AskNRIGuru

Rules and sources

Every calculator on this site reads from the rulebook below. It was last checked on .

The Income-tax Act, 2025 and the Income-tax Rules, 2026 apply from 1 April 2026, starting with tax year 2026-27. The Income-tax Act, 1961 (applies to FY 2025-26 and earlier years).

Residential status

Main day test182 days in the tax year
Second test60 days in the year and 365 days in the 4 previous years
Second test for visiting citizens and PIOs182 days, or 120 days if Indian income is above ₹15 lakh
Deemed residentIndian citizen, Indian income above ₹15 lakh, not liable to tax in any other country
Not ordinarily resident ifNon-resident in 9 of the 10 previous years, or 729 days or fewer in the 7 previous years

Selling property

Long-term after24 months
Long-term gains rate for NRIs12.5%, no indexation
TDS on short-term gains30%
TDS charged onFull sale value, from the first rupee
Surcharge10% above ₹50 lakh, 15% above ₹1 crore, 25% above ₹2 crore, 37% above ₹5 crore; capped at 15% on long-term gains
Cess4%
TDS provisionSection 393(2), Income-tax Act, 2025 (Section 195, Income-tax Act, 1961 for earlier years)
Lower TDS certificateForm 128 (formerly Form 13)
PAN route for buyersResident individual and HUF buyers can deposit TDS with their PAN on Form 141 from 1 October 2026 (CBDT Notification 121/2026 (Income-tax (Fifth Amendment) Rules, 2026), dated 22 September 2026)

Repatriation

NRO balances and sale proceedsUp to USD 1,000,000 per financial year (Indian financial year, 1 April to 31 March)
Current incomeRent, pension and dividends can be sent after tax, outside the limit
DeclarationForm 145 (formerly Form 15CA)
Accountant's certificateForm 146 (formerly Form 15CB) when taxable remittances exceed ₹5 lakh in the year

Bank accounts

NRE interestTax-free in India while you are a non-resident under FEMA
FCNR(B) interestTax-free in India while you are NRI or RNOR
NRO interestTaxable; TDS at 30% plus surcharge and cess, or the treaty rate

Treaty rates by country are on the DTAA rates page.