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NRI Income Tax & Compliance

Tax Rules for Selling Property in India as an NRI & US Tax Resident

Sanskriti SaxenaBy Sanskriti Saxena |Last Updated: November 12, 2025
Tax Rules for Selling Property in India as an NRI & US Tax Resident
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  2. NRI Income Tax & Compliance
  3. Tax Rules for Selling Property in India as an NRI & US Tax Resident
  4. Reading Time: 9 mins

If you are a resident alien in the US and selling property in India, then you need to deal with both US and Indian tax implications. Additionally, foreign exchange regulations also apply to you.

This blog consists of all the information that you need to know financially, legally, and practically to sell property in India while following the US tax laws. So, read on and gather all the details.

Sanskriti Saxena
Sanskriti Saxena(Tax Expert)

Miss Sanskriti is a certified Tax Expert. She has her expertise in US GAAP, Taxation, SOX, IRS, Accounting, and Auditing standards. Miss Saxena is an intellectual blend of a high-end auditor, tax consultant, and accountant

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Frequently Asked Questions

As a US citizen, whether you are a citizen, resident alien, or green card holder, you need to report your global income on your tax return. It includes the profits you earn from the property sale in India. To report the transaction, use Schedule D (Form 1040) and Form 8949.

Yes, you can sell property in India and bring money to the USA. However, you need to follow the rules of the Foreign Exchange Management Act (FEMA) that include the transfer limitation and the tax obligations. Additionally, for this, you need to fill out Form 15CA and Form 15CB, file your tax return in India, and deposit the amount in your NRO account.

Yes, as a US citizen, you need to pay tax on the property you sold overseas because the US imposes taxes on its citizens and residents on their global income. The property sale is generally considered a capital gain.

Yes, an overseas citizen of India (OCI) can sell his property in India. However, to do they need to follow specific rules stated under the FEMA regulations. Further, in property transactions, OCI are generally treated like NRIs.

Yes, a US citizen can claim property in India. However, the property in India should be acquired by way of inheritance from a person who was a resident of India. It is because foreign nationals, whether it's a US citizens, are not permitted to acquire immovable property in India.