Key points
- Property held for more than 24 months is long-term and taxed at 12.5% with no indexation.
- The option of 20% with indexation for property bought before 23 July 2024 is for residents only.
- Short-term gains are added to your income and taxed at slab rates.
- Reinvesting in a house in India, or up to ₹50 lakh in specified bonds, can reduce long-term gains.
How NRIs are taxed on property sales in 2026-27
| Long-term | Short-term | |
|---|---|---|
| Holding period | More than 24 months | 24 months or less |
| Tax rate | 12.5% flat, no indexation | Your slab rate (up to 30%) |
| Surcharge | 10% above ₹50 lakh, 15% above ₹1 crore (capped at 15%) | 10% / 15% / 25% |
| Cess | 4% on tax plus surcharge | |
| Exemptions | New house (old s.54), capital gains bonds (old s.54EC) | None |
No indexation for NRIs
Since 23 July 2024, long-term gains on property are taxed at 12.5% without indexation. Residents who bought before that date can choose the old method (20% with indexation) if it works out cheaper. That choice is not available to NRIs. For an NRI, the gain is simply sale price minus purchase cost, improvements and sale expenses.
Property bought before 1 April 2001
If you inherited or bought property before 1 April 2001, you can use its fair market value on 1 April 2001 (from a registered valuer, capped at the stamp duty value) as your cost. This often cuts the gain sharply. For inherited property, the holding period includes the time the previous owner held it.
Ways to reduce the tax
- Buy or build a house in India (old s.54): buy within 1 year before or 2 years after the sale, or build within 3 years. The exemption covers up to ₹10 crore. If you can't invest before your return is due, park the money in a Capital Gains Account Scheme.
- Capital gains bonds (old s.54EC, now s.85): up to ₹50 lakh in NHAI, REC, PFC or IRFC bonds within 6 months, with a 5-year lock-in.
- Use the treaty: under most tax treaties, India keeps the right to tax gains on Indian property. Your country of residence may tax the gain too, but usually gives credit for Indian tax.
Example
Anita, an NRI in Toronto, bought a Bengaluru flat in January 2025 for ₹60 lakh. She sells it in September 2026 for ₹1.2 crore, paying ₹1 lakh in brokerage. She has ₹3 lakh of other Indian income.
She held it for 20 months, so it's short-term. Her ₹59 lakh gain is added to her ₹3 lakh other income and taxed at slab rates. Total tax comes to about ₹16.5 lakh. Waiting four more months would make it long-term, and the tax on the gain would drop to around ₹8.4 lakh.
Frequently asked questions
What is the capital gains tax rate for NRIs on property in 2026-27?
Can NRIs claim indexation on property bought before July 2024?
Can an NRI claim the section 54 exemption?
Can NRIs invest in 54EC bonds?
Does the ₹1.25 lakh exemption apply to property?
Can I use my basic exemption limit against long-term capital gains?
Read next
- Lower TDS certificate (Form 128) for NRIs
- Repatriating property sale money abroad
- Do NRIs need to file a tax return in India?
A chartered accountant who works with NRIs can get a lower-TDS certificate, file your return and handle repatriation paperwork.
Sources
Important: This calculator gives an estimate based on the Income-tax Act, 2025 as we understand it on 25 October 2026. It doesn't replace advice from a chartered accountant. See our disclaimer.