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Denmark

Ejendomsvaerdiskat on the house you kept in India

Denmark taxes a flat it has never seen, on a value nobody sends you, while India charges no income tax on it at all.

You live in Denmark and you kept the flat in India, empty, for when you visit. India charges no income tax on it at all. Then your Danish accountant asks for its market value, because Denmark charges an annual property value tax on homes abroad too, and the number has to come from you. No Indian authority sends you one Skattestyrelsen will take, and the Indian valuations your CA reaches for first are all the wrong kind.
Last reviewed: 16 August 20268 min readReviewed by Preetesh Maloo, CA

The short answer

Denmark charges ejendomsvaerdiskat on a dwelling abroad if you are fully liable to Danish tax (ejendomsskatteloven 2 stk. 2 and 3 stk. 2) and the property is at your disposal as a dwelling (2 stk. 3). India charges nil annual value on a self-occupied house under Section 23(2), so there is no Indian income tax on it to set against the Danish charge. You compute the base yourself. There is no approved Indian public valuation and India is not on Skattestyrelsen's list of approved price indices, so the default route is your actual purchase price indexed forward on a Danish index, and it goes in at 100% with none of the 20% reduction a Danish home gets. For 2026 the rate is 5.1 promille of base up to DKK 9,007,000 and 14 promille above. Letting the flat removes the charge only where the letting is genuinely commercial and you have given up your own use of it.

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Why Denmark taxes a flat in India at all

Ejendomsskatteloven 3 stk. 2 puts a dwelling situated abroad inside the charge, and 2 stk. 2 puts it on you personally if you are fully liable to Danish tax. There is one condition, in 2 stk. 3: the property has to be at your disposal as a dwelling. That is why the empty flat you keep for visits is the expensive one.

India is doing the opposite. Under Section 23(2) the annual value of a house you occupy yourself, or cannot occupy for any reason, is nil, and Section 23(4) caps that at two houses. So the flat bears no Indian income tax and an annual Danish one, which is the reverse of what most people brace for.

One carve-out ends the charge outright, and it is worth checking before anything else. The second sentence of 2 stk. 2 says that where you are resident of the other state under a double tax treaty, Danish ejendomsvaerdiskat covers only property situated in Denmark. So if the tie-breaker in the treaty puts you in India rather than Denmark, the Indian flat drops out completely. That is a residence question, not a property question, and it is settled long before any valuation work starts.

The value you have to produce, and the Indian numbers that will not do it

Nobody sends you this figure. Ejendomsskatteloven 14 makes it yours to establish, in a fixed order.

RouteWhat it usesEnters the base at
14 stk. 1An approved foreign public assessment80%
14 stk. 2 nr. 1Your actual purchase price indexed on an approved foreign index100%
14 stk. 2 nr. 2Your actual purchase price indexed on a Danish index100%
14 stk. 2 nr. 3Other documentation giving a more accurate figure80%
14 stk. 2 nr. 4An estimate, where nothing above is available80%

The first two routes are closed to an Indian flat. Vurderingsstyrelsen has approved exactly one foreign public assessment, the Swedish valuations of 2001 and 2002 for properties bought before 2002, so no Indian valuation can be a 14 stk. 1 assessment. And the approved price index list runs to a dozen countries, none of them India, so nr. 1 is out too. Vurderingsstyrelsen's own instruction for a country not on the list is to use the Danish sommerhusindeks.

So the default answer is nr. 2: what you actually paid for the flat, indexed forward on a Danish index. Which makes one Indian document carry the whole calculation, the sale deed showing the real consideration and the date you took the property over.

One date detail saves rework. Skattestyrelsen ties the figure to the Danish valuation cycle, so income years 2025 and 2026 both run on the flat's value at 1 January 2024. The value does not move between them, though the flat still has to be reported.

The three Indian numbers a CA normally reaches for do nothing here, because none of them is what you paid:

- the circle rate, ready reckoner or guideline value, a stamp duty floor set by the state - the stamp duty value used for Section 50C, the same figure for a different tax - the municipal assessment, a rateable figure for levying local property tax

Your Indian flat gets no 20 per cent reduction

A Danish home enters the base at 80% of its assessed value. Your Indian flat, on the ordinary route, enters at 100%.

