Tax and money transfer guide for NRIs who want to sell their property in India
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Tax and Money Transfer Guide For NRIs Who Sold Their Indian Property

Updated on December 06, 2021 10:22 am
House Sale

Selling a property in India that you currently own but will not use should be a pretty straightforward process. However, the tricky part is not 'finding the right buyer' but 'getting the funds transferred to the United States after selling the property in India.

Multiple taxes and lengthy documentation requirements for anyone looking to sell their house in India and transfer their funds to the US can be overwhelming.

In this article, we will explain the necessary steps, required documentation, and the tax implications for getting the funds transferred to the US after your property has been sold in India.

Prerequisites For An NRI To Repatriate Money After Selling Your Indian Property

Non-resident Indian (NRI) is a residential status determined by an individual's tax liability. Technically, an NRI status is more a taxation status than a residential status, and a citizenship status does not have an impact.

Who Is An NRI?

An Individual's NRI status is determined based on the period of stay of the taxpayer in India and is computed separately for each year.

  • The person has been in India for less than 182 days in that financial year

OR

  • The person is in India for less than 60 days during that financial year. He has been in India for less than 365 days during four previous years immediately preceding the relevant financial year.

Can An NRI Inherit Immovable Property In India?

Yes. NRIs, PIOs, and foreign nationals of non-Indian origin can inherit immovable property in India.

However, citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, and Bhutan need to get prior approval from the Reserve Bank of India (RBI).

From Whom Can An NRI Inherit Immovable Property?

An NRI can inherit immovable property from another NRI, PIO, or foreign nationals of non-Indian origin.

Can An NRI Sell Their Inherited Property In India?

Mostly yes, but it depends on the type of property.

Residential or commercial property in India that you have inherited or bought can be sold to another NRI, a Person of Indian Origin (PIO), and a resident in India.



Agricultural land, plantation property, or farmhouse acquired by way of inheritance can only be sold to Indian citizens permanently residing in India.

If you are a PIO, you will need prior approval from the Reserve Bank of India.

Can An NRI/PIO Repatriate The Sale Proceeds Of Their Inherited Property?

NRIs and PIOs can repatriate the sale proceeds of the immovable property inherited from a person resident in India.

You must prove through evidence that you did inherit the property along with all the necessary tax clearance certificates from the Income-Tax authority. Keep in mind that the amount should not exceed USD one million per financial year (April-March), according to the RBI guidelines.

Can An NRI/PIO Repatriate The Sale Proceeds Of A Property Received As A Gift?

Yes, keep in mind that if the immovable property was acquired by way of gift, the sale proceeds should be credited to NRO account only.

From the balance in the NRO account, NRI/PIO may remit up to USD one million per financial year (April-March). Provided the remitter has filled all documents required by the RBI and the Income-tax authority. We will discuss the documentation and taxation later in the blog.

Can I Use My NRE/NRO Account To Repatriate The Sale Proceeds Of Immovable Property?

The answer depends on tax status at the time of purchase, as laid out by the RBI under FEMA.

Let's break it down.

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Repatriation Of Sale Proceeds Of A Property Bought As A Resident Of India

If you bought the property when you were a resident of India, the sale proceeds must be credited to your Non-Resident Ordinary (NRO) account. A few conditions are:

  • You can repatriate only up to USD one million, including all other capital transactions per Indian financial year, which is between April and March.
  • You have to prove that you have paid all your tax dues.
  • Repatriation is restricted to the sale of two residential properties only.

You can do this repatriation if you have held the property for at least ten years. If you have kept the property for less than ten years, you can't repatriate the money immediately.

You need to keep the funds in your NRO account until it completes the ten-year period and then transfer.

Let's say you bought the property in 2012 and sell it in 2022. You can freely repatriate your sale proceeds after fulfilling the conditions required by the banks and tax authorities. 

If you had sold the same property in 2021, you would need to keep the sale proceeds in your NRO account till 2022 till you can freely repatriate in 2022.

The conditions are different if you were an NRI at the time of purchase. For instance, waiting for ten years to complete repatriation doesn't apply to sales proceeds of properties bought by NRIs with their foreign money.

