Can I get a nil TDS certificate if I’m reinvesting under Section 54?

Short answerYes — if the gain is genuinely headed for an exemption. When you will buy or build a house under section 54, or put the gain into 54EC bonds, the tax on the sale can fall to nil, and the Assessing Officer can issue a nil or near-nil TDS certificate: Form 13 under section 197 until 31 March 2026, Form 128 under section 395(1) of the Income-tax Act 2025 from 1 April 2026. The buyer then deducts little or nothing, instead of 13% to 14.95% of the full price.

Why reinvestment supports a nil certificate

The certificate is issued on your estimated tax liability, not on the sale price. Section 54 exempts a long-term gain reinvested in a residential house in India — bought within one year before or two years after the sale, or built within three years, with the exemption capped at ₹10 crore — and section 54EC exempts up to ₹50 lakh placed in specified bonds within six months. Both are open to NRIs, and both continue under the Income-tax Act 2025 for sales from 1 April 2026. If the exemption covers the whole gain, the estimated tax is nil — and the certificate rate can be too.

What the officer will want to see

Intent is not enough; evidence is. Attach what makes the exemption real — an agreement or allotment letter for the new house, the builder’s payment schedule, or a firm plan to subscribe to 54EC bonds inside the window — with a computation showing the gain fully covered. Officers differ on how much proof they want before a nil rate; where the reinvestment is still loose, a lower rather than nil certificate is the realistic ask. File on TRACES well before registration: the certificate protects only payments made after it is issued.

A worked example — and the commitment it creates

You sell for ₹1.5 crore with a ₹40-lakh long-term gain and have already booked a flat for ₹60 lakh. Section 54 covers the whole gain, so you seek a nil certificate — and the buyer deducts nothing, instead of about ₹22 lakh at 14.95%. The catch: the certificate rests on your stated plan. If the purchase falls through or the bonds are missed, the gain becomes taxable and you pay it with interest; and if the new house is not bought by your return’s due date, deposit the gain in the Capital Gains Account Scheme to keep the exemption alive. Our NRI property practice files the certificate and tracks the reinvestment deadlines.

Talk to CA Vijay R Singh

Reinvesting the gain and want the buyer’s TDS at nil? 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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