Skip to content
Got a notice? Emergency response →

Property — Sale

When the government acquires your Indian land, and whether the compensation is taxed

Your Indian land was taken for a road, a metro or a project, and you are unsure whether the compensation you received is taxable.

The government or an authority has compulsorily acquired your Indian land for a public project, a highway, a metro line, an industrial corridor, and paid you compensation, or is about to. From abroad, you do not know whether that money is taxed as a capital gain, whether tax will be withheld from it, and what to do about the interest that often comes with delayed or enhanced compensation. The good news is that a lot of acquisition compensation is exempt, but the exemption depends on which law the land was taken under.
Last reviewed: 26 July 20268 min readReviewed by Preetesh Maloo, CA

The short answer

Compensation for land acquired under the 2013 fair-compensation law, the RFCTLARR Act, is exempt from income tax, and this covers any land, not only agricultural, confirmed by a CBDT circular. Separately, capital gains on the compulsory acquisition of urban agricultural land are exempt under Section 10(37) if the land was used for agriculture for the two years before and the compensation was received on or after 1 April 2004, while rural agricultural land is not a capital asset at all. The resident TDS rule for acquisition compensation, Section 194LA, never applies to a non-resident, so where a component is taxable the deductor uses Section 195, and where the RFCTLARR exemption applies, no TDS is due. Watch the interest on delayed or enhanced compensation, which is usually taxable even when the compensation itself is exempt.

References on this page

  • Section 96, RFCTLARR Act 2013: compensation under the Act is exempt from income tax, for any land
  • CBDT Circular 36/2016: the RFCTLARR exemption applies even to non-agricultural land
  • Section 10(37): capital gains on compulsory acquisition of urban agricultural land exempt on conditions
  • Section 194LA is resident-only; an NRI's TDS on any taxable component is under Section 195

The broad exemption: land taken under the 2013 law

The widest relief comes from the land-acquisition law itself. Section 96 of the RFCTLARR Act 2013, the Right to Fair Compensation and Transparency in Land Acquisition Act, provides that no income tax is levied on an award or agreement made under that Act (Section 96). Crucially, this exemption is not limited to agricultural land: any land acquired under the Act, residential, commercial or industrial, gets it, a point the CBDT confirmed in a circular so that assessing officers could not tax non-agricultural acquisition compensation.

So the first question on your acquisition is which law the land was taken under. If it was acquired under the RFCTLARR Act, the compensation is exempt regardless of the type of land. The one caution is that acquisitions under some other special statutes may not automatically carry this exemption, so the acquiring law has to be checked, which is where a CA starts.

The agricultural-land exemption

Even outside the RFCTLARR route, agricultural land has its own protection. Rural agricultural land is not a capital asset in the first place (Section 2(14)), so its acquisition produces no capital gain to tax. Urban agricultural land is a capital asset, but the capital gain on its compulsory acquisition is exempt under Section 10(37) if the conditions are met: the land was used for agriculture for the two years immediately before, and the compensation was received on or after 1 April 2004.

So an NRI whose farmland is acquired is often not taxed on the gain, either because the land was rural and outside the capital-asset net, or because the Section 10(37) conditions are satisfied. Between the RFCTLARR exemption and the agricultural exemptions, most genuine acquisition compensation on land held and used properly is exempt, and a practising CA maps which exemption applies to your specific acquisition.

The TDS, and the interest trap

On withholding, the rule NRIs must know is that the resident acquisition-TDS provision, Section 194LA, does not apply to a non-resident at all, it is written only for payments to residents. So a deductor cannot use 194LA on your compensation. Where the compensation is exempt, under RFCTLARR or Section 10(37), no TDS is due at all, because there is no taxable income. Where some component is genuinely taxable, the deductor uses Section 195, and you reduce or recover it in the usual way.

The trap is the interest. Compulsory acquisitions are often paid late, or the compensation is enhanced on appeal, and the interest on delayed or enhanced compensation is usually taxable even when the compensation itself is exempt. So a payout can be part-exempt, the principal compensation, and part-taxable, the interest, and it is easy to treat the whole thing as tax-free by mistake. A practising CA separates the exempt compensation from the taxable interest, applies the right exemption, and handles any Section 195 withholding so the position is correct.

Want a senior CA to handle this for you — start to finish?

We act for you before the tax office (Section 288) — you stay abroad, no India trip needed.

Senior CA who specialises in NRI tax · we deal with the tax officer, you don't

What's involved

What the CA actually does

  1. 1

    We check which law applied

    We establish whether the land was acquired under the RFCTLARR Act, which exempts any land, and confirm the exemption for your specific acquisition.

  2. 2

    We apply the agricultural exemptions

    Where the land is rural or urban agricultural, we apply the right exemption, rural land being outside the capital-asset net and Section 10(37) sheltering qualifying urban farmland.

  3. 3

    We separate the taxable interest

    We split the exempt compensation from the interest on delayed or enhanced compensation, which is usually taxable, so nothing is missed or over-taxed.

  4. 4

    We handle the TDS and the return

    We make sure no wrong 194LA deduction sticks to you, manage any Section 195 on a taxable component, and carry it into your return.

What to have ready

Documents you'll typically need

  • The acquisition award or agreement and the law it was made under
  • The compensation and interest breakup
  • The land records showing use and classification
  • Any TDS deducted on the compensation

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 31 countries.

Frequently asked questions

Common questions

Your Indian land was acquired for a project?

Send us the award and the law it was under. A practising CA will confirm what is exempt on a free call, no obligation.

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