That reduction, the forsigtighedsprincip, is written into ejendomsskatteloven 13 stk. 2 for Danish property. For foreign property it attaches to some routes and not others. It applies where the value comes from an approved foreign public assessment (14 stk. 1), or from other documentation (14 stk. 2 nr. 3), or from an estimate (14 stk. 2 nr. 4). It does not apply to the index routes in nr. 1 and nr. 2, and Den juridiske vejledning gives the reason plainly: an indexed figure is fixed by an objective norm, so it involves no exercise of judgment for the reduction to soften.

Since an Indian flat lands on nr. 2 by default, it carries no reduction. On the same underlying value a Danish home is taxed on four fifths of it and your Pune flat on all of it.

That is what makes nr. 3 worth a look. Unlike nr. 2 and nr. 4 it carries no fallback wording: where other documentation gives a more accurate figure than the indexed one, that documentation shall be used, and the value then enters at 80%. So it can override the index route rather than merely fill a gap behind it.

Two things stop that being free money. It is a more-accurate test rather than a choice, so the documentation has to be shown to beat the index, and neither the statute nor the guidance says what qualifies. And it runs both ways: the preparatory works say Skatteforvaltningen may equally rely on better documentation if it holds any. Where a Danish index has lagged a hot Indian market, the indexed figure is already the lower number and 80% of today's value is worse. So this is arithmetic to do before commissioning anything, not after.

The rate, and the discount that turns on your deed date

Ejendomsskatteloven 22 stk. 1 sets two rates: 5.1 promille of the base up to a threshold, and 14 promille above it. The threshold moves on a two-yearly cycle under 22 stk. 2, and it went down, not up, at its first adjustment. Those two were stk. 2 and stk. 3 until lov nr. 562 of 27 May 2025 repealed the old stk. 1 and shifted the rest up, so older write-ups cite the wrong numbers.

Income yearThresholdBelow itAbove it
2024 and 2025DKK 9,200,0005.1 promille14 promille
2026DKK 9,007,0005.1 promille14 promille

There is also a rabat, and one Indian document decides whether you get it. Ejendomsskatteloven 35 and 36 give a reduction to owners who took the property over on or before 31 December 2023 and were liable for 2024, and foreign property is expressly inside it. Being let in 2024 does not cost you it either: 37 stk. 2 computes the difference as if you had been charged. The amount is then frozen in nominal terms (40 stk. 5) and it lapses on a change of owner (43). One exception is worth knowing, because this is a transfer NRIs actually make: 43 stk. 4 and stk. 5 carry the rabat over to a spouse, including a surviving spouse in uskiftet bo and a spouse taking the property on divorce. Any other name on the deed and it goes.

The test is the take-over date recorded in the sale agreement or the registered deed, not the date of registration and not the date you paid the builder. On a flat bought off-plan those can be years apart, and the difference decides whether the rabat exists at all.

Letting it out: what removes the charge and what does not

Letting removes the Danish charge in one case only. Ejendomsskatteloven 3 stk. 3 takes a property let commercially outside the charge entirely, and Den juridiske vejledning explains why: a commercial letting means you no longer have the property at your disposal to live in. The bar is an effective surrender of your own use, not a tenancy agreement you could end when you visit.

Short of that, the reductions are narrower than people expect.

What you do with the flatEffect on ejendomsvaerdiskat
Commercial letting, own use surrenderedOutside the charge
The property cannot serve as your dwelling for part of the yearReduced proportionately, on a 360-day year
Letting where you use the standard-deduction methods in ligningsloven 15 O, 15 P or 15 QNo reduction at all
Letting where you compute on actual accountsReduced for the let share

That third row is the one that catches people. Choosing the simple bundfradrag method on the Danish rental income keeps the property value tax running at full rate for the whole year.

And the Danish saving buys an Indian cost. Once the flat is let, India taxes the rent as house property income after the 30% standard deduction, your tenant has to deduct tax under Section 195 (Section 393(2) from FY 2026-27) on the gross rent because you are a non-resident, and remitting the rent out needs Form 15CA (Form 145 from FY 2026-27), with a CA's Form 15CB (Form 146) behind it once the year's remittances pass Rs 5,00,000, unless you already hold an assessing officer's certificate under Section 195(2) or Section 395, formerly Section 197. Letting periods also cut into the rabat while they run. So the empty flat and the let flat both have a bill attached, in different countries, and which is larger is a computation on your own numbers.

The treaty covers this, and still leaves you paying

Article 22 of the India-Denmark treaty is the capital article, and Skattestyrelsen's own walkthrough says it has practical significance only for ejendomsvaerdiskat, which it treats as a partial wealth tax, because Denmark has no general wealth taxation. So the treaty does reach this charge. It just has nothing to give you.

