Saving Mantra Blog: Step-by-Step Process for Income Earned from Inherited Property for NRI in India
NRIs inheriting property in India often earn income from rent or sale proceeds. Income from inherited property is taxable in India, and proper planning ensures compliance with Income Tax, FEMA regulations, and TDS rules.
This Saving Mantra guide explains the step-by-step process for NRIs to manage, report, and repatriate income from inherited property in India.
✔ Step 1: Confirm Legal Ownership
Before earning income, NRIs must ensure the property is legally transferred:
- With a Will: Obtain probate from the civil court
- Without a Will: Apply for Succession Certificate or Legal Heir Certificate
- Update property records and title deed in the heir’s name
✔ Step 2: Identify the Type of Income
Income from inherited property can be:
- Rental Income: Rent received from tenants
- Capital Gains: Profit from selling inherited property
- Other Income: Leasing commercial property, if allowed
✔ Step 3: Open NRE/NRO Bank Accounts
- NRO Account: Mandatory for receiving rental income or property sale proceeds
- NRE Account: Can be used for repatriation of income abroad
- All transactions should go through bank accounts for FEMA compliance
✔ Step 4: Compute Rental Income
- Gross Rental Income = Total rent received in FY
- Deduct allowable expenses:
- Municipal taxes
- Standard deduction of 30% (Section 24(a))
- Home loan interest (if applicable)
- Net taxable rental income is added to the NRI’s Indian income
✔ Step 5: Compute Capital Gains on Sale
- Long-Term Capital Gains (LTCG): Property held > 24 months, taxed at 20% with indexation
- Short-Term Capital Gains (STCG): Property held ≤ 24 months, taxed at slab rates
- Use cost of acquisition by previous owner + indexation to calculate LTCG
✔ Step 6: TDS Compliance
- Rental income: Tenant deducts TDS at 30% for NRI landlords
- Property sale: Buyer deducts TDS at 20% for LTCG / 30% for STCG
- NRIs can apply for a lower TDS certificate under Section 197 if applicable
✔ Step 7: File Income Tax Return (ITR) in India
- Use ITR-2 for income from inherited property
- Report:
- Rental income
- Capital gains
- TDS deducted by tenant/buyer
- Claim TDS credit in the return to adjust tax liability
✔ Step 8: Repatriation of Funds
- Rental income or property sale proceeds can be repatriated via NRO/NRE accounts
- FEMA limits: Up to USD 1 million per financial year
- Required documents:
- PAN card
- Tax payment proof
- Probate/Succession certificate
✔ Step 9: Maintain Proper Records
- Keep records for at least 6 years:
- Rental agreements
- Bank statements showing income
- TDS certificates (Form 16A/26AS)
- Legal ownership documents
- Property sale and tax computation papers
✔ Step 10: Plan for Tax Optimization
- Claim allowable deductions under Sections 24, 80C, 80D, etc.
- Consider investing sale proceeds in specified assets to save LTCG tax
- Use proper rental agreements to maximize net taxable income
Conclusion
Income from inherited property for NRIs in India is taxable and subject to TDS, FEMA, and ITR filing requirements. Following this step-by-step guide ensures NRIs can efficiently manage rental income, comply with Indian tax laws, and repatriate funds legally.
Disclaimer
This blog is for informational purposes only and does not constitute legal, tax, or investment advice. Income tax, FEMA, and property laws may change. NRIs should consult qualified professionals before earning or repatriating income from inherited property.