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💰 Tax Savings · Special-status benefits

NRIs — stop over-deduction of TDS with a lower/nil certificate (old 195/197)

In short

NRIs suffer flat, high TDS on Indian income — often far more than the real tax. A lower/nil-deduction certificate (old Section 197) makes the payer deduct only the correct amount, so your cash isn't stuck till a refund.

The problem

TDS on payments to NRIs (old Section 195) is deducted at slab/maximum rates on the gross amount — e.g. rent, and especially property sales where TDS applies to the whole sale price, not the gain. You get it back only as a refund after filing — months later.

The fix — Section 197 certificate

  • Apply to the Assessing Officer (Form 13) for a certificate authorising lower or nil TDS, computed on your actual taxable income/gain.
  • Give the certificate to the payer/buyer; they then deduct only that reduced amount.
  • Especially valuable on a property sale — turns TDS on the full price into TDS on the real gain (or nil, if you're claiming 54-series exemptions).

Also use the DTAA

A Tax Residency Certificate from your country of residence lets you claim treaty (DTAA) rates — often lower than domestic TDS on interest, dividends and royalties. See DTAA & foreign tax credit.

Who it helps

Any NRI receiving rent, selling property, or earning interest/dividends/capital gains in India.

The law behind it
Income-tax Act 2025 (old 195 TDS) old Section 197 (lower TDS) DTAA
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General information for FY 2025-26 (AY 2026-27), not advice on your specific case. Limits, rates and conditions change with each Finance Act and depend on your facts — confirm before acting. © EaseValue Advisors LLP.
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