CA K Sanjay BhargavChartered Accountant
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Rent paid to an NRI landlord: why the tenant deducts 31.2% from the first rupee

CA K Sanjay Bhargav, Chartered Accountant, Bengaluru

Membership No. 250054 · DISA (ICAI)

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A flat in Bengaluru is let at ₹60,000 a month. The owner moved to Dubai three years ago. The tenant, who has rented before and knows the drill, deducts 10% and pays over ₹54,000.

Both of them have a problem. The tenant has under-deducted by roughly ₹1,27,000 a year and is personally liable for it. And once that is corrected, the owner will have ₹2,24,640 a year deducted from rent on which the real tax is closer to ₹5,000.

Neither figure is a penalty. Both follow from the sections, and both are avoidable.

Section 194-I does not apply to you

Rent is one of the best-known TDS entries. A tenant deducts 10% under Section 194-I of the 1961 Act — Section 393(1) of the Income-tax Act 2025 from tax year 2026-27 — above a threshold that is ₹6 lakh a year for FY 2025-26 onwards. That is the rule almost everyone has in mind.

It applies when the landlord is resident.

When the landlord is a non-resident, Section 194-I is not the operative provision at all. The payment falls under Section 195 — for tax year 2026-27 onwards, the non-resident table in Section 393(2) of the 2025 Act — which requires deduction from any sum chargeable to tax paid to a non-resident.

Two consequences follow, and they are the whole of the problem:

  • No threshold. Section 195 has none. Deduction is due on the first rupee of rent. The ₹6 lakh comfort does not exist here.
  • A different rate. Deduction is at the rates in force for a non-resident. House-property income of a non-resident individual is taxed at slab rates, and the tenant has no way of knowing the landlord's total income, so deduction is made at the top of the scale: 30% plus the 4% health and education cess — 31.2%, with surcharge on top where the rent is large enough to attract it.

This is the same structural trap as a property sale, where the buyer deducts on the full consideration rather than the gain. The mechanism differs; the cash-flow damage is identical.

What you actually owe

The rent is taxed as income from house property — Sections 22 to 24 of the 1961 Act, Sections 20 to 22 of the 2025 Act. Three things come off, in order:

  1. Municipal taxes actually paid by you as owner.
  2. A flat 30% standard deduction on what is left. It is given instead of every actual expense — maintenance, agent's commission, repairs, society charges. Whatever you really spent is irrelevant.
  3. Interest on money borrowed for the property.

On the Bengaluru flat, with ₹10,000 of municipal tax and no loan:

Gross annual rent₹7,20,000
Less: municipal taxes paid by owner(₹10,000)
Net annual value₹7,10,000
Less: 30% standard deduction(₹2,13,000)
Income from house property₹4,97,000

With no other Indian income, under the default regime the first ₹4 lakh is nil and the balance of ₹97,000 is taxed at 5% — about ₹5,040 including cess.

Against that, ₹2,24,640 has been deducted. Roughly forty-four times the tax.

One caution on the arithmetic, because it is quoted carelessly everywhere: the ₹60,000 rebate under Section 156 that takes income up to ₹12 lakh to nil is for a resident individual. It is not available to you. Your tax genuinely starts above the ₹4 lakh band — it is simply nowhere near 31.2% of gross rent.

The fix, and it has to come first

Section 197 of the 1961 Act — Section 395(1) of the 2025 Act from tax year 2026-27 — lets the recipient apply for a lower or nil deduction certificate. The application is Form 13 under the 1962 Rules and Form 128 under the Income-tax Rules 2026.

Four things about it matter more than the form itself:

  • You apply, not the tenant. The tenant cannot fix this from their side, and a tenant who simply deducts less because you asked them to is the one who carries the liability.
  • It must be in place before the rent is paid. There is no retrospective certificate. Rent already paid at 31.2% is recoverable only by filing a return.
  • It names a rate, and the tenant must follow it. The Assessing Officer issues the certificate specifying what the tenant deducts. That is what makes it safe for the tenant to deduct less.
  • It expires with the tax year. A tenancy running for five years needs five applications, each before the first rent of its year. This is the part people miss, and the reason a certificate obtained once is often found to have lapsed two years later with full-rate deduction running in the background.

What the tenant is actually signed up for

Worth knowing, because a tenant who discovers this late often wants to renegotiate — or walk.

  • A TAN. Deducting under the non-resident provision requires one, and an individual tenant renting a flat is not excused. The relaxation that came in for deductions from 1 October 2026 is written for a resident individual or HUF buying immovable property from a non-resident. Nothing in it reaches rent.
  • Monthly deposit, by the 7th of the following month.
  • A quarterly non-resident TDS return — Form 27Q under the old rules, Form 144 under the Income-tax Rules 2026 — and a deduction certificate issued to you.
  • A higher rate if you have no PAN, under Section 206AA of the 1961 Act, Section 397(2) of the 2025 Act.
  • Personal liability for getting it wrong. Under-deduction makes the tenant an assessee-in-default under Section 201 — Section 398 of the 2025 Act — for the shortfall plus interest.