Repatriation Of Sale Proceeds Of The Property Bought As A Non-resident Of India

The sale proceeds of the property that you have purchased after you become an NRI can be remitted outside India only after certain conditions are met. The conditions are as follows:

  • Repatriation of sale proceeds of immovable property should not be agricultural land, farmhouse, or plantation property in India.
  • The property was purchased in compliance with the foreign exchange laws or Foreign Exchange Management Act (FEMA) regulations prevalent at the time of the purchase.
  • The repatriation of sale proceeds cannot exceed the amount of foreign exchange remitted by the NRI to India to buy the said property through formal banking channels or out of funds held in a Foreign Currency Non-Resident (FCNR) account.
  • The repatriation of sale proceeds cannot exceed the amount of loan repayment made using foreign inward remittance or debit to Non-Resident External (NRE) or FCNR accounts.
  • The remittance cannot exceed the amount paid through an NRE account at the time of purchase.
  • In the case of residential property, the repatriation of sale proceeds is restricted to not more than two such properties.
  • In all cases, the amount of sale proceeds must be credited to the NRO account, and only up to USD one million per financial year can be repatriated. An NRO account is different from an NRE account.
  • In all cases, repatriation is subject to fulfillment of documentation required by the RBI and tax liabilities required by the Income-tax authority and the Central Board of Direct Taxes (CBDT).

Documents Required To Transfer Sales Proceeds Of A Property In India To The United States

  1. A government-authorized photo ID proof of the sender is required. These documents can be a Passport, valid Voter ID, and Aadhar Card number.
  2. Permanent Account Number (PAN) card of both parties
  3. Copy of the sale document of the property
  4. If the NRI inherited the property, then she/he will have to present a copy of the will or death certificate or a legal heir certificate of the original owner of the property
  5. Tax Residency Certification
  6. Tax Exemption Certificate from the Income Tax Department under section 195 of the Income Tax Act, 1961
  7. Form 15CA, as per the revised Rule 37BB, banks and money transfer companies need to furnish Form 15CA as proof of tax clearance from the tax department under the Income Tax Act.
  8. Form 15CB is a declaration form required to be filed by the remitter. Form 15CB must be signed by a Chartered Accountant. In Form 15CB, the CA, in a way, attests to the details of the payment, tax compliance, and other components of the remittance.
  9. The bank may require additional documents on a case-by-case basis.

Modes Of Funds Transfer To The USA

An NRI can send money from India to the US in many ways as long as they are sent through an Authorized Dealer (AD) that includes banks, money transfer agents, Non-Banking Financial Company, etc approved by the Reserve Bank of India.

RBI's complete list of ADs

However, we recommend sticking to your bank due to the technicalities of repatriation of funds pertaining to the sale of immovable property.

Bank to bank transfers are facilitated through the Society for Worldwide Interbank Financial Telecommunication (SWIFT) network. Essential documents for a bank to bank transfers are:

  1. Sender's bank details (name, address, account number)
  2. Recipient's bank details (name, address, account number)
  3. Swift code or routing number
  4.  to make the transfer.

Details Of The Sender & Receiver Such As:

  1. Name and address
  2. PAN 
  3. Principal place of business
  4. Name of bank and branch
  5. Code of the bank

Upon submission of the documents, the money will be transferred to the beneficiary account. The best Indian banks to send money to the USA from India are :

  • SBI
  • ICICI Bank
  • Axis Bank
  • Kotak Bank
  • PNB
  • HDFC Bank
  • City Union Bank
  • Federal Bank Limited, etc

NRIs and PIOs are allowed to repatriate an amount up to USD one million per financial year subject to mandatory documentation and tax compliance through Authorised Dealers.

Tax Implications On Money Sent To The US From India

Tax Implications In The U.S. For Money Received From India

The funds sent to a US bank account from India are not taxable. However, if the funds exceed the USD 100,000 mark for any financial year, they must be reported to the Internal Revenue Service (IRS) by filling out form 3520.

