Cross-border tax advisory for Non-Resident Indians globally — Chartered Accountant certification for foreign remittances (Form 15CB, renumbered Form 146), lower TDS certificates on Indian property sales, DTAA treaty relief and FEMA repatriation.
An NRI selling immovable property in India faces tax withheld on the gross sale consideration, not on the actual gain — which frequently means far more tax is deducted than is ultimately payable, locked up until a refund is processed a year or more later. The remedy is a lower or nil deduction certificate obtained before the sale completes.
Under the Income-tax Act, 1961, that application is made in Form 13 under Section 197. From Tax Year 2026-27, the corresponding provision is Section 395 of the Income-tax Act, 2025, and the application moves to Form No. 128. The withholding obligation itself, previously Section 195, is now Section 393(2), Table Sl. No. 17.
We also issue the Chartered Accountant certificate required by authorised dealer banks before an outward remittance, and file the accompanying remitter declaration.
The Income-tax Act, 2025 came into force on 1 April 2026 and applies from Tax Year 2026-27 onwards. Filings for FY 2025-26 (AY 2026-27) continue to be governed by the Income-tax Act, 1961, including Forms 3CA, 3CB and 3CD. Our engagement letters and working papers reference both frameworks during the transition period.
| Purpose | Up to 31 March 2026 | From 1 April 2026 |
|---|---|---|
| Remitter's online declaration | Form 15CA | Form 145 |
| Chartered Accountant certificate | Form 15CB | Form 146 |
| Application for lower / nil TDS certificate | Form 13 | Form No. 128 |
| Quarterly TDS return, non-resident payments | Form 27Q | Form 144 |
| TDS certificate, non-salary | Form 16A | Form 131 |
| Withholding provision | Section 195 | Section 393(2), Sl. No. 17 |
| Lower / nil deduction certificate | Section 197 | Section 395 |
The Chartered Accountant certificate authorised dealer banks require before releasing an outward remittance, confirming taxability and the rate of tax withheld.
E-filing of the remitter's declaration in the correct Part (A, B, C or D) on the Income-tax e-filing portal. A CA certificate is required where taxable remittances to the same non-resident exceed ₹5 lakh in the year.
Application under Section 197 (Form 13), and Section 395 (Form No. 128) from Tax Year 2026-27, so that tax is withheld on the actual capital gain rather than on the gross sale consideration.
Applying Double Taxation Avoidance Agreement provisions for residents of the UAE, Qatar, Oman, Saudi Arabia, the US, the UK and other treaty partners, with Tax Residency Certificate and Form 10F documentation.
Sale proceeds credited to an NRO account are not freely remittable. Repatriation is permitted up to USD 1 million per financial year out of balances in an NRO account, supported by the prescribed certification and the authorised dealer bank's documentation. We prepare the certification and coordinate with the bank so the remittance is not held up at the counter. [VERIFY — limit & documentation]
No. A CA certificate is required where the remittance is taxable and aggregate remittances to the same non-resident exceed ₹5 lakh in the financial year. Below that, or where the payment is not chargeable to tax, the declaration alone applies. Aggregation is across the year — payments cannot be split to stay below the threshold.
Before the sale deed is executed. Once the buyer has deducted tax at the standard rate, the only remaining route is a refund claim through the return, which takes considerably longer.
Not automatically. The payer must hold a valid Tax Residency Certificate and Form 10F, along with the prescribed declaration, before applying a treaty rate. Without that documentation the domestic rate applies.
Related: Tax Audit & ITR Filing · Virtual CFO Services · Insights Hub
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