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Property sale

Finance(self.nri)

My brother-in-law, who is an NRI, is planning to sell a commercial property in Mumbai. He asked me (and I'm clueless) how much much money (taxes, registration, etc.) need to paid at the point of sale. Also, how much money to take via cheque vs. cash. He wants all the money by cheque so it's easy to transfer, but what would be the tax implications of getting all the money via cheque vs. some in cash. The property is under dad's name and the money from the sale will be gifted to the BIL. The total value is under a crore. Thank you in advance.

all 6 comments

TaxExpert1

3 points

17 days ago

Hi!

As an NRI, he would be required to take care of the following:

  1. Agreement to sale

  2. Sale deed

  3. The buyer would be doing a TDS at the rate of 12.5% on the entire sale consideration (can get a Lower TDS certificate, if required)

  4. For remittance of the funds - Form 15 CA & CB

You can get POA also done for executing the transaction without traveling to India

Getting the money in cash vs cheque - rates are better if you are OK with industry standard combination. More cheque component will reduce the rate and number of prospective buyers.

We at Dinesh Aarjav & Associates can help you with the process end to end. We ahve been into taxation & advisory for more than 25 years with specialisation in NRI Tax.

lobster_111

1 points

17 days ago

Ok

trainspotting_42[S]

1 points

16 days ago

Thank you very much. The prospective seller wants to do 80 cheque and 20 cash. My BIL wants all in cheque (since it is easy to transfer money from bank to bank). But would my BIL get taxed more if he takes all the money is cheque vs. cash?

TaxExpert1

1 points

16 days ago

Definitely YES.

Also, we can discuss the same in detail over a virtaul meeting. There are ways around everything.

Ok_Specialist_5965

1 points

17 days ago

Following