U.S. persons (and executors of estates of U.S. descendants) file Form 3520 with the IRS to report:

  1. Transactions with foreign trusts
  2. Ownership of foreign trusts
  3. Receipt of large gifts from foreign persons.

If you receive more than $15,000 in 2021 or $16,000 in 2022 as a gift, you must file Form 709 with the IRS. The IRS allows you to receive up to $11.7 million over your lifetime without paying gift tax in the US.

You would also be required to declare your gains or losses on property sale in your US Tax Return under Section D of Form 1040. A declaration does not necessarily mean tax liability.

You can deduct the taxes paid in India since India has a Double Taxation Avoidance Agreement (DTAA) with the United States.

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Tax Implications In India For The Property Sold In India

Tax implications for an NRI are similar to the resident Indian when it comes to funds from the sale of immovable property, except for the Tax Deducted at Source (TDS) provisions.

Tax Deducted At Source (TDS)

When an NRI sells a property, the buyer is liable to deduct TDS at 20 percent if the property was sold after two years from the date of purchase. If the property has been sold before two years from the date of purchase, a TDS of 30 percent shall be applicable.

To reduce the TDS on the Sale of Property, you can file an application using Form 13 with the Income Tax Department to issue a Certificate for Nil or Lower Deduction of TDS.

Capital Gains Tax

When an NRI sells a property in India, they are also liable to capital gains tax. The amount of tax payable depends on whether it's a short-term or a long-term capital gain.

As per the Income Tax Authority, If you sell your property within 36 months or three years of acquiring it, it's considered a short-term capital gain. If you sell it after three years, it's considered to be a long-term capital gain.

The tax rates and tax benefits applicable to the reinvestment of these two types of gains vary. Long-term Capital Gains on the sale of real estate are taxed at 20 percent, plus a cess of 3 percent if the sale fulfills certain conditions.

The tax on short-term capital gains, which refers to the sale of capital assets within three years from the date of purchase, will depend on the income tax slab rate. Based on your annual income, you will pay an applicable short-term capital gain tax.

You can get an exemption or reduce the capital gain tax by purchasing another property to the extent of the total amount or other capital assets such as government bonds to reduce the burden of capital gains tax.

Tax Collected At Source (TCS)

As per the Union Budget 2020, 5 percent Tax Collected at Source (TCS) is applicable on remittance made under LRS for the amount exceeding INR 7 lakh since October 1st, 2020, in a financial year.

In conclusion, repatriation of funds from India to the US is complicated and a lengthy process. If you are an NRI or PIO currently living in the U.S., completing the documentation will be cumbersome.

We recommend working with a chartered accountant and a certified public accountant familiar with the laws of both countries viz. India and the USA laws. 

Competent CAs in India can help you file all the documents listed above, and they can also help you with the mandatory forms required by the IRS.