Treaty provisionWhat it doesWhy it does not help
Article 2Lists the Indian wealth-tax under the Wealth-tax Act 1957 among the taxes coveredThat tax stopped being charged from assessment year 2016-17
Article 22(1)Capital represented by immovable property may be taxed where the property isA may, not an only, so Denmark keeps its own right
Article 23(3)(a)(ii)Denmark credits capital tax paid in IndiaIndia levies no capital tax, so the credit is zero

The treaty lists an Indian tax that no longer exists and offers a credit for an amount that is always nil. Nothing in it stops Denmark charging you.

Indian municipal property tax does not fill the gap through the treaty either. It is levied by a municipal corporation, not by India as a Contracting State, and this treaty's taxes-covered article carries no wording extending it to political subdivisions or local authorities. If that tax is going to reduce anything, it has to do it through Danish domestic law.

The Indian tax that might reduce it, and why your city decides

Ejendomsskatteloven 27 credits foreign tax against ejendomsvaerdiskat on the same property. Three features matter, and one of them is unexpectedly generous.

1. The foreign tax does not have to resemble ejendomsvaerdiskat. Den juridiske vejledning says relief is available even where the foreign tax is not of the same kind. 2. It does have to be computed by reference to the value of the property. That is the statutory test. 3. Land taxes, registration duty and transaction charges are expressly excluded, relief is given property by property, it cannot exceed the Danish tax on that property, and you have to be able to document the payment.

So whether your Indian municipal property tax qualifies turns on how your city computes it, and Indian cities do not agree.

BasisHow the demand is worked outReads as computed by reference to value?
Capital value, used in MumbaiFrom the flat's ready reckoner valueYes, on its face
Unit area, used in Delhi and BengaluruArea times a rate fixed by locality, adjusted for age and useNo, the demand is not computed from your flat's value
Annual rental value, used in Chennai and HyderabadFrom notional rentNo, it looks at rent

Read the basis off your own demand rather than off a guide. Karnataka and Telangana have both had value-based reforms in play in recent years, and what governs is what your corporation actually assessed you on.

Be straight about the limits of all this. No Danish source addresses Indian municipal tax, Skattestyrelsen's published examples are Swedish, Spanish and French, and an Indian levy on land and building together may be characterised as a land tax, which 27 excludes outright. There is a further wrinkle: Den juridiske vejledning presents 27 mainly as the route for property in a state Denmark has no wealth-tax treaty with, and India is a treaty state, so even the domestic route is not clean. This is a binding-ruling question in Denmark, not a look-it-up question, and nobody should promise you the credit.

What we can do from the Indian side is produce the demand and the receipt, and show on the face of them which basis your corporation used. Skattestyrelsen wants the paid foreign property tax reported in rubrik 254, with documentation kept.

Grundskyld, the Danish land tax, is not in play at all. Ejendomsskatteloven 4 stk. 1 charges it only on property situated in Denmark.

What Priya's empty flat costs, and what the reduction would be worth

Priya pays Danish tax every year on a Pune flat that India charges no income tax on at all, and she pays it on a quarter more base than a Dane with an identical home.

Her flat was bought in 2016 and stands empty for visits. India charges nil annual value on it under Section 23(2). Say the purchase price indexed forward on the Danish index comes to DKK 1,200,000.

BaseTax at 5.1 promille
Index route, no reductionDKK 1,200,000DKK 6,120
If a documented-value route applied, at 80%DKK 960,000DKK 4,896

DKK 1,224 a year sits on the difference, and it repeats for as long as she owns the flat. Both figures are before any rabat. Taking the flat over in 2016 gets her past the date test, but the rabat itself is only the amount by which the new rules cost her more than the old ones did in 2024, and where that difference is not positive it is set to zero. On a two-decade hold that is real money, which is why the arithmetic gets done before anyone commissions a report, not after.

Whether the Indian municipal tax she pays does anything about that turns on which basis her corporation used to raise the demand, which is the first thing to read off the receipt.

What's involved

What the CA actually does

  1. 1

    We produce the one document the calculation rests on

    We pull the registered sale deed and confirm the actual consideration and the date you took the property over, which is what the Danish index route indexes forward and what decides whether the rabat applies.

