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5 Things NRI Landlords Must Know Before Renting Property In India

5 Things NRI Landlords Must Know Before Renting Property In India

5 Things NRI Landlords Must Know Before Renting Property In India
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Many non-resident Indians invest in Indian real estate market every year. While some buy for their family or those who plan to come back to the country, there are many that buy property for investment purposes. Of those investing, the purpose is to earn consistent rental income.

If you are an NRI who has purchased property in India for rental income, you should know about these five aspects:

Where do you need to pay the tax?

As a thumb rule, you have to pay tax in the country from where the income is generated. Therefore, if you are getting a rental income from the property you have bought in India, you are liable to pay the tax in India, irrespective of which country you reside in.

How to calculate taxable rental income?

It is not that you have to pay tax on the entire rental income. There are some deductions you can avail of. In order to ascertain how much of your rental income is taxable consider the following deductions in the first place:

  • Standard deduction at the rate of 30 percent on the taxable value
  • Taxes paid to the municipal authority with respect to the concerned property which has been rented out
  • Interest paid over a loan availed of for the purpose of construction, repairs or renewals of the property

Are there any deductions on home loan?

NRIs who have availed of home loan to buy a property for residential purpose in India are eligible for a tax deduction of up to Rs 1.50 lakh a year under section 80C of the Income Tax Act. This amount can be deducted from your total income from India and for that matter, rental income is also included in your total income from all the sources.  

Is it mandatory to file income tax returns in India?

Yes, it is mandatory for NRIs to file income tax return in India. However, if your total income from India, including all the sources, does not exceed Rs 2.40 lakh a year, it is not compulsory for you to file the returns.

Although, you can voluntarily file the IT return in case you need to claim refund of any excess tax paid by you. That includes the Tax Deduction at Source (TDS) amount.

Double taxation

Some NRIs are expected to pay tax on their rental income from India, in both the countries. The applicability of taxation depends on the residential status of the NRI. In the Middle East, many countries are tax-free and the NRIs in those countries need not worry about direct taxation.

Moreover, India and United States have Double Taxation Avoidance Agreement under which an NRI living in the US can claim credit as per the governing laws.

All the income generated in India shall be deposited in the Non-Resident Ordinary (NRO) account.

Last Updated: Fri Sep 15 2017

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