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Alternatively, do an online search for "CompareRemit App".This app is compatible with iPhones, iPads, and Android devices, encompassing all the functionalities and details required for seamless international money transfers at the most favorable exchange rates.To Sign up with CompareRemit:Launch the app on your mobile phone.Enter your email address to register.Complete your profile details.Verify both your phone number and email.Personalize your notification preferences.Select your preferred corridor, for example, USD to INR.The app will display exchange rates, fees, and options from various providers. Pick the best option that meets your needs and provides a favorable exchange rate. You'll be redirected to your selected provider (either website or mobile application) to complete your transfer.Confirm the transaction details and proceed to initiate the transfer. Complete the payment using your preferred method. Once the transfer is done, you'll receive a confirmation.Using the CompareRemit App streamlines the process of sending money overseas by presenting you with multiple options, allowing you to choose the most favorable exchange rate, fees, and transfer method.Make sure to take advantage of various deals CompareRemit has for Dollar to Indian Rupee remittances.Step-by-Step Instructions for Sending Money from USD to INRThe specific instructions for initiating your online money transfer will depend upon the selected provider. However, this is generally how the process goes:Begin by registering an account with a specific provider.Provide your ID and proof of your address for verificationEnter your preferred payment method.Enter recipient details.Choose the desired delivery method.Enter the amount you wish to transferInitiate the transaction.At this point, the service provider will take over the process of transferring your USD to INR. You won't typically need to take any further actions.Be sure to monitor your email inbox, as you can expect progress notifications regarding your transaction.A Brief Overview of USD to INR 2024 ForecastAs indicated by analysts from the Economy Forecast Agency, there's a projection that the Indian rupee could experience a decline from its present value in the upcoming year. According to the USD to INR Forecast on their platform, the exchange rate could reach 83.37 by the end of 2023.Over the next year, the USD to INR Forecast for 2024 suggests that the rupee may continue to depreciate against the dollar, reaching 89.08 by the year's end. This implies an expected increase in the USD to INR exchange rate both in the short term and the long term.The rise in the USD/INR exchange rates in recent years can be attributed to a combination of different factors. These include the strength of the USD, increasing inflation, higher interest rates, along with foreign investors withdrawing from Indian markets. Furthermore, the increased oil prices have contributed to the depreciation of the Indian rupee.Ways to Save Money When Sending USD to INRSaving money when sending USD to INR involves making informed decisions and utilizing cost-effective ways. Here are some of the ways you can adopt:Research and compare exchange rates from different providers to find the most competitive one.Opt for money transfer services with transparent and low transfer fees.Use online transfer platforms like Wise, Xoom, or Remitly, which often offer better rates and lower fees compared to a traditional bank transfer.Sign up for rate alerts from transfer providers to be notified when rates are favorable.Check for special promotions or discounts that will save you money on transfer fees.Avoid last-minute transfers, as urgent transfers often come with higher fees.Prioritize the security and reputation of the service provider to ensure your funds are safe.Use forward contracts that allow you to lock in a current favorable rate for a future transfer.Steer clear of options with high fees, such as using credit cards for international transfers.ConclusionBy following the strategies outlined in this guide, you're better equipped to navigate the complex world of currency exchange and ensure you're getting the most value for your money. Researching multiple providers, understanding how exchange rates work, and being aware of potential hidden fees are essential steps in making an informed decision.Staying up to date on market trends can make a significant difference because the foreign exchange market is dynamic and subject to various economic factors.To find the best dollar-to-rupee rate, use CompareRemit for real-time USD to INR exchange rates from the best remittance providers to send money to India today!

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How to Send Money to the Philippines Using GCash

