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Lower TDS certificate vs claiming a refund in your ITR — which is better for NRIs

Quick Answer

A lower TDS certificate is proactive — it reduces what's withheld before or as payment happens, improving your cash flow immediately. Claiming a refund via your ITR is reactive — you let the higher default deduction happen and recover the excess later, often months after the financial year ends. For large, one-off transactions like a property sale, the certificate route is almost always the better use of your time and money.

Note: Effective 1 April 2026, Form 13 has been replaced by Form 128, and Section 197 by Section 395, under the Income Tax Act, 2025 (Rule 213, Income Tax Rules 2026). This guide uses the earlier form name since it remains the more widely searched term — the underlying requirement and process are unchanged.

Two different points of intervention

Both routes get you to roughly the same place — paying only the tax you actually owe — but at very different points in time. A lower TDS certificate intervenes before the money changes hands, so your buyer, tenant, or bank deducts the right amount from the start. A refund claim intervenes after the fact: you let the default (higher) deduction happen, then recover the excess by filing an Indian ITR and waiting for it to be processed.

Why the timing gap matters

For a property sale, the amounts involved are often large, and the refund route can mean months of that money sitting with the tax department instead of being available to you — to fund a purchase abroad, pay down a loan, or simply access what's yours. The certificate route avoids that gap entirely, at the cost of needing to plan ahead and apply before the transaction closes.

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When the refund route still makes sense

If a transaction has already happened and TDS has already been deducted at the higher rate, a certificate can't help — see our guide on what to do when full TDS gets deducted anyway. In that situation, filing an ITR and claiming the refund is the only route left. It's also a reasonable choice for smaller amounts, where the cash-flow cost of waiting is minor and doesn't justify the extra planning a certificate application requires.

A quick way to decide

As a rule of thumb: if the transaction hasn't happened yet and the amount is significant, apply for a certificate. If TDS has already been deducted, or the amount is small enough that the wait doesn't matter much to you, a refund via your ITR is simpler and requires no advance planning.

Frequently Asked Question

Can I apply for a lower TDS certificate and still claim a refund if I'm over-deducted anyway?

Yes — the two aren't mutually exclusive. If a certificate is issued but, for whatever reason, the deductor still withholds more than specified, or the certificate only covers part of the relevant income, you can claim any remaining excess as a refund when you file your ITR.

This article is for general information only. For your specific situation, consult a practicing CA.

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