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R. A. Dhoot & Co.
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Practice Brief • Income Tax & Direct Taxation

NRI Taxation, Capital Gains & Form 15CA/CB

End-to-end tax advisory for Non-Resident Indians, overseas assets, property sales, and Form 15CA/15CB.

Turnaround: Form 15CA/CB within 24 hours; Section 197 certificate 4 - 6 weeks
Practice Lead: CA. R.A. Dhoot & Cross-Border Advisory Desk

Practice Methodology & Regulatory Scope

Non-Resident Indians encounter complex dual-taxation rules when selling ancestral assets, receiving Indian royalties, or managing NRE/NRO accounts. We manage the entire lifecycle from obtaining lower TDS certificates to foreign bank remittance sign-offs.

Governing Statutory Acts & Guidelines

Section 6 (Residential Status Rules)
Section 195/197 Withholding
FEMA (Remittance of Assets) Regulations
Rule 37BB (Form 15CA/CB)

Tangible Client Deliverables

1
Form 13 application for Lower/Nil TDS Certificate under Section 197
2
Capital Gains calculation on sale of immovable property in India
3
Form 15CA and 15CB certifications for NRO to NRE / foreign transfer
4
Foreign Asset Reporting (Schedule FA) in Indian ITR
5
Tax Residency Certificate (TRC) & Form 10F compliance

Measurable Enterprise Safeguards

Avoid upfront 20%+ surcharge TDS deduction on property transactions
100% compliant documentation preventing RBI or ED scrutiny
Elimination of double taxation via foreign tax credit (FTC - Form 67)

Statutory Practice FAQs

Q: Why does the buyer deduct 20% to 23.92% TDS on NRI property sale?
A: Under Section 195, buyers are mandated to deduct tax at source at full long-term capital gains rates plus surcharge and cess unless the NRI seller obtains a Lower Deduction Certificate (Form 13) under Section 197 from the Income Tax department. We file and expedite this certificate to restrict TDS only to the actual capital gain.
Partner Consultation

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Designated Partner Lead:
CA. R.A. Dhoot & Cross-Border Advisory Desk
ICAI Fellow Chartered Accountant
Strict client confidentiality maintained under ICAI Code of Ethics.