In an ever connected world, online money transfers are naturally the preferred and most convenient method for sending money across international borders, making it easier than ever to support your family, friends, or business partners in the Philippines.Whether you're an OFW (Overseas Filipino Worker) or a person with ties to the Philippines, this blog will walk you through the step-by-step process of sending money through GCash, the Philippines’ leading mobile wallet, to effortlessly and securely send money to your loved ones.Say goodbye to long queues and lengthy paperwork – and say hello to instant and accessible money transfers.What is GCash?Gcash is a mobile wallet and financial services platform based in the Philippines which came into operation in 2004. It was introduced by Mynt, a subsidiary of Globe Telecom, one of the Philippines’ major telecommunications companies.GCash allows users to carry out various financial transactions, mobile payments, and services through their mobile phones, making it a convenient and efficient way to manage money.You can make bank transfers, pay bills with QR codes, take out loans, and top-up airtime on your mobile phone. It is one of the most popular mobile wallets in the Philippines and the most convenient option for Overseas Filipino Workers (OFWs) to send money to their loved ones in the country.With 81 million active users and 2.5 million merchants and sellers as of May 2023, GCash is truly the undisputed mobile wallet king in the Philippines.Why Should You Get GCash?This is especially important for people who want to send money to the Philippines. GCash offers multiple benefits for sending money to the country:Convenience: You only need a mobile app to send money to friends and family in the Philippines making it easily accessible and convenient. You need not go to any money transfer centers to make a money transfer.Mobile Services: Apart from money transfers, it offers a wide range of financial services, such as bill payments, online shopping, and even investments.No Need for Bank Account: Your recipient does not need a bank account to receive money through Gcash.Speed: It is faster to send money to Gcash than traditional methods. Your recipient can receive the money instantly or within a few minutes, depending on the transaction type.Lower Fees: Due to its lower fees, it is a cost-effective method to send money to the Philippines.Extensive Network: Gcash has a vast network of partner merchants, banks, and money transfer companies in the Philippines, making it easy for the recipients to access and withdraw the money.Security: Various security measures such as PIN verifications, fingerprint scanning, and two-factor authentication are put in place to protect users’ accounts and transactions.How Does GCash Work?To use GCash, you need to download the GCash app from the App Store or Google Play and sign up for an account. You will enter your personal details (mobile number, name, address), complete the customer verification process, and create a secure PIN.After creating your account, you will need to fund your GCash Wallet. There are several ways to do this:Link your bank account or credit/debit card to your GCash accountDeposit cash at GCash partner outletsReceive money from other GCash users.Once your GCash is funded, you can start using it for various transactions, such as:Send money to other GCash users or non-GCash users through the “Send Money’ feature. This feature allows you to transfer money to family, friends, or anyone with a mobile number.Pay bills for utilities, credit cards, and other services directly through the appPurchase mobile prepaid loads for your phone or for your loved ones, as well as data packages from various telecom providers in the Philippines.GCash can be used for online shopping on partner merchants’ websites and appsGCash QR payment feature enables you to pay for goods and services in physical stores by scanning QR codes displayed by merchants.Convert your GCash balance to cash by cashing out at partner outlets or through participating banks and ATMs.How to Transfer Money to Philippines Using GCash?The best way to send money to GCash, Philippines is through a digital money transfer platform. Gcash has partnered with several top online money transfer companies including Remitly, Skrill, Wise, WorldRemit, and Western Union among others.These platforms allow you to send Philippine Pesos (PHP) to Gcash in an affordable, quick, and efficient manner.How to Send Money to Gcash Mobile Wallet via an Online Money Transfer App?Here are the steps to follow:Sign up on any of the third-party money transfer apps or platformsEnter your personal detailsGet your account verifiedEnter transfer amountEnter your recipient's countryChoose GCash as your delivery methodEnter the recipient’s GCash-registered name & account numberConfirm your transferPay for the transferPesos will be deposited to the recipient’s GCash AccountMoney Transfer Platforms Offering GCash as a Delivery OptionWiseUsing Wise, you can send PHP to any individual or business bank account in Philippines or mobile money to any of the several mobile wallets such as GCash, PayMaya, GrabPay, Starpay, etc. To send money to mobile wallets, you'll need your recipient's mobile number, starting with the country code +63. The maximum limit for money transfers to bank accounts and mobile wallets is 9 million PHP per transfer and 50,000 PHP per transfer respectively. It may take 1-2 working days to complete the transfer.RemitlyYou can do a Remitly transfer to GCash via Mobile Money in the Philippines. Remitly offers two ways to transfer money to Gcash wallets in Philippines based on how you pay for the transfer. Using a debit card (Express) to pay will take a few minutes for the money transfer while it may take 3-5 business working days if you pay via than bank account (Economy). The GCash wallet limit is PHP 100,000. Make sure you have sufficient funds availability in your account to do the transfer. Remitly is the optimal choice to send GCash from USA if you are looking to make fast and secure mobile payments.WorldRemitWorldRemit facilitates mobile money transfers to several mobile wallets in the Philippines including GCash. The cash is deposited within minutes. You can send up to PHP 50,000 per transfer and a maximum of PHP 100,000 total remittances per month to