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Property, Rental

Claiming home-loan interest on your Indian property as an NRI

You get the same deductions a resident does, but only if you pick the right tax regime. The default one quietly takes them away.

You are an NRI who owns a property in India with a home loan, let out or lying vacant, and you want to claim the interest, the way a resident does. You can, but there is a catch that costs people the deduction without them noticing: the new tax regime, which is now the default, blocks home-loan interest on a self-occupied house and removes the principal deduction too. Whether you get the benefit depends on choosing the right regime and knowing how the let-out rules work. Here is how it fits together for an NRI.
Last reviewed: 26 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

An NRI claims home-loan deductions exactly like a resident. Under the old tax regime you deduct interest under Section 24(b), capped at ₹2 lakh a year for a self-occupied house and uncapped against the rent for a let-out one, plus principal repayment up to ₹1.5 lakh under Section 80C. The trap is the new regime, which is now the default: it gives no interest deduction on a self-occupied house and no Section 80C at all. For a let-out property the new regime still lets you deduct the interest against the rent, but any resulting loss cannot be set off against your other income that year. So an NRI who wants the ₹2 lakh self-occupied interest and the ₹1.5 lakh principal deduction must actively opt for the old regime. Pre-construction interest is claimed in five equal yearly instalments once the property is ready.

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The deductions, and why the regime decides everything

An NRI who owns Indian property with a home loan gets the same deductions as a resident, they are not restricted by your residency. Under the old tax regime there are two. Interest on the loan is deductible under Section 24(b): if the house is treated as self-occupied the deduction is capped at ₹2 lakh a year, and if it is let out the full interest is deductible against the rent, with no cap on the interest itself. Separately, the principal you repay is deductible under Section 80C up to ₹1.5 lakh a year, though if you sell the house within five years of the end of the year you took possession, the principal deductions you claimed are added back to your income.

The catch is the new tax regime, which has been the default since the 2024-25 assessment year. Under it, a self-occupied house gets no Section 24(b) interest deduction at all, and Section 80C is not available, so both the ₹2 lakh interest and the ₹1.5 lakh principal simply vanish. Since the default is now the new regime, an NRI who wants those deductions has to actively opt for the old regime when filing. That single choice is worth up to ₹3.5 lakh of deductions, and it is the thing most people miss.

The let-out case, and pre-construction interest

For a let-out property the picture is better under the new regime but still limited, and the detail matters. The interest is deductible against the rental income even under the new regime. What changes is what happens if the interest is larger than the rent, leaving a loss under house property. Under the old regime you can set that loss off against your other income up to ₹2 lakh a year, under Section 71, and carry any balance forward for up to eight years against future house-property income. Under the new regime that loss cannot be set off against your other income at all in that year. It is worth being precise here, because it is often overstated: the let-out loss can still be carried forward against future house-property income, what you lose under the new regime is only the ability to set it off against your other income now.

One more piece often forgotten. Interest you paid while the property was under construction, before you got possession, is not lost. It is deductible in five equal annual instalments starting the year construction completes, and for a self-occupied house it counts within the same ₹2 lakh cap. For an NRI with a let-out flat that took years to build, that pre-construction interest can be significant. A practising CA works out which regime leaves you better off, claims the interest and principal correctly, and makes sure the pre-construction interest and any carried-forward loss are not left on the table.

What's involved

What the CA actually does

  1. 1

    We pick the regime

    We compare the old and new regimes for your property and income, and file under the one that leaves you better off.

  2. 2

    We claim the interest

    We get your Section 24(b) interest deducted correctly, capped for self-occupied, in full against rent for let-out.

  3. 3

    We handle the loss

    We set off or carry forward any house-property loss correctly, so nothing is wasted.

  4. 4

    We recover pre-construction interest

    We claim the interest from your under-construction years in the five instalments you are entitled to.

