Faq NRI Section 54 Exemption Cap
India-specific preparation guide
Faq NRI Section 54 Exemption Cap needs current-law checks, portal verification, documents and a precise brief before you compare experts on the WorkIndex work index.
Post Your Requirement - FreeTDS on NRI Property Sale & Rental Income (Section 195)
TDS on payments to NRIs is governed by Section 195 of the Income-tax Act, 1961. Unlike resident transactions, there are no basic exemption thresholds for NRI TDS.
| Transaction type | TDS Rate & applicability | Key requirement |
|---|---|---|
| TDS on Rent (Section 195) | 31.2% TDS (30% tax + 4% cess) applied to gross rental income. | No basic limit of Rs. 2.4 Lakh. Tenant must obtain a TAN to deduct and deposit this tax. |
| LTCG Property Sale TDS | 20.8% TDS (20% tax + 4% cess + applicable surcharge) on gross sale value. | Applies if the property was held for more than 24 months. Indexation rules apply based on acquisition date. |
| STCG Property Sale TDS | 30.9% to 42.74% TDS on gross sale value depending on the slab. | Applies if the property was held for 24 months or less. |
| Lower TDS Certificate (Section 197) | Application via Form 13 on the e-filing portal to reduce TDS rate. | Enables the buyer to deduct TDS only on the actual capital gains rather than the total sale value. |
Capital gains exemptions and buyer obligations
- No 50 Lakh Threshold: Unlike resident property sales where TDS is 1% under Section 194-IA (only if sale > 50 Lakh), NRI property sales are subject to TDS on the entire sale price under Section 195.
- Section 54 Exemption: NRI can save LTCG tax by investing in another residential house property in India (capped at Rs. 10 Crore).
- Section 54EC Exemption: NRI can save LTCG tax by investing in NHAI/REC capital gains bonds within 6 months of sale (capped at Rs. 50 Lakh).
- Buyer TAN Obligation: The buyer must obtain a TAN to deduct NRI TDS under Section 195 and file Form 27Q quarterly.
Documents for property sale or rent tax filings
- Purchase deed and date of acquisition.
- Sale agreement / sale deed draft.
- Cost of improvement details (renovation, building, etc. with invoices).
- Form 13 Lower TDS certificate (if obtained).
- TAN certificate of the buyer or tenant.
Faq NRI Section 54 Exemption Cap: year and source check
Last fact-checked: 18 June 2026.
AY 2026-27 means FY 2025-26 income and is filed under the Income-tax Act, 1961. Tax Year 2026-27 means FY 2026-27 income under the Income Tax Act, 2025. Do not mix the two.
Verify stay days, TRC validity, DTAA rates, NRO interest, and Form 15CA/15CB requirements against official CBDT guidelines, notifications, and portal utilities before taking a filing position.
FAQs
What is the TDS rate when buying a property from an NRI?
The TDS rate is 20.8% for Long-Term Capital Gains (held > 24 months) and 30.9% (or higher depending on surcharge) for Short-Term Capital Gains, deducted on the total sale consideration.
How can an NRI seller avoid high TDS on property sales?
The NRI seller can apply online for a Lower TDS Certificate under Section 197 using Form 13 on the e-filing portal. This directs the buyer to deduct tax only on the estimated capital gains instead of the entire sale price.
Does a tenant have to deduct TDS when renting from an NRI landlord?
Yes. Under Section 195, the tenant must deduct TDS at 31.2% on the gross rent, irrespective of the rent amount. The tenant must also obtain a TAN (Tax Deduction and Collection Account Number) to deposit the tax.
Frequently Asked Questions
1. What is the tax significance of NRI Section 54 Exemption Cap under the Income Tax Act?
NRI Section 54 Exemption Cap represents key provisions under the Income Tax Act governing deductions, exemptions, tax rebates, or notice assessments. In FY 2025-26, all tax computations must follow the default New Tax Regime unless you actively opt for the Old Tax Regime.