  2. 2

    We work the reduction question before you spend anything

    We compare the indexed figure against what a documented valuation would produce with the 20% reduction attached, so you commission a report only where it pays for itself.

  3. 3

    We assemble the municipal tax evidence

    We obtain the property tax demand and receipts and identify which basis your corporation uses, so your Danish adviser can see whether the credit under ejendomsskatteloven 27 is even arguable.

  4. 4

    We handle the Indian side if it is let

    We compute the rental income after the 30% standard deduction, file the Indian return, recover the gross-basis TDS your tenant deducted, and prepare Form 15CA (Form 145 from FY 2026-27), with Form 15CB (Form 146) where the year's remittances need one.

What to have ready

Documents you'll typically need

  • The registered sale deed, showing the consideration and the date of transfer
  • Proof of the date you took possession, if different
  • Municipal property tax demands and paid receipts
  • Any Indian valuation report you already hold
  • Rental agreement and TDS details, if the flat is let
  • Your PAN and Danish tax details

References on this page

  • Ejendomsskatteloven 2 stk. 2 and 3 stk. 2: ejendomsvaerdiskat reaches a dwelling situated abroad owned by a person fully liable under kildeskatteloven 1; 2 stk. 3 requires that the owner has the property at their disposal as a dwelling
  • Ejendomsskatteloven 2 stk. 2, 2. pkt.: where the owner is resident of the other state under a double tax treaty, the charge covers only property situated in Denmark
  • Ejendomsskatteloven 14 stk. 1: an approved foreign public assessment, at 80% of value. Vurderingsstyrelsen has approved only the Swedish 2001 and 2002 assessments for properties acquired before 1 January 2002
  • Ejendomsskatteloven 14 stk. 2: the actual purchase price indexed on an approved foreign index (nr. 1) or a Danish index (nr. 2), both at 100%; other documentation giving a more accurate figure (nr. 3) or an estimate (nr. 4), both at 80%
  • Ejendomsskatteloven 22 stk. 1 and stk. 2 (renumbered from stk. 2 and stk. 3 by lov nr. 562 of 27 May 2025): 5.1 promille up to the threshold and 14 promille above; the threshold is DKK 9,007,000 for 2026, having been DKK 9,200,000 for 2024 and 2025
  • Ejendomsskatteloven 35, 36 and 37 stk. 2: the skatterabat runs for property taken over on or before 31 December 2023, including where the property was let in 2024; it is frozen in nominal terms under 40 stk. 5, lapses on a change of owner under 43, and passes to a spouse under 43 stk. 4 and stk. 5
  • Ejendomsskatteloven 3 stk. 3, 15 stk. 2 and 15 stk. 5: commercial letting takes the property out of the charge; part-year unavailability is pro rata; letting under the standard-deduction methods in ligningsloven 15 O, 15 P and 15 Q reduces nothing
  • Ejendomsskatteloven 27: credit for foreign tax computed by reference to the value of the property, excluding land taxes and transfer duties, capped at the Danish tax on that property
  • Ejendomsskatteloven 4 stk. 1: grundskyld is charged only on property situated in Denmark
  • India-Denmark treaty Article 2 (the Wealth-tax Act 1957 is a covered Indian tax), Article 22(1) and Article 23(3)(a)(ii)
  • India: Section 23(2) nil annual value, capped at two houses by Section 23(4); the 30% standard deduction under Section 24(a) on let property; Section 195 TDS on rent paid to a non-resident (Section 393(2) from FY 2026-27); Form 15CA and 15CB on the remittance (Forms 145 and 146 from FY 2026-27)

Frequently asked questions

Common questions

Yes, if you are fully liable to Danish tax and the flat is at your disposal as a dwelling. Ejendomsskatteloven 3 stk. 2 puts foreign property inside the charge, and India's nil annual value on a self-occupied house does nothing to reduce it.

Your actual purchase price indexed forward on a Danish index, in the usual case. India has no approved public assessment and is not on Skattestyrelsen's approved index list, so both of the routes that come earlier in ejendomsskatteloven 14 are closed.

No. The index route needs what you actually paid, and none of those is that. A circle rate is a stamp duty floor set by the state, and a municipal assessment is a rateable figure for levying local tax.

Only a genuinely commercial letting does, where you have given up your own use of the flat. And if you use the standard-deduction method on the Danish rental income, the property value tax is not reduced at all.

