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ApniLaw > Blog > Documentation > Inheritance Tax Implications For NRIs Owning Property In India
Documentation

Inheritance Tax Implications For NRIs Owning Property In India

Amna Kabeer
Last updated: December 27, 2024 7:26 pm
Amna Kabeer
8 months ago
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Inheritance Tax Implications For NRIs Owning Property In India
Inheritance Tax Implications For NRIs Owning Property In India
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Inheriting property in India as an NRI can feel like a significant blessing. This connects you to your roots and family legacy. However, it’s essential to understand the tax implications to navigate this gift wisely.

Contents
Can NRIs Inherit Agricultural Land In India, And What Are The Tax Implications?What Are The Penalties For Non-compliance With FEMA Regulations Regarding Inherited Property?

Non-Resident Indians (NRIs) inheriting property in India face specific tax implications, they are :

  1. No Inheritance Tax: India does not impose an inheritance tax, inherited assets are not taxed upon receipt.
  2. Tax on Income: NRIs must pay taxes on income generated from inherited properties. This includes such as rental income and capital gains upon sale.
  3. Capital Gains Tax: Selling inherited property incurs capital gains tax. Long-term capital gains (held over 2 years) are taxed at 20%. Short-term gains are taxed at applicable income tax slab rates.
  4. TDS Requirements: Buyers must deduct TDS at 20% for long-term and 30% for short-term gains during the sale. 
  5. Exemptions: NRIs can claim exemptions under Sections 54 and 54F of the Income Tax Act for reinvestment in property.
  6. If the net value of inherited assets exceeds ₹30 lakh, wealth tax may apply. The NRI owns only one residential property.
  7. NRIs can repatriate sale proceeds of inherited property, subject to RBI regulations.

Can NRIs Inherit Agricultural Land In India, And What Are The Tax Implications?

  1. Yes, NRIs can inherit agricultural land in India, although they are prohibited from purchasing it under the Foreign Exchange Management Act (FEMA). Inheritance must comply with Indian laws, and NRIs should report the inheritance to the Reserve Bank of India (RBI) within a specified timeframe, although RBI permission is generally not required for inheritance.
  2. Regarding tax implications, there is no inheritance tax in India. However, if the inherited agricultural land is sold, capital gains tax applies. Long-term capital gains (for properties held over two years) are taxed at 20%, while short-term gains are taxed at applicable income tax slab rates.

What Are The Penalties For Non-compliance With FEMA Regulations Regarding Inherited Property?

Non-compliance with FEMA regulations regarding inherited property can lead to significant penalties for NRIs. 

  1. Violations may result in fines up to three times the amount involved in the contravention, and in severe cases, imprisonment may be imposed. 
  2. Continuous violations can incur additional charges for each day the non-compliance persists.
  3. Furthermore, non-compliance may restrict future transactions and lead to confiscation of the property in question. 

In conclusion, while inheriting property in India brings joy and responsibility, managing the tax obligations ensures that this legacy is preserved and enjoyed for generations to come.

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