How long does it take to get a lower TDS certificate?

Short answerPlan for 8–12 weeks, though clean files clear faster. The application — until 31 March 2026, Form 13 under section 197 of the Income-tax Act 1961; from 1 April 2026, Form 128 under section 395(1) of the Income-tax Act 2025, read with Rule 213 of the Income-tax Rules 2026 — goes to the TDS Assessing Officer (International Taxation, for NRIs), who verifies the computation before certifying a lower or nil rate. Two sequencing facts decide your sale timeline: the certificate must name your specific buyer, and it protects only payments made after it is issued.

Why it takes the time it takes

The AO is pre-approving your capital-gains math — purchase deed, improvement proofs, the draft sale terms, and your computation of actual gain versus the 12.5% deduction on gross the buyer must otherwise make under section 195 (section 393(2) of the 2025 Act, for payments from 1 April 2026). Queries travel through the TRACES portal; each round adds days. Applications filed in the January–March rush, or with valuation gaps, sit longest — hence the 8–12 week planning number. Certificates already issued under the 1961 Act stay valid for the period they state; the change of Act does not void them.

What to file, and when to start

Start as soon as a buyer is in sight — the application can proceed on an agreement to sell. The pack: PAN, passport/visa (residency), purchase documents, cost-improvement bills, draft agreement, computation, and the buyer’s details — a TAN where the buyer is a company or firm; from 1 October 2026, an individual or HUF buying from an NRI needs no TAN at all (CBDT Notification 121/2026) and deposits through Form 141, the challan-cum-statement with its NRI-specific Schedule E. The certificate issues for a specified amount, a specified deductor and the period it states — ordinarily the financial year, so a sale slipping past 31 March needs a fresh one.

What it changes in money terms

Without it, TDS runs on the sale price; with it, on something close to the actual gain — on a ₹2-crore sale with a ₹40-lakh gain, that is the difference between ₹25 lakh-plus parked with the department and a deduction near your true liability, with the balance repatriable sooner. The refund route works too; it just costs a year of liquidity. Our NRI property-sale practice runs the certificate (Form 13, now Form 128), the buyer’s filing side and the remittance forms (15CA/15CB, now Forms 145/146) as one sequence.

Talk to CA Vijay R Singh

Sale agreed and wondering whether to wait for the certificate? You can message him directly, or book a short call to talk through your situation.

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This answer is general information, not professional advice. Tax rates, thresholds and forms change with each Finance Act — please confirm the current position for your own facts, or speak to us, before acting.

© 2026 Vijay R Singh & Co., Chartered Accountants · FRN 136869W · ICAI M.No. 153926 · Practising since 2013

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