Has FEMA repatriation rules changed for NRIs in 2026?

No major structural change to FEMA itself in 2026. The Finance Act 2025 retained the LTCG framework but did not alter FEMA remittance procedures. NRIs can still repatriate up to USD 1 million per financial year from sale proceeds without RBI approval, provided tax clearance and Form 15CA/15CB are in order.

What is Form 15CA and 15CB for NRI property sales?

Form 15CA is a declaration by the remitter (NRI) that tax has been paid on the capital gains. Form 15CB is a certificate from a chartered accountant confirming the tax computation and TDS compliance. Both are required for remittances above prescribed thresholds and must be filed on the RBI-ITD portal.

Can sale proceeds be repatriated immediately after registration?

Not immediately. The funds must first be credited to an NRO account. After TDS deposit and tax return filing, the NRI can apply for repatriation through an authorized dealer bank with Form 15CA, 15CB, and tax clearance. The timeline is typically 4-8 weeks from sale registration to remittance.

NRI Repatriation in 2026: What Has Actually Changed Under FEMA & Finance Act 2025

The Finance Act 2025 retains the 12.5% LTCG regime, the recent RBI clarifications standardise paperwork, and one key concession is reserved for residents only. Here is the operational picture for NRI sellers.

The short version

Nothing fundamental about the right to repatriate has changed. What has changed is the paperwork friction, the tax treatment of long-term capital gains, and a key concession that NRIs cannot use.

What Finance Act 2025 actually did

FA 2025 preserved the regime introduced by Finance (No. 2) Act 2024 rather than reopening it:

LTCG on immovable property remains 12.5% without indexation.
The transitional concession — the option to pay 20% with indexation for property acquired before 23 July 2024 — is available only to resident individuals and HUFs. NRIs do not get this option.
Section 54 / 54F caps (₹10 Cr on the new house cost) and Section 54EC ceiling (₹50 lakh in NHAI/REC bonds) are unchanged.

Three things to know in 2026

1. LTCG on property is 12.5% without indexation. For NRIs this is the only available rate — the resident-only 20%-with-indexation route is closed to you.

2. TDS on NRI sellers remains at 12.5% on the LTCG component, but the buyer must deduct on the sale value unless the NRI obtains a Lower Deduction Certificate (LDC) under Section 197.

3. Repatriation cap of USD 1 million per financial year per NRO account remains. Plan multi-year exits accordingly.

Operational checklist before listing

File for the LDC at least 60 days before expected sale.
Reconcile original purchase cost with stamp duty + registration; document improvement costs (no indexation benefit, but the cost itself is deductible).
Confirm DTAA position with country of residence — credits available in most cases.
For rental income up to the date of sale, note that FA 2025 raised the Section 194-I TDS threshold to ₹6 lakh p.a., which affects deduction at source for tenants.

Most NRI exits we manage now run on a 9-month timeline end to end. Plan accordingly.