2. How does NRI Section 54 Exemption Cap apply under the default New Tax Regime for FY 2025-26?
Under the New Tax Regime, tax slabs are broadened (up to ₹4 lakh is Nil, and ₹4L to ₹8L is 5%, up to a maximum rate of 30% above ₹24 lakh). Standard deduction is enhanced to ₹75,000. Rebate under Section 87A is available up to ₹60,000 for taxable income up to ₹12,00,000, which heavily influences calculations for NRI Section 54 Exemption Cap.
3. Are there specific deductions or exemptions available for NRI Section 54 Exemption Cap?
Deductions or exemptions for NRI Section 54 Exemption Cap depend on the chosen tax regime. Under the Old Tax Regime, deductions like Section 80C, 80D, and home loan interest (Section 24b) can be claimed, but these are generally disallowed under the default New Tax Regime.
4. What is the Section 87A rebate limit for FY 2025-26?
Under the New Tax Regime, resident individuals with taxable income up to ₹12,00,000 get a full rebate up to ₹60,000, making tax liability zero. Under the Old Tax Regime, the rebate is available only for income up to ₹5,00,000 (maximum rebate ₹12,500).
5. What is the LTCG tax rate on equity shares and mutual funds?
Under Section 112A, Long-Term Capital Gains (LTCG) on listed equity shares and equity-oriented mutual funds are taxed at a flat rate of 12.5% on gains exceeding ₹1.25 lakh per financial year.
6. What is the STCG tax rate on equity shares under Section 111A?
Short-Term Capital Gains (STCG) on listed equity shares and equity mutual funds are taxed at a flat rate of 20% under Section 111A if Securities Transaction Tax (STT) is paid.
7. What is the tax treatment of dividend income?
Dividend income is fully taxable in the hands of the receiver at their applicable income tax slab rates. The paying company will deduct TDS at 10% under Section 194 if the dividend exceeds ₹5,000 in a FY.
8. What is Section 80C under the Old Tax Regime?
Section 80C allows deductions up to ₹1,500,000 for investments in PPF, EPF, ELSS, LIC premium, principal repayment of home loan, and school tuition fees. This deduction is NOT available under the New Tax Regime.
9. What is Section 80D medical insurance deduction?
Section 80D allows deduction for health insurance premium: up to ₹25,000 for self, spouse, and children, and an additional ₹25,000 for parents. If parents are senior citizens, the deduction limit increases to ₹50,000. It is only available under the Old Tax Regime.
10. What are the rules for filing a belated return under Section 139(4)?
If you miss the primary ITR due date, you can file a belated return by December 31 of the Assessment Year. It attracts a late fee of ₹5,000 (₹1,000 if income is <= ₹5 lakh) and interest under Section 234A.
11. What is Section 148 of the Income Tax Act?
Section 148 authorizes the Assessing Officer to issue a notice to assess or reassess income that has escaped assessment. A show-cause notice under Section 148A must first be issued to give the taxpayer an opportunity to reply before reopening.
12. What is the tax rate on speculative business income (like intraday equity)?
Speculative business income is taxed at normal slab rates. However, speculative losses can only be set off against speculative profits and can be carried forward for only 4 assessment years.
13. What is the presumptive taxation scheme under Section 44AD?
Small businesses with turnover up to ₹2 crore (or ₹3 crore if receipts are 95% digital) can declare presumptive taxable profits at 8% of turnover (6% for digital receipts) without maintaining books of accounts or undergoing audits.
14. What is presumptive taxation for professionals under Section 44ADA?
Professionals with gross receipts up to ₹50 lakh (or ₹75 lakh if receipts are 95% digital) can declare 50% of receipts as taxable income under Section 44ADA.
15. How is rental income taxed under the head 'Income from House Property'?
Rental income is taxed on its Net Annual Value (Rent received minus Municipal Taxes). A standard deduction of 30% under Section 24(a) is allowed. Home loan interest under Section 24(b) can be deducted up to ₹2,00,000 (only under the Old Regime for self-occupied properties).