What is Property Tax?

In India, the municipal corporation of a specific region evaluates and imposes the property tax once a year or semi-annually. The property tax amount is based on the area, building, property size, and so forth. The collected tax amount is principally used for public services like restoring roads, building schools, public buildings, and sanitation.

There is a bit of confusion in payable tax amount for NRIs owning their property in India. If they want to sell it a person, there are certain tax assets which are required to be followed according to a central government. We will remove every confusion in a while determining total TDS applicable, Capital Gain Tax deductions and exemptions. NRI Property tax in India is a must for NRIs who want to sell property either to a resident or non-resident Indian. The tax that would payable would be dependable on the gains type whether it is short term or long term.

When a property is sold after 2 years of purchasing(reduced from 3 years to years in budget 2017) then long term tax would be applied otherwise it exists under short term gain tax. So this article gives the proper way to file tax amount in India. Also, NRI might file tax even if the property is inherited. One thing to be noted here is which date transfer that one to his/her account.

The profit you make from selling such land or house will be added in your total income and could be treated as taxable according to different income tax slabs you fall under. Check out table representing such income tax slabs in India.

Types of lands which fall under Property Tax: In India, Property Tax is levied to the real estate property including land, buildings, flats etc. Check out all properties which are levied to tax under India Income tax laws.

• Residential house(self-occupied or let-out)
• Office building
• Factory Building
• Flats
• Shops

Non-Resident Indian pay the tax only on Income earned from Indian property, land, agriculture or houses. Tax year in India starts from 1st April 2019 and ends at 31 March 2020. So today we will discuss each type of tax levied on NRIs.

Income Tax:

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Education Cess: An education cess of 3% is levied on the total income tax liability.

Rental Income Tax: Income earned from leasing properties, land, buildings in India is subject to 15% of taxation, levied on gross rent collected.

Wealth Tax: Net wealth tax is levied at 1% on a taxpayer´s net assets if it exceeds INR3 million (US$44,118).

How to pay Property Tax: In India, Municipal taxes must be file online either on state government or municipal authority portals. These areas of paying tax online have eliminated the cumbersome process of tax payment. A 'Khata Number' or 'Property Tax Number' is associated with each property to be identified uniquely. A property tax payment can be attempted via offline channel by visiting Municipal corporation offices or to the banks partnered with those municipal authorities as well.

Different municipals incorporate separate systems for tax payment and assess the due tax.

1. Annual Rental Value or Rate- Able Value(ARV): Through ARV systems of property tax payment, a gross annual amount of rent is fixed for rental property. Till now Hyderabad, Chennai follow this system to pay tax.

• Monthly rental value = Plinth Area x Basic Rate per sq ft
• Annual rental value = Monthly rental value x  12 – 10%.

1. Capital Value System: CVS is where the tax is applied to the market value of a property. This market value is fixed by the related stamp duty of the department. For example-The Brihanmumbai Municipal Corporation switched to this system and started 'ready recknower' to do the compilation of pricing of property value across the cities. Consider property tax calculation in Chennai- The main thing is to arrive at an annual value of a property. This can be achieved by calculating the monthly rental value.       

• Capital value = Market value of property x total carpet area x weight for construction type x weight for age of a building. 

• Property tax = Capital value of property (X) current property tax (X) weight for user category

1. Unit Area System: Under the UAS system, property tax is applicable at per unit carpet pricing. In New Delhi, Bangalore, Kolkata, Hyderabad, Patna and Ahmedabad property tax is calculated by fixing a price for per unit value of the area.  Use the formula-Annual Value = Covered Area x Base Unit Area Value x Multiplicative Factors.

How much time does it take for property tax refund?

If the property tax department accepts your appropriately completed return in addition to all the correct and complete enclosures as it should be, you can look forward to getting your property tax refund: by mid-August if you are a resident or mobile home holder, and your file property tax refund by June 15, or within 60 days after you file the refund, whichever is later.

Can an NRI sell property in India without Aadhar card?

According to the rule 114C, it is not necessary for an NRI or PIO to own an Aadhar card to sell his/her property in India. Nevertheless, PAN is essential to repatriate the sale income of the rental property.

Is TDS applicable for NRI while selling property in India?

• According to the Indian Income Tax Act, every time a resident buys any property from a non-resident, he has to subtract income tax (TDS) and shell out the balance amount to the property vendor.

• He has to subtract 20% of the sale consideration as the tax before making the net compensation to the broker.

• Initially, property purchaser is supposed to obtain TAN under section 203A of the Income Tax Act, 1961 before taking away TDS. TAN can be acquired by applying to fill up the Form 49B.

• TDS must be taken away at the time of paying the sum to the NRI. The info about the TDS being subtracted and the rate at which it was deducted must be cited in the sale deed between the NRI property seller and the property buyer.

• The TDS deducted by the property purchaser must be deposited via Form number or challan for TDS payment. It has to be done on or before the 7th of following month in which the TDS is deducted.

• You can deposit the TDS through banks that are certified by the government of India or the Income Tax Department to round up Direct Taxes. The total deposit has to be made by the property buyer.

What is the property tax rate for NRI in India?

When NRI possesses the property in India, the tax implications, as well as an exemption, are identical to those of a resident Indian. On the other hand, the NRI must turn out all the papers for asserting deductions. An NRI is required to make an up to date decision to avail all the benefits accessible to NRIs.

Which ITR form is to be used by NRI for Property Tax Filing?

• ITR -1

Mostly used for salary earnings, other source earnings, house property earnings that are up to Rupees 50 Lakhs – just for Individual Resident Assessees.

• ITR-2

It is again for salary income, other source earnings that go over Rupees 50 Lakhs, house property revenue (for more than one house) in addition to capital gains and Individual Resident or Non- Resident Assessees in addition to HUF Assessees.

• ITR-3

Business or profession income in addition to any other earnings like salary income, other income sources, capital gains, and house property is a necessity for filling this form.

How Can NRI’S File Property Tax Returns in India?

No matter if you are NRI or not, every person has got to file a Property Tax Return.

Can NRI use ITR 1 for Tax Filing in India?

For the most part, ITR -1 is used for salary income, other source earnings, house property income that’s up to Rupees 50 Lakhs for resident assessees.

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