Sale of Property & Capital Gains Tax Services

Sale of Property & Capital Gains Tax Services by Sekharan Associates

Selling a property can be a major financial decision—and without the right tax guidance, it can also come with unexpected tax consequences. Our Capital Gains Tax (CGT) advisory services are designed to help you understand your tax obligations and take advantage of available reliefs and exemptions.

Who Can Benefit?

Ideal for NRIs/PIOs who:

Sell residential or commercial property in India.
Face capital gains tax implications and TDS burdens.
Seek strategies to reduce tax outflow or delay in refund.
Plan fund repatriation post-sale under FEMA rules.

Our Service Offerings

Capital Gains Tax Computation

Classification of capital gains: STCG (sold within 24 months) vs. LTCG (held over 24 months). Effective July 23, 2024, LTCG for NRIs is taxed at flat 12.5% without indexation; STCG taxed per slab rates, up to ~30%

For properties acquired before July 22, 2024, NRIs may choose between old rule (20% with indexation) or new flat 12.5% without indexation

TDS Handling & Lower Deduction Certificates

Buyer deducts TDS at up to 12.5% (plus surcharge & 4% cess) on sale value—even if actual capital gains are lower. Higher rates (up to 30%) apply for STCG
We prepare and submit Form 13 applications to secure lower or nil TDS certificates, minimizing immediate cash flow hit and accelerating refund eligibility

Capital Gains Exemption Strategies

Section 54: Reinvest gains in another residential property within specified timelines to claim exemption.
Section 54EC: Invest in specified bonds (NHAI/REC) within six months to defer tax.
Section 54F: Available when gains from non-residential assets are reinvested in a residential property

DTAA & Repatriation Advisory

In most cases, capital gains on Indian property remain taxable in India, even under DTAA, with limited credit eligibility abroad
Guidance on remitting sale proceeds: bank compliance (Form 15CA/15CB), repatriation limits, documentation, and FEMA rules

TDS Mismatch Dispute Support

Assistance in resolving cases where TDS is not reflected correctly due to buyer errors (e.g., as in a recent NRI case in Delhi High Court)

Client Outcomes

Cash flow protection: Lower TDS certificates prevent excess withholding.
Efficient tax filings: Accurate computation and reclaim of refunds.
Tax savings through exemptions: Well-structured investment strategies using Sections 54/54EC/54F.
Compliance-driven repatriation: Smoothing repatriation of funds via proper documentation and FEMA adherence.
Legal resilience: Support during audits, notices, or technical disputes.

Ready to Simplify Your Sale Process?

Sekharan Associates offers a dedicated service package that includes:

Detailed capital gains computation.
Filing for lower/nil TDS certification.
Planning exemptions under sections 54/54EC/54F.
Preparing ITR and securing refunds.
Strategic repatriation support post-tax settlements.