Yes, NRIs are allowed to invest in both residential and commercial real estate in India. There are no restrictions on property ownership for NRIs, but there are certain rules and regulations that must be followed.
NRIs can invest in residential properties, commercial properties, and agricultural land (only in certain circumstances). NRIs cannot buy agricultural land unless they inherit it.
No, NRIs do not need prior permission from the RBI to purchase property in India, but they must comply with the regulations under the Foreign Exchange Management Act (FEMA) and the RBI's guidelines.
Key documents include:
Yes, NRIs can avail home loans in India, provided they meet the eligibility criteria. They need to have a stable income, a good credit history, and an Indian bank account. The loan must be repaid from the income earned in India or abroad. The loan amount, tenure, and interest rates may vary between lenders.
The process involves:
Income Tax: NRIs are taxed on rental income and capital gains (on the sale of property). The tax rates are the same as for Indian residents.
Tax Deducted at Source (TDS): TDS is deducted on rental income and on the sale of property. NRIs must file an income tax return in India to claim any deductions or refunds.
DTAA: NRIs can avail benefits under the Double Taxation Avoidance Agreement (DTAA) between India and their country of residence to avoid double taxation on the same income.
NRIs can transfer funds through:
Yes, NRIs can sell property in India. The process is similar to that for residents, but they need to ensure compliance with the applicable tax laws, including paying capital gains tax.
If the property is sold within 2 years of purchase, it is subject to short-term capital gains tax; otherwise, it is subject to long-term capital gains tax.
When an NRI sells a property in India, TDS is deducted by the buyer at the rate of 20% on long-term capital gains and 30% on short-term capital gains, plus applicable surcharge and cess.
The NRI seller can claim a refund of excess TDS paid while filing an income tax return.
NRIs can inherit property in India from their family members. The inheritance of property is not subject to FEMA restrictions, but the capital gains tax will be applicable if the property is sold.
No TDS is applicable on the inheritance of property, but if the property is later sold, capital gains tax will apply based on the holding period.
Yes, NRIs can give Power of Attorney (PoA) to a trusted individual (family member or representative) to handle property transactions on their behalf in India. The PoA should be notarized and, in some cases, registered in India.
RERA ensures that property developers adhere to regulatory standards and timelines. NRIs should verify that the project is registered with RERA to ensure transparency, quality, and timely delivery of the project.
There are no restrictions on the number of properties an NRI can own in India. However, each property must comply with legal and regulatory norms.
NRIs should ensure their property is well-maintained and regularly inspected through trusted individuals or property management services. Many real estate firms provide property management services to NRIs, which include security, maintenance, rent collection, and legal services.
For NRIs investing in real estate in India, it’s essential to stay informed about the legalities, tax obligations, and market dynamics. Seeking advice from legal and financial experts can help ensure compliance with regulations and make the investment process smoother and more rewarding.