Key takeaways
- India: 12.5% on long-term gains; TDS on the full price unless you get a Form 128 certificate.
- UAE: no tax on the gain, so Indian tax is final.
- Plan the certificate, exemptions and US$1 million repatriation route before signing.
Quick answer: India taxes the gain first (12.5% on long-term gains plus surcharge and cess) and the buyer deducts TDS, usually on the whole price unless you get a lower TDS certificate. There is no further tax in UAE, so Indian tax is your final cost. Plan the certificate and the transfer before you sign.
The India side (same wherever you live)
| Point | Rule for NRIs (2026-27) |
|---|---|
| Long-term gain (held over 24 months) | 12.5% without indexation, plus surcharge and 4% cess. The 20%-with-indexation option for older property is only for resident individuals. |
| Short-term gain | Taxed at your slab rates |
| TDS | The buyer deducts TDS, normally on the whole sale price, unless you get a lower-deduction certificate first. Surcharge adds 10% above ₹50 lakh and 15% above ₹1 crore |
| Lower TDS certificate | Apply online (TRACES) for a Lower/Nil Deduction Certificate (LDC) in Form 128 (formerly Form 13) before the sale, based on your actual gain |
| Exemptions | Reinvest in a house in India (capped at ₹10 crore) or in specified bonds within 6 months (up to ₹50 lakh, 5-year lock-in) |
| Getting money out | From your NRO account, up to US$1 million a financial year with Forms 15CA and 15CB. If you bought with foreign exchange, that amount can go back for up to two homes |
| Refund | File an Indian return to get back TDS that was more than your actual tax |
Mechanics in detail: TDS on sale of property by NRI, the Form 128 certificate and the property capital gains calculator.
The UAE side
- No personal income tax in the UAE, so there is no UAE tax on the gain and nothing to claim credit against.
- Under the India–UAE tax treaty, gains on property in India are taxed in India.
- Because no foreign credit is available, any excess Indian TDS is money lost unless you claim it back. The lower TDS certificate and a timely Indian return matter more for you than for NRIs in most other countries.
- Keep your UAE residence evidence (residence visa, Emirates ID, tax residency certificate if needed) with your Indian return.
The order that saves the most
- Before you sign: work out the real gain (purchase cost, improvement costs, transfer expenses) and decide on any reinvestment.
- Apply for the lower TDS certificate so the buyer deducts on your gain, not the full price. It takes a few weeks, so start early.
- At the sale: make sure the buyer deposits the TDS correctly and gives you the TDS certificate.
- Move the money: Forms 15CA/15CB and your bank for the transfer abroad.
- File returns: in India (for any refund) and in your country of residence, claiming credit for the Indian tax.
Need it handled end to end? NRI property sale service. Other countries: UK · USA · Canada · Australia · Singapore.
Sources
- Income Tax Department: TDS on sale of property by non-residents (section 195 / new Act equivalent)
- RBI: FAQs on remittance of assets by NRIs (USD 1 million facility)
Frequently asked questions
How much tax does an NRI in Dubai pay on selling property in India?
Indian tax only: 12.5% on long-term gains (property held over 24 months) plus surcharge and cess, or slab rates on short-term gains. The UAE has no personal income tax, so there is no further tax there.
How can an NRI in the UAE reduce TDS on a property sale in India?
Apply for a lower-deduction certificate in Form 128 before the sale so the buyer deducts tax on the actual gain rather than the full sale price, and file an Indian return to claim back any excess.
How much TDS does a buyer deduct when an NRI sells property in India?
For long-term property (held over 24 months), 12.5% plus surcharge (10% above ₹50 lakh, 15% above ₹1 crore) and 4% cess, normally on the whole sale price unless the NRI has a lower-deduction certificate.
How much money can an NRI send abroad after selling property in India?
Up to US$1 million per financial year from the NRO account, with Forms 15CA and 15CB. If the property was bought with foreign exchange, that amount can be repatriated for up to two residential properties.
Please note: this guide is general information based on the rules as they stood on the review date above. Regulations and RBI/CBDT procedures change often — please get advice on your specific facts before acting.