the mobile wallet. To avoid delay in transfer, make sure your recipient's details are correct. WorldRemit might be your cheapest option as they often charge no fixed fees, but this depends on the sending country. In the case of top-sending countries like the USA, the company does not charge fixed fees.Western UnionWestern Union is a well-known international money transfer service that has partnered with GCash to facilitate remittances to the Philippines. To initiate a transfer, you can simply go to your GCash account and proceed to the Cash-In segment within the GCash App and opt for Western Union as your preferred money transfer option. Or you can either go to a Western Union Branch or their website to make the transfer. You will find that sending money to a mobile wallet, GCash is less expensive than sending cash to a pickup location.MoneyGramMoneyGram, a well-established money transfer company is also a GCash partner, enabling users to receive international remittances directly into their GCash wallets. To send money directly to GCash wallet, either go to the MoneyGram website or any agent location. Provide your recipient's details and select 'Mobile Wallet as your delivery option. Both you and your recipient will receive a notification once the money is sent.XoomBy partnering with GCash, Xoom enables users to effortlessly transfer funds to GCash accounts. To start the transfer process from Xoom to GCash, download the Xoom app, and create an account. Then, enter the transfer amount and choose GCash as the receiving option, provide the details of your recipient's mobile wallet, and pay for your transfer using a PayPal account, bank account, credit card, or debit card.Xoom may be a popular option for transferring funds to GCasg, however, they are a little expensive due to transfer fees and exchange rate margins. Look for cheaper alternatives on our list.PangeaPangea provides global money transfers to regions in Latin America and Asia. Through their mobile app, you can make the payment and use your linked bank account or debit card to pay for the transaction. If you pay using a card to transfer money for pickup, your recipient will receive the funds within minutes, while selecting a bank transfer method will take a little longer.While Pangea does not offer direct transfer to a mobile wallet like GCash, you can still make an international transfer to the Philippines, and then your recipient can transfer that money to their GCash account.SkrillBy leveraging its digital wallet expertise, Skrill offers users a secure and efficient way to send money to GCash, contributing to the financial accessibility of recipients in the Philippines. Skrill offers various ways to transfer money to GCash including bank account transfer, payments via debit card or credit cards, and letting you choose mobile money transfer. Opting for bank transfers is typically the cheapest, allowing you to send funds from your bank account to a GCash wallet at a lower cost compared to other payment methods. However, the transfer will take a little longer.Note: The availability of GCash GCash as a delivery option on the above money transfer platforms can differ due to variables like the sender's location, the platform's offered services, and potential shifts in partnerships. It's recommended to visit the platform's website or app prior to utilizing any money transfer service to verify the current selection of delivery methods and choices for sending money to the Philippines.What is the Cost of Transferring Money to GCash?The cost of transferring money to GCash can vary depending on the service provider, the country you are sending money from, the transfer method you choose (bank transfer, debit/credit card, etc.), the amount being sent, and any applicable fees for currency conversion or processing. Different remittance platforms and financial institutions might have different fee structures.Carefully review the terms and fee information provided by the specific service you plan to use to determine the exact cost of the transfer to GCash. Keep in mind that some providers may offer promotions or fee waivers for certain transactions or during specific timeframes.How to Claim Your Remittance on the GCash App?Open GCash app homepageGo to ‘Cash-In”Under the Global Partners, & RemittanceClick the money transfer company you sent the money withEnter the amount of remittance to be receivedEnter the Reference numberConfirm the TransferThe funds will be loaded into the GCash walletWhere Can You Cash-Out with GCash in the Philippines?You can withdraw funds through several options in the Philippines. If you have a GCash Mastercard, you can visit any BancNet or Mastercard ATM, or any GCash Partner Outlet.Here is the list of the GCash Partner Outlets:Cebuana LhuillierCVM PawnshopDA5ECPayExpressPayHanepBuhayJaro PawnshopPanalo ExpressPeraHUBPosiblePuregoldRobinsonsSM StoreTambunting PawnshopTrueMoneyVillarica PawnshopVIP Payments CenterThe steps for cashing out might be different with each partner outlet. You can look it up in the GCash App.How GCash Exchanges Currency?GCash is primarily not a currency exchange platform. The currency exchange is usually handled by the money transfer provider or financial institution initiating the money transfer to the Philippines from abroad.For example:If you are sending money from abroad to a GCash mobile wallet in the Philippines, your transfer providers will likely handle the currency conversion from the currency you are sending to Philippine Pesos based on the prevailing exchange rates.The converted amount in PHP will be deposited to the recipient’s GCash wallet.However, GCash may display the received amount in both the sender’s currency and PHP within the app for the recipient’s reference.If you want to get the best exchange rates while sending money to the Philippines or abroad, the best way is to compare your options. To compare the best rates to send money to the Philippines using Gcash, use our online comparison tool to check the best providers today!

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Personalize your CompareRemit experience with your preferred corridor and receive target exchange rate notifications, seamless transitions to partner apps, and real-time comparisons of top remittance providers at your fingertips.

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