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 1972
Capital Gains calculation on sale of immovable property in India3
Form 15CA and 15CB certifications for NRO to NRE / foreign transfer4
Foreign Asset Reporting (Schedule FA) in Indian ITR5
Tax Residency Certificate (TRC) & Form 10F complianceMeasurable 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
Engage Practice Partner
Schedule an in-person chambers discussion or encrypted virtual conference with our senior practice leader.
Designated Partner Lead:
CA. R.A. Dhoot & Cross-Border Advisory Desk
ICAI Fellow Chartered Accountant
Strict client confidentiality maintained under ICAI Code of Ethics.