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A Guide for Non-Resident Indians (NRIs)​Considering Real Estate Investment in India

Posted by admin on April 5, 2024
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Finding properties in Mumbai involves several steps. Here’s a general guide to help you in your property search:

Why should NRIs consider investing in Indian property?


Investing in Indian real estate holds significant potential for NRIs due to the country’s projected growth and promising returns, especially when compared to sinking global real estate markets. With plans for smart cities and infrastructure improvements underway, India presents lucrative opportunities for NRI investors.

What permissions are required for NRIs to purchase property in India?


Under the Foreign Exchange Management Act, NRIs are generally allowed to acquire property in India, excluding agricultural or farmhouse properties. The Reserve Bank of India permits NRIs to invest in commercial and residential properties, subject to specific conditions.

What are the tax implications for NRIs investing in Indian real estate?

NRIs need to comply with Indian tax laws when investing in real estate, including potential deductions under Section 80C. Tax implications vary based on factors such as property ownership and the duration held before sale.

Tax Deductions: NRIs are subject to the same tax laws as Indian residents when it comes to property management in India. They can claim up to Rs 1 Lakh deduction under Section 80C of the Indian Income Tax Act for their real estate investments in India.

Rental Income Tax: If an NRI owns more than one house property in India, one will be considered self-occupied, while the others, even if vacant, will be deemed to be given on lease. Rental income should be calculated based on valuations prescribed by income tax rules, and taxes must be paid accordingly. This applies regardless of whether the NRI owns property in India and abroad.

Capital Gains Tax: If a property is sold within three years of its acquisition, the NRI is liable to pay short-term capital gains tax, which is determined according to the tax bracket, with a 30% TDS (Tax Deducted at Source) deduction.

Long-Term Capital Gains Tax: If an NRI sells their property after three years from the date of acquisition, they are subject to a 20% tax on the capital gains. However, if the NRI intends to reinvest the proceeds in another property in India or in tax-exempt bonds, they are exempt from paying tax in India, and no TDS will be deducted.

Understanding and adhering to these tax regulations is crucial for NRIs investing in Indian real estate to ensure compliance and optimize their financial outcomes.

What documents are required for NRIs to purchase property in India?

Essential documents for property purchase include passport, PAN card, and address proofs for both India and abroad.

Identification

An NRI hoping to put resources into India must have a legitimate identification; on the off chance that he is an outside nation international ID holder he should obtain a PIO Card through the consulate. The travel permit ought to obviously hold the visa stamp and the date of arrival.

PAN card (Permanent record number)

An NRI must apply for a PAN card in India for presenting their expenses. Holding a substantial PAN card permits purchase of an ‘under development’ property right away.

Address Proof

An NRI needs to submit address proofs for India and abroad while making a buy. You can submit phone charge, proportion card, power charge, LIC approach, mobile phone charge or any service charge as a proof of address in India. For evidence of abroad private address you can present any of the previously mentioned proofs and in addition – Driving permit, Identity card, Work allow papers, Social security card and additionally the most recent 6 months bank explanations of all NRE/NRO accounts in India.

Are NRIs eligible for financing when purchasing property in India?


Yes, NRIs can obtain financing for up to 80% of the property’s purchase price through loans or mortgages, with the remaining 20% to be deposited through NRO/NRE accounts. The store sum must be transmitted through ordinary saving money channels like NRO/NRE accounts in India. The NRI will have the capacity to reimburse the interest along with the principal amount through an authorized banking system.

How can NRIs manage their properties in India effectively?

Granting power of attorney to a trusted individual or NRI real estate services can simplify property management, especially for NRIs who don’t frequently visit India.

Can NRIs generate rental income from their properties in India?


Yes, NRIs can earn rental income from their properties in India, with the proceeds credited to NRE/NRO accounts or remitted abroad after tax obligations are met.

What are the procedures for repatriating sale proceeds from property in India?


Proceeds from property sales can be transferred abroad through legal banking channels, subject to specific limits and documentation requirements.

In summary, the Indian government has streamlined the process for NRIs to invest in real estate, offering a lucrative opportunity for those looking to invest in their homeland.

Please contact us if you have any queries.

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