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Germany

Indian rental income when you are a German tax resident

You rent out a property in India but live in Germany, and you expect to be taxed twice. On rent, Germany works differently.

You own a property in India that earns rent, and you are a tax resident of Germany. You assume, as with most countries, that Germany taxes the rent too and gives you a credit for the India tax, leaving a top-up. For rental income the India-Germany treaty actually works the other way, and more kindly: Germany exempts the rent and only uses it to set the rate on your German income. Knowing that changes what you owe and what paperwork your German accountant needs.
Last reviewed: 26 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

Your Indian rent is taxed in India, after a flat 30% standard deduction and home-loan interest, with the tenant deducting TDS under Section 195 on the gross rent. In Germany the treaty does not tax the rent and give a credit, as most countries do. Instead it exempts your Indian rental income and uses it only to set the tax rate on your German income, which is called exemption with progression. So Germany does not tax the rent itself; India's tax is the only real tax on it, and the German effect is just a slightly higher rate on your other German income.

References on this page

  • India: house-property income after a flat 30% deduction (Section 24) and interest; TDS on gross rent under Section 195
  • India-Germany treaty Article 6 gives India the first right to tax Indian property income
  • Treaty Article 23 relieves the German resident by exemption with progression, not by credit, for rental income
  • So Germany does not tax the rent; it only raises the rate on the resident's German income

The India side

In India the rent is income from house property. You are taxed after a flat 30% standard deduction under Section 24, which you get whatever you actually spent, and after home-loan interest, with the balance at slab rates. As a non-resident landlord, your tenant must deduct TDS under Section 195 on the gross rent, which over-deducts against your real Indian tax, so you recover the excess by filing an Indian return or reduce it up front with a lower-deduction certificate.

Under the treaty, Article 6 gives India, where the property sits, the first right to tax the rent. That much is like every other country. What differs is what Germany then does, and it is unusually favourable.

Why Germany does not tax the rent

Most countries tax the foreign rent as well and give a credit for the India tax, so a resident pays the higher of the two. Germany does not, for rental income. Under Article 23 of the India-Germany treaty, Germany relieves this income by exemption, not credit, so the Indian rent is exempt from German income tax.

There is one string attached, called exemption with progression. Germany takes the exempt Indian rent into account only to work out the tax rate that applies to your German income, then applies that slightly higher rate to your German income alone, not to the Indian rent. So the rent itself bears no German tax; it just nudges up the rate on everything else you earn in Germany. For most people that progression effect is small, and the practical result is that India's slab tax on the rent is the only real tax you pay on it.

What that means for you

The upshot is simpler and usually cheaper than you feared: get the Indian side right, and there is no separate German tax on the rent to worry about, only a modest rate effect. Germany does compute a shadow figure for the rent on its own rules, actual costs and building depreciation rather than India's flat 30%, but that only feeds the progression rate, not an actual German tax bill.

So the work that matters is the Indian return: claiming the 30% deduction and interest, recovering the over-deducted TDS, and having a clean record of the Indian tax and the rental figure for your German accountant to slot into the progression calculation. A practising CA files the Indian side, reclaims the TDS, and gives your German accountant the exempt-income figure they need, so nothing is double-counted and nothing is missed.

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What's involved

What the CA actually does

  1. 1

    We file the Indian return

    We compute the rent after the 30% deduction and interest and file to recover the gross-basis TDS the tenant deducted under Section 195.

  2. 2

    We cut the over-deduction

    We get a lower-deduction certificate where the cash tie-up matters, so the tenant withholds closer to your real Indian tax.

  3. 3

    We give your German accountant the figure

    We hand over the exempt Indian rental income and the India tax paid, so the progression calculation on your German return is right.

  4. 4

    We keep it from being double-counted

    We make sure the rent is treated as exempt-with-progression in Germany, not wrongly taxed again with a credit.

What to have ready

Documents you'll typically need

  • The Indian rental income and any home-loan interest
  • The TDS the tenant deducted (Form 16A)
  • Your other German income, for the progression rate
  • Your PAN and German tax details

Frequently asked questions

Common questions

Indian rent and a German tax return?

Send us the rent and the TDS. A practising CA will file the Indian side and give your German accountant the exempt-income figure on a free call, no obligation.

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