What to have ready

Documents you'll typically need

  • Your home loan interest and principal certificate for the year
  • Whether the property is self-occupied, let out or vacant
  • The rent received, if let out
  • The date you took possession, and any pre-construction interest

Your destination country can change the details

Requirements differ from one consulate, university and visa route to the next, how recent the figures must be, how long funds must have been held, and which certificates are mandatory. We assemble the documents around the exact checklist you're applying under. To see how India's tax treaty with your country of residence affects related filings, set your country below or compare all 46 countries.

References on this page

  • Under the old regime, Section 24(b) interest is capped at ₹2 lakh for a self-occupied house, uncapped against rent for a let-out one; Section 80C gives principal up to ₹1.5 lakh
  • The new default regime gives no interest deduction on a self-occupied house and no Section 80C
  • Under the new regime a let-out property's interest is still deductible against rent, but the resulting loss cannot be set off against other income
  • Pre-construction interest is deductible in five equal annual instalments from the year the property is completed

Frequently asked questions

Common questions

Yes, exactly like a resident. Under the old regime you deduct interest under Section 24(b), up to ₹2 lakh for a self-occupied house or in full against rent for a let-out one, plus principal up to ₹1.5 lakh under Section 80C. The deductions are not restricted by your NRI status.

Almost certainly because you were on the new tax regime, which is now the default. It gives no interest deduction on a self-occupied house and no Section 80C. To get those deductions back you must actively opt for the old regime when you file.

Yes, the interest is deductible against the rent even under the new regime. But if the interest exceeds the rent and leaves a loss, that loss cannot be set off against your other income that year. It can still be carried forward against future house-property income.

No. Pre-construction interest is deductible in five equal annual instalments starting the year the property is completed. For a self-occupied house it counts within the ₹2 lakh cap. It is easy to forget, so make sure it is claimed.

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.

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.

Home-loan interest deduction cap

Right now: Rs 2,00,000 for a self-occupied property (old regime)

Where it works differently

The property is let out
Full interest is deductible against rent, but the resulting loss set off against other heads is capped at Rs 2 lakh a year, with an 8-year carry-forward.
s.71(3A), from AY 2018-19.
The new regime applies
No set-off of house-property loss against other income at all, in either case.
s.115BAC restriction. NRIs sit in the new regime by default.
The property is under construction
Pre-construction interest is deductible in five equal instalments from the year of completion, within the same cap.
Proviso to s.24(b).

Commonly got wrong

  • An NRI can set full home-loan interest against Indian rental income and salary. Capped at Rs 2 lakh of set-off against other heads in the old regime, and disallowed in the new regime, which is the default.Name the regime first. Old regime: Rs 2 lakh cap on the loss set off against other income, with an 8-year carry-forward. New regime, which is the default: no set-off at all.

Primary residence test: days in India

Right now: 182 days

Where it works differently

The person is an Indian citizen leaving India for employment abroad, or as a crew member of an Indian ship
Only the 182-day test applies. The 60-day secondary test is disabled.
Explanation 1(a) to s.6(1)
Counting days
The day of arrival AND the day of departure both count as days in India.
Settled administrative practice; partial days count as whole days.
The financial year straddles a move
Residence is decided for the WHOLE financial year, not from the date of the move. India has no split-year concept, unlike the UK.
s.6 is a full-year test.

Commonly got wrong

  • You become an NRI the day you leave India. True for FEMA, false for income tax. Under FEMA residence changes on departure with intent; under the Income-tax Act it is a full-year day count.Name which law you mean. Say 'non-resident under FEMA from the day you leave' or 'non-resident for income tax if you are in India under 182 days in that financial year'.
  • India has split-year treatment. It does not. Only the treaty tie-breaker resolves a dual-residence year.Point to Article 4 of the relevant DTAA.

Paying a home loan on your Indian property?

Tell us how it is occupied and your loan details. A practising CA will pick the regime and claim every rupee of interest on a free call, no obligation.

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