It depends on how your city computes the demand, and it is not settled. Ejendomsskatteloven 27 needs a tax computed by reference to the property's value, which a capital-value city like Mumbai arguably meets and an area-based or rental-value city does not. No Danish source addresses India, so this is a binding-ruling question.

There is, and foreign property is inside it. The rabat under ejendomsskatteloven 35 and 36 needs the property to have been taken over on or before 31 December 2023. The test is the take-over date, as recorded in the sale agreement or the registered deed, rather than the date of registration. Passing that test is not the whole story though: the rabat is only the amount by which the new rules cost you more than the old ones did in 2024. And it lapses if the flat changes hands, unless it passes to a spouse.

The exceptions that change the answer

Where the general rule stops applying to you

Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.

Circle-rate tolerance band under s.50C

Right now: 10%

Where it works differently

The agreement date and registration date differ
The stamp-duty value on the AGREEMENT date may be used, if part of the consideration was paid by banking channel on or before that date.
Provisos to s.50C(1).
The seller disputes the circle rate
s.50C(2) entitles them to a Valuation Officer reference. The AO cannot refuse.
The sub-section is mandatory once the claim is made.
The buyer is also assessed
The same shortfall can be taxed in the buyer's hands under s.56(2)(x), so both sides are exposed.
Mirror provisions.

Commonly got wrong

  • The tolerance band is 5%. Stale since AY 2021-22.If the sale price is within 10% of the circle rate, no substitution happens. Beyond that gap, the circle rate replaces your sale price for computing the gain.

House property standard deduction and interest cap

Right now: 30% standard deduction on net annual value

Where it works differently

The property is self-occupied
Interest deduction is capped at Rs 2 lakh under s.24(b).
Second proviso to s.24(b).
The property is let out
Full interest is deductible against rent, but the resulting LOSS that can be set against other heads is capped at Rs 2 lakh a year, with an 8-year carry-forward.
s.71(3A), from AY 2018-19. Frequently missed by leveraged NRI landlords.
The new tax regime applies
No set-off of house-property loss against other income at all.
s.115BAC restriction. NRIs are in the new regime by default.

Commonly got wrong

  • Full home-loan interest can be set against salary. Capped at Rs 2 lakh in the old regime, and disallowed entirely in the new regime.In the old regime you may deduct home-loan interest, capped at Rs 2 lakh for a self-occupied property, with the set-off against other income capped at Rs 2 lakh a year. In the new regime, which is the default, there is no set-off at all.

Form 15CB requirement threshold

Right now: Rs 5,00,000 in the financial year, where the remittance is chargeable to tax

Where it works differently

The remittance is not chargeable to tax
Part D of Form 15CA only. No 15CB.
Rule 37BB structure.
The remittance falls in the specified exempt list
No Form 15CA at all.
Rule 37BB(3) specified list.

Commonly got wrong

  • Every outward remittance needs Form 15CB. Only where chargeable to tax and above Rs 5 lakh in the year.Form 15CB is needed only where the remittance is chargeable to tax AND exceeds Rs 5 lakh in the financial year. Otherwise Part D of Form 15CA is enough.

TDS on rent paid to an NRI landlord

Right now: 30% plus surcharge and cess under s.195

Where it works differently

The tenant applies s.194-I (10%) or s.194-IB (5%)
Wrong section. Both are resident-payee provisions; rent to a non-resident falls under s.195.
The tenant becomes an assessee-in-default under s.201 for the shortfall.
There is no threshold
s.195 has no minimum. Even Rs 8,000 a month of rent attracts deduction.
Unlike 194-I (Rs 2.4 lakh) and 194-IB (Rs 50,000 a month).
The landlord obtains a Form 13 certificate
The AO can certify a much lower rate reflecting the 30% standard deduction and interest, often into single digits.
s.197. This is the standard fix for NRI landlords.
The tenant is an individual with no TAN
They must still obtain a TAN to deduct under s.195. This is the practical reason NRI landlords lose tenants.
s.203A.

Commonly got wrong

  • Tenants deduct 10% TDS on rent under s.194-I. That applies to resident landlords. For an NRI landlord the section is 195 at 30% plus surcharge and cess.If your landlord is an NRI you deduct under section 195 at 30% plus surcharge and cess, you need a TAN, and there is no minimum threshold. The landlord can lower it with a Form 13 certificate.

Danish tax on the Indian flat you keep for visits?

Send us the deed and the year you bought. A practising CA fixes the purchase price and transfer date the Danish calculation runs on, free and with no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.