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Property — Rental

Letting your Indian house to family below market rent

Charging a relative little or no rent does not cap the tax at that low figure, the expected market rent can still be taxed.

You own a house in India and let a family member live in it, at a low rent or none at all, while you are abroad. It feels like there should be little tax, since you receive little. But the tax law does not tax you on the low rent you charged; it can tax you on the rent the property could reasonably fetch. And letting the house to a relative, even at nil rent, can also cost you the tax-free treatment you would get for a house kept for your own use. Here is the notional-rent trap for an NRI who lets a home to family.
Last reviewed: 26 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

The tax on a let property is not based only on the rent you actually charge; the annual value is the higher of the actual rent and the rent the property might reasonably be expected to fetch. So if you let your Indian house to a relative at a nil or below-market rent, the tax office can tax you on the expected market rent, not the low figure you charged. And because the house is let, it does not get the nil-value treatment that up to two houses kept for your own use enjoy, so a genuinely self-occupied house is treated better than one let cheaply to family. For an NRI, the relative paying any rent must deduct TDS under Section 195.

References on this page

  • The annual value is the higher of the actual rent and the reasonably expected rent (Section 23(1))
  • So letting to a relative at a low or nil rent can still be taxed on the expected market rent, not the low figure
  • A house let to a relative, even at nil rent, does not get the nil-value treatment of an own-use house (Section 23(2))
  • For an NRI, a relative-tenant paying any rent must deduct TDS under Section 195

You are taxed on the expected rent, not the low one

The key rule is that the tax on a let-out property is based on its annual value, and under Section 23(1) the annual value is the higher of two figures: the rent you actually receive, and the sum the property might reasonably be expected to let for, its fair or expected rent, often benchmarked to the municipal or standard rent. Where the actual rent is higher, that is used; where it is lower, the expected rent is used.

So letting your house to a relative at a nil or nominal rent does not cap your tax at that low figure. Because the actual rent falls below what the property could fetch, the annual value reverts to the expected market rent, and you are taxed on that, less the 30% deduction. In other words, a below-market family let is taxed roughly as if you had let it at the going rate. A very large deposit taken to justify a low rent does not help either; the officer can still fix a fair rent from comparable properties.

It also costs you the own-use treatment

There is a second cost that catches people. Up to two Indian houses that you keep for your own use, not let out, can be taken at a nil annual value, so there is no tax on them, and an NRI living abroad can claim this for houses they are not occupying because they live elsewhere. But that nil-value treatment applies only to a house that is not let. The moment you let the house to a relative, even at nil rent, it counts as let, so it loses the nil-value treatment and is taxed on its expected rent instead.

So, counter-intuitively, a house genuinely kept for your family's own use, with no letting arrangement and no rent, can be treated better, potentially nil, than the same house formally let to a relative cheaply. The distinction between your family simply occupying a house you keep for your own use and a formal low-rent letting to a relative genuinely changes the tax. And for an NRI, if the relative does pay any rent, they are paying a non-resident, so they must deduct TDS under Section 195 on it. A practising CA works out the annual value correctly, positions a genuinely own-use house for the nil treatment where it qualifies, and handles the TDS where rent is paid.

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What's involved

What the CA actually does

  1. 1

    We compute the annual value

    We work the annual value as the higher of the actual and the expected rent, so a below-market family let is taxed correctly, not understated.

  2. 2

    We position an own-use house

    Where a house is genuinely kept for your own use rather than let, we position it for the nil-value treatment it can qualify for.

  3. 3

    We defend a fair rent

    Where the officer benchmarks a higher fair rent from comparables, we test and, where possible, contest that valuation.

  4. 4

    We handle the TDS

    Where a relative pays any rent, we make sure the Section 195 TDS is deducted and reconciled correctly.

What to have ready

Documents you'll typically need

  • How the house is occupied and any rent charged
  • The municipal or standard rent, and comparable rents
  • Details of your other Indian houses, for the two-house rule
  • Your PAN and residency details

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

Letting your Indian home to family cheaply?

Tell us how it is occupied. A practising CA will fix the annual value and the nil-use treatment on a free call, no obligation.

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