 1 Oct 2026; Form 132 certificate.

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