The practical reading: a tenant paying rent to an NRI is taking on a compliance obligation most individual tenants have never had. Telling them about it at the start, with the certificate already applied for, is the difference between a letting that runs quietly and one that produces a demand two years later.

Then: getting the rent out of India

The rent is Indian income and lands in an NRO account. Taking it abroad is a separate step with its own certificate: what used to be Forms 15CA and 15CB, and under the Income-tax Rules 2026 is Forms 145 and 146. Whether a CA certificate is needed at all depends on which part of the form applies and whether the sum is taxable — see when you actually need a CA certificate, and the full repatriation route for the sequence.

Rent is also subject to the USD 1 million a year limit on remittances out of NRO balances, which is cumulative across everything you send in a financial year — what that limit covers.

The sequence that works

  1. Before the tenancy starts, establish that you are non-resident for the year and that Section 195 applies. Residence is a computation, not a status you carry.
  2. Apply in Form 128 for a lower-deduction certificate, with the house-property computation and your other Indian income.
  3. Tell the tenant what the certificate says, in writing, and confirm they hold a TAN.
  4. Diarise the renewal for the start of the next tax year.
  5. File your Indian return — the certificate reduces the deduction, it does not remove the filing.
  6. Repatriate separately, with Forms 145/146 where required.

Steps 1 and 2 are the ones with a deadline attached. Everything after them is recoverable; those two, once the rent has been paid, are not.

Frequently asked questions

My tenant deducts 10% like everyone else. Is that wrong?

Yes, if you are a non-resident. The 10% rate sits in Section 194-I of the 1961 Act (Section 393(1) of the Income-tax Act 2025 from tax year 2026-27), and that provision applies when the landlord is a resident. Rent paid to a non-resident falls under Section 195 instead — Section 393(2) of the 2025 Act — at the rates in force for a non-resident, which in practice means 30% plus a 4% cess, so 31.2%. A tenant deducting 10% has under-deducted, and the shortfall plus interest is recovered from the tenant, not from you.

Is there a threshold below which the tenant need not deduct?

No. Section 194-I has a threshold — ₹6 lakh a year for FY 2025-26 onwards — and that is where the idea of a safe small rent comes from. Section 195 has no threshold at all. It applies to any sum chargeable to tax paid to a non-resident, so deduction is due on the first rupee of rent. This is the single most common mistake in NRI letting arrangements.

Why is the deduction so much more than my actual tax?

Because the tenant deducts on the gross rent, while you are taxed on a much smaller figure. Income from house property is computed under Sections 22 to 24 of the 1961 Act (Sections 20 to 22 of the 2025 Act): municipal taxes you pay as owner come off, then a flat 30% standard deduction, then interest on money borrowed for the property. On ₹7.2 lakh of annual rent with no loan, the taxable figure is around ₹4.97 lakh and the tax on it under the default regime is a few thousand rupees — against TDS of ₹2,24,640. The difference is not tax. It is your money sitting with the department until you file a return and claim it back.

Do I get the ₹12 lakh rebate that makes rent up to that level tax-free?

No. The rebate of up to ₹60,000 under Section 156 of the 2025 Act, which takes income up to ₹12 lakh to nil, is available to a resident individual only. As a non-resident your tax starts once total income passes the ₹4 lakh nil band. Plenty of NRI landlords assume the ₹12 lakh figure covers them because it is quoted everywhere without the residence condition attached.

How do I get the deduction reduced?

You apply for a lower or nil deduction certificate: Section 197 of the 1961 Act in Form 13, and for tax year 2026-27 onwards Section 395(1) of the Income-tax Act 2025 in Form 128. You apply, not the tenant. The Assessing Officer issues a certificate specifying the rate the tenant must deduct at, and the tenant then deducts at that rate instead of 31.2%. It has to be in place before the rent is paid — there is no retrospective version.

Does the certificate last for the whole tenancy?

No. It is issued for a tax year and lapses with it, so a continuing tenancy means a fresh application every year, before the first rent of that year is paid. Applications made after the year has started leave the earlier months deducted at the full rate, recoverable only as a refund.

Does my tenant need a TAN just to pay me rent?

Yes. Deducting under the non-resident provision requires a Tax Deduction Account Number, and that includes an individual tenant paying rent on a flat. The relaxation that came in for deductions from 1 October 2026 is drafted for a resident individual or HUF buying immovable property from a non-resident; nothing in it extends to rent. The tenant also has to deposit the tax monthly and file a quarterly non-resident TDS return — Form 27Q under the old rules, Form 144 under the Income-tax Rules 2026.

Can I just receive the rent in my foreign account directly?

Rent on an Indian property is Indian income and normally goes into an NRO account. Moving it abroad from there is a separate step with its own paperwork: the CA certificate route that used to be Forms 15CA and 15CB, and is Forms 145 and 146 under the 2026 Rules. The TDS question and the remittance question are independent — getting the deduction right does not by itself get the money out, and vice versa.

Letting an Indian property while you live abroad?

Send the rent, the municipal taxes you pay, any home loan interest, and your other Indian income. What the tenant is obliged to deduct, what you actually owe, and whether a lower-deduction certificate is worth applying for are worked out before the next rent cycle.

Related service: NRI Repatriation