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Investment & Financial Planning

NRI Selling Property In USA : Process & Tax Implication

Varun GuptaBy Varun Gupta |Last Updated: December 24, 2025
NRI Selling Property In USA : Process & Tax Implication
  1. Home
  2. Investment & Financial Planning
  3. NRI Selling Property In USA : Process & Tax Implication
  4. Reading Time: 14 mins

As an NRI selling property in the USA is nothing less than a task. Right from understanding US tax and legal obligations to having a knack for the Foreign Investment in Real Property Tax Act (FIRPTA) and capital gain tax, the list is endless.

As if the complications were not enough, the different US state-level property sale taxes add another layer of complexity for NRIs. However, this guide aims to reduce NRIs' unease to some extent.

Varun Gupta
Varun Gupta(Tax Expert)

Mr Varun is a tax expert with over 13 years of experience in US taxation, accounting, bookkeeping, and payroll. Mr Gupta has not prepared and reviewed over 5000 individual and corporate tax returns for CPA firms and businesses.

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Frequently Asked Questions

No, the foreign investment in real property tax act (FIRPTA) withholding is not the final tax. Instead, it is just a prepayment of the NRI seller's US income tax liability on the gain they earned from the US sale of real property.

No, an NRI does not pay taxes in India on the sale of US property.

To claim the FIRPTA refund, NRAs or foreign sellers must file the US income tax return Form 1040NR after the property sale.

However, it is not mandatory. But as an NRI, you should seek the assistance of a CPA during the property-selling process in the USA.

Yes, you can repatriate all the proceeds in India.