NRIs in Brunei can buy and sell residential and commercial property in India, other than agricultural land and farmhouses, without RBI permission. Payments must come from NRE or NRO accounts or by inward remittance. On a sale, the buyer deducts TDS at non-resident rates, which can be reduced with a lower deduction certificate, and proceeds can be repatriated within limits.
- Document route
- Bruneian notary and apostille, or Indian High Commission attestation
- Time difference
- IST is 2h30 behind Brunei all year
- Rules
- FEMA (Non-Debt Instruments) Rules 2019
- Not allowed to buy
- Agricultural land, plantation, farmhouse
Buying & Selling Property from Brunei: how it works
For a purchase, we check the title for at least 30 years, approvals, encumbrances and the builder's RERA registration, and complete registration through your attorney holder. For a sale, we verify your title, draft the deed, apply for lower TDS and plan repatriation with Forms 15CA and 15CB.
Because Brunei does not tax income, Indian capital gains tax is usually the only tax on the sale, so planning exemptions, such as reinvesting in another house, can save a great deal.
Professionals nearing retirement in Brunei often sell one Indian property and buy another; we plan the sequence so that the capital gains exemption for reinvestment in a house can be claimed.
What clients in Brunei should know
- Do not wait until after the sale to apply for lower TDS.
- Check RERA registration for new projects.
- Keep purchase records for capital gains computation.
Step by step from Brunei
Video consultation
A call at a time that suits Brunei, after we have read your documents.
Documents signed in Brunei
Bruneian notary and apostille, or Indian High Commission attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Brunei where needed.
The full guide
This page covers what changes when you are in Brunei. For the law, the documents and the step-by-step procedure, read our main page on Buying & Selling Property, or see all services for clients in Brunei and the NRI Property Law practice area.
Questions from clients in Brunei
Can I buy property in India from Brunei?
Yes, as an NRI, except agricultural land and farmhouses.
Will Brunei tax my Indian capital gain?
No, Brunei does not tax personal income; Indian tax applies.
Can I bring the money to Brunei?
Yes, within repatriation limits after tax.
Can I avoid capital gains tax by buying another house?
Often partly or fully, under the reinvestment exemptions, if the conditions and timelines are met.