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Moment guide · FY 2026-27

I am earning rental income in India as an NRI

How is rental income from India taxed for an NRI?

Sec 24(a)Sec 195Sec 197Sec FEMAVerified 2026-08-11

An NRI's rental income from Indian property is taxed at a flat 30% — not the resident slab — after the 30% standard deduction under section 24(a) and municipal taxes. The tenant deducts TDS under section 195 on the gross rent at the NRI rate, so apply for a Form 13 lower certificate before the payment, and repatriate the net rent from the NRO account within the USD 1 million annual limit.

Your legitimate options

Every route the statute actually gives you — with its condition, cap and deadline.

RouteConditionCap / deadline
Taxed at flat 30%An NRI's rental income from India is taxed at a flat 30% (no slab benefit), on the net income after the 30% standard deductionSection 24(a) 30% standard deduction plus municipal taxes
Tenant's TDS u/s 195The tenant deducts TDS under section 195 at the NRI rate on the gross rentForm 13 can reduce the rate before the payment
Repatriation of NRO fundsNet rent after TDS is credited to the NRO account and repatriable up to USD 1 million a yearDTAA may reduce the rate where the treaty provides

The #1 trap

Expecting the resident slab treatment on NRI rental income — the flat 30% rate applies with no basic exemption set-off, though the 30% standard deduction under section 24(a) and municipal taxes still come off. Also, the tenant's TDS under section 195 is on the gross rent at the NRI rate, so obtaining a Form 13 lower certificate before the rent is paid is the way to avoid over-withholding.

The decision path

Follow it top to bottom — the first condition that matches is your answer.

  1. IF you are an NRI with rental income in India → the rate is a flat 30%, with no basic-exemption set-off.
  2. IF you claim deductions → the 30% standard deduction u/s 24(a) and municipal taxes reduce the taxable rent.
  3. IF a tenant pays you rent → they deduct TDS u/s 195 at the NRI rate on the gross amount.
  4. IF the TDS exceeds your actual tax → obtain a Form 13 lower certificate before the rent is paid.
  5. IF the DTAA provides a lower rate → claim it with the TRC and Form 10F.
  6. IF you repatriate the rent → the NRO balance is repatriable up to USD 1 million a year. [VERDICT: flat 30%, tenant TDS on gross, Form 13 before payment.]

Worked example

Rita, NRI in Singapore earning rent from a Chennai flat

Rita, an NRI in Singapore, earns ₹6,00,000 a year in rent from a flat in Chennai. Her tenant deducts TDS under section 195 on the gross rent at the NRI rate of 30%, which is ₹1,80,000, and remits the net ₹4,20,000 to her NRO account. In her Indian return, Rita computes the net annual value: gross rent of ₹6,00,000 minus municipal taxes of ₹24,000, giving ₹5,76,000, and then the 30% standard deduction under section 24(a), which is ₹1,72,800, leaving taxable rental income of ₹4,03,200. The tax at the flat 30% NRI rate is ₹1,20,960, which is less than the ₹1,80,000 TDS the tenant deducted, so Rita applies for a Form 13 lower-deduction certificate on TRACES before the next rent payment, and the tenant then deducts at the certified rate, avoiding the refund wait. The India-Singapore DTAA does not provide a lower rate for rental income from immovable property situated in India, because the treaty allocates such income to the source country, so the 30% stands; a treaty that did provide relief would need the TRC and Form 10F. The net rent credited to her NRO account is repatriable to Singapore up to the USD 1 million annual limit, with Form 15CA/CB where required. Rita files her return as a non-resident, reports the rental income, claims the TDS credits from her 26AS, and keeps the tenant's TDS certificates. A quick call with us dials in the final figure. Rita also verifies the municipal tax receipts before claiming the section 24(a) deduction, because the municipal taxes paid in the year reduce the gross annual value, and the deduction is allowed only on the taxes actually paid. If the tenant pays the municipal taxes on her behalf, the amount is added back to the rent and the deduction is adjusted. The tenant's TDS under section 195 is on the gross rent, and if the tenant fails to deduct, the rent is still taxable to Rita and the tenant faces the disallowance under section 40(a)(ia) plus interest. The Form 13 lower certificate is applied for on TRACES before the rent is paid, and the certificate is specific to the tenant and the property. If the property is self-occupied for part of the year and rented for part, the two periods are computed separately with the annual value apportioned. A quick call with us dials in the final figure.

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Questions people actually ask

What rate applies to an NRI's rental income?

A flat 30% applies to an NRI's rental income from India, with no basic-exemption set-off, after the 30% standard deduction under section 24(a) and municipal taxes.

Who deducts TDS on NRI rent?

The tenant deducts TDS under section 195 on the gross rent at the NRI rate. A Form 13 lower certificate obtained before payment reduces the withholding.

Can an NRI repatriate rental income?

Yes — net rent credited to the NRO account is repatriable up to USD 1 million per financial year, with the applicable banking forms.

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Sections: 24(a), 195, 197, FEMA · Last verified 2026-08-11 · Reviewed by Harun Raaj & Associates, Chartered Accountants. Every figure cites the Income-tax Act, 1961 (with ITA 2025 mapping via our section index).