Report the gain on your 1040
The capital gain goes on Schedule D / Form 8949, converted to USD at the sale-date rate.
NRIs in the USA · remote property sale
From the USA, a Special Power of Attorney lets a trusted person complete the sale in India. We handle the apostille, the tax and TDS, and getting your money out — so you never board a plane.
At a glance
The situation
You don't need to be in India to sell. A Special Power of Attorney — signed in the USA, an apostille (the US is a Hague Convention country), then adjudicated and registered in India — lets a trusted person sign the sale deed for you. The tax mechanics are the same as any NRI sale: TDS comes off the full sale value, so a lower-TDS certificate matters. See your numbers on the capital-gains & TDS calculator.
The US side
The gain is taxable in India — and, because the US taxes worldwide income, also reportable on your US return. The treaty stops it being taxed twice.
The capital gain goes on Schedule D / Form 8949, converted to USD at the sale-date rate.
Indian tax (TDS/capital-gains tax) becomes a credit on Form 1116, so you don't pay twice. File Form 67 in India to preserve it.
The Indian account that receives the sale money is reportable on your FBAR once your accounts top $10,000.
Key things to know
What makes a remote sale safe, clean and tax-smart.
A Special POA authorises only this sale, with proceeds to your NRO account. Never hand over a broad General POA. See our POA guide.
an apostille (the US is a Hague Convention country). Executing it before the Indian consulate is the cleanest route.
Without it, TDS is taken on the whole sale value. With it, only on your gain — the difference can be tens of lakhs. See the lower-TDS service.
Related
The full remote-sale service.
Learn more →The step-by-step POA guide.
Learn more →The tax side, for the USA.
Learn more →Questions
Yes — via a Special Power of Attorney to a trusted person in India, apostilled in the US, then adjudicated and registered in India. We coordinate the whole chain.
India taxes the gain (flat 12.5% long-term) and deducts TDS on the full sale value. You also report the gain on your US 1040 and claim the Indian tax as a Foreign Tax Credit, so it isn't taxed twice.
Yes — the US is a Hague Convention country, so a US-notarised POA is apostilled (not embassy-attested). Executing it before the Indian consulate is an alternative.
Start free
Tell us about the property and where you are. We'll handle the POA, the apostille, the tax and TDS, and the repatriation — free review first, fixed fee before anything begins.
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