No matter what part of
the world you reside, buying a home in India is a dream for many. The Indian
laws over the years have made the acquisition process easier and thus number of
NRI show interest in buying property in India.
With the falling price
of Indian rupee property market is attracting the NRIs. Yes, NRIs can buy
property in India accept agricultural land, plantation lands, farmhouses, etc
even cannot acquire property as a gift. Well, there is no restriction in
inheriting such property.
Do they need permission from RBI for
the purchase? –
No, an NRI does not
need permission from the RBI to buy a residential or commercial property in
India.
How Do NRIs fund their purchases? –
As there are no upper
limits for remittance of the fund, so with the use of regular banking channels,
and NRE, NRO or FCNR accounts NRIs can fund their purchases.
They can also opt for
interest free loans from the Indian relatives. However, there is an FEMA of $200,000
per financial year under the Liberalized Remittance Scheme, and even NRI are
subjected to TDS for purchase over 50 lakh.
Tax Assumptions of NRI Property Buyers in
India
Rent received from the
property – Rent received is taxable, and for that, NRI has to file a tax return
in India in case the rent exceeds the threshold limited with other income. Rent
will be taxed in the NRIs country of tax residence. Under the Double Tax
Avoidance Agreement (DTAA) NRIs might receive some tax relief if they stay in tax
resident countries. This will helps to get credit from the paid taxes in India.
Deductions against the property – Municipal tax, housing loan payments are
deductible just like other citizens of India. A standard reduction of 30% on
the net rent obtained from repair and maintenance, irrespective of the total
expenditure. Other deductions include housing loan principal repayment, stamp
duty and on registration under section 80C for overall limit 1 Lakh per year.
Vacant Property – The tax value is NIL for vacant property only
deduction available on such property is interest on housing loan up to Rs. 1.5
lakh per annum.
Wealth Tax on NRIs – NRI gets exemption from the wealth tax on a
property that is under rent for more than 300 days. The value of second and subsequent
vacant properties is subject to wealth tax, at the rate of 1% in excess of Rs.
30 lakh.
Property Sales Related Tax Charges – NRIs fall under capital gain tax in India just
like other residents. For properties held for 36 months, they can get long-term
capital gains and exception for investing in another’s house or property.
Relief is available in the form of credit for taxes paid in India in case they
stay in tax resident countries.
Limits and conditions on repatriation
– Well the limits and conditions
for repatriation differs based on the funds used for buying property in India.
If property acquired as per the foreign exchange laws, then the amount of
repatriation price will remain restricted to initial purchase cost. Gains made
on foreign source funds falls under repatriation of general limit of 10 lakh
per financial year.
These are some of the
solutions to make property buying easier in India for the NRIs. For exploring
more, keep a tab on the Tax Section Rules laid by RBI.
Author's Bio: Moumita Dasgupta, a financial blogger and the owner of bizandfiz, shares her knowledge and expertise of various financial topics. A clear view on market, business, Forex, funds, personal finances etc. are the subjects she perfectly underlines through her articles. Find Moumita on Google+