Which Forms are Needed for TDS Refund?

AC Posted by: Anjali Chauhan
• 18 October, 2026
3 Reply

I’m an NRI and recently sold a property in India. The buyer deducted TDS from the sale proceeds, but I believe my actual capital gains tax liability may be lower than the amount deducted.

I want to claim the excess TDS back. Which forms do I need to submit? Is filing an income tax return enough, or do I also need Form 16A, Form 26AS or any separate refund application?

Can someone explain the process and documents required for an NRI property seller?

Tags : TDS Refunds for NRIs, NRIs TDS Refunds

  • Arnav Iqbal 21 October, 2026

    You should also check which ITR form applies to you. An NRI with capital gains but no business or professional income will generally consider ITR-2, while business or professional income may require ITR-3, subject to the applicable filing rules.

    A separate refund application is not normally required when claiming excess TDS through a correctly filed income tax return. However, a separate procedure may apply to certain TDS correction or refund cases.

  • Naina Ghosh 20 October, 2026

    If the buyer deducted TDS on the property sale, ask for the applicable TDS certificate and check your tax records.

    For an NRI property sale, the buyer generally follows the provisions applicable to payments to a non-resident. Form 16A is commonly used for TDS on income other than salary, but check the exact certificate and reporting process for your transaction.

    Also, make sure the buyer has deposited the tax correctly. A mismatch in PAN, amount, or tax reporting can delay the refund.

  • rohan 18 October, 2026

    For most cases where TDS was deducted on a property sale, you need to file the appropriate Indian income tax return and claim the TDS credit against your final tax liability.

    Keep your sale deed, purchase documents, capital gains calculation and TDS details ready. You should also check your tax credit statement to confirm that the deduction appears against your PAN.

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