NRI Property Seller — Securing a Lower TDS Certificate
A London-based NRI faced 20%+ TDS on a Mumbai property sale despite minimal actual gains. We secured a Form 13 Lower Deduction Certificate that freed the proceeds at closing.
A quarter of the sale, frozen for 18 months.
Under Indian law, the buyer was mandated to deduct TDS at a steep 20% (plus surcharge and cess) on the gross sale consideration — yet the seller's actual capital gains were minimal. Without intervention, nearly a quarter of the total sale value would be frozen with the tax department, leaving the NRI to wait up to eighteen months for a refund. For a seller managing a cross-border transaction, that is the difference between liquidity at closing and capital locked away. The task was to align the withholding with the real liability, before the deed was signed.
How we freed the proceeds.
Precision Calculation
We computed the indexed cost of acquisition, applying inflation-indexation so the seller wasn't taxed on nominal gains created purely by inflation over the holding period.
Form 13 Strategy
We filed a comprehensive online application for a Lower Deduction Certificate (Form 13) with the Jurisdictional Assessing Officer, International Taxation.
Evidence Compilation
We submitted a robust dossier — sale agreement, original purchase deeds, bank statements, and tax residency certificate — to justify the lower rate.
Departmental Liaison
We followed up proactively with the International Taxation ward so the certificate was issued and handed to the buyer before the sale deed was executed.
The capabilities we brought to bear.
NRI Capital Gains Computation
Indexed cost of acquisition and an accurate projected liability, not a gross-value guess.
Form 13 Application
Lower Deduction Certificate filed and pursued with the International Taxation ward.
Documentation & Evidence
Deeds, TRC, and banking trail compiled into a dossier that justified the rate.
Pre-Transaction Execution
Certificate secured and in the buyer's hands before closing.
The results we delivered.
For NRIs, the Lower TDS Certificate is the difference between having liquidity today and having a frozen refund tomorrow.