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Property, Rental

Rent you finally recovered: unrealised rent and arrears, and the tax

A tenant who owed you rent has finally paid, or arrears have come through, and you are unsure when and how it is taxed.

A tenant fell behind, or a rent revision was settled late, and now, sometimes years later and after you have moved abroad or even sold the property, the unpaid rent or the arrears have finally come to you. You did not pay tax on it when it was due because you never received it, so the question is whether it is taxed now, in the year it arrives, and how. The law has a specific rule for exactly this, and it is more straightforward than the delay suggests.
Last reviewed: 26 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

Rent you could not collect earlier, or arrears recovered later, is taxed as income from house property in the year you actually receive it, whether or not you still own the property that year (Section 25A), and you get a flat 30% standard deduction on that amount. For an NRI, it is taxed as your Indian house-property income of the year of receipt; if a payer in India remits it to you, TDS applies under Section 195, and repatriating it from an NRO account goes through the 15CA and 15CB route.

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It is taxed when you receive it, not when it was due

Because you never received the rent when it fell due, it was not taxed then. The law catches it on receipt instead: arrears of rent and unrealised rent that you recover later are deemed to be your income from house property in the year you actually receive them (Section 25A). So a payment that clears years after the tenancy is taxed in the year it lands, not the year it originally related to.

A notable feature is that this holds whether or not you still own the property that year. So even if you have since sold the flat or moved abroad, recovering old unpaid rent on it is still taxable as house-property income in your hands in the year of recovery. The charge follows the recovery, not the ownership.

The 30% deduction, and the NRI mechanics

The recovered amount is not taxed in full. Section 25A allows a flat 30% standard deduction on the arrears or unrealised rent recovered, mirroring the standard deduction on ordinary rent, so only 70% of what you recover is taxable. That keeps the tax on a lump-sum recovery reasonable.

For an NRI, this is Indian house-property income of the year of receipt, reported on your return like any other Indian income. If the payer is in India and remits the amount to you, the payment to a non-resident attracts TDS under Section 195, which you reconcile on your return. And moving the recovered rent out of India, from your NRO account, goes through the usual Form 15CA and 15CB route once the tax position is clear. A practising CA reports the recovery in the right year, applies the 30% deduction, and handles the TDS and the repatriation.

What's involved

What the CA actually does

  1. 1

    We tax it in the right year

    We report the recovered arrears or unrealised rent as house-property income in the year you actually received it, not the year it was originally due.

  2. 2

    We apply the 30% deduction

    We apply the flat 30% standard deduction on the recovered amount, so only the net is taxed.

  3. 3

    We handle it even after a sale

    Where you have since sold the property or moved abroad, we still report the recovery correctly, because it is taxable regardless of current ownership.

  4. 4

    We manage the TDS and repatriation

    We reconcile any Section 195 TDS on the remittance and handle the 15CA and 15CB to move the recovered rent out of India.

What to have ready

Documents you'll typically need

  • Records of the unpaid or arrears rent and when it was recovered
  • The original tenancy and any settlement
  • Any TDS deducted on the payment to you
  • Your NRO account details, for repatriation

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

  • Section 25A: unrealised rent and arrears recovered are taxed in the year of receipt as house-property income
  • Taxable whether or not you still own the property that year
  • A 30% standard deduction is allowed on the recovered arrears or unrealised rent
  • Section 195 on a remittance to a non-resident; Form 15CA / 15CB for repatriation from an NRO account

Frequently asked questions

Common questions

In the year you actually receive it, not the year it was originally due. Unrealised rent and arrears recovered later are taxed as house-property income in the year of receipt under Section 25A, with a 30% standard deduction on the amount.

Yes. Section 25A taxes recovered arrears and unrealised rent whether or not you still own the property that year, so even after a sale or a move abroad, recovering old rent is taxable house-property income in the year of recovery.

No. A flat 30% standard deduction is allowed on the recovered arrears or unrealised rent, so only 70% is taxable, mirroring the deduction on ordinary rent.

If a payer in India remits it to you as a non-resident, TDS applies under Section 195, which you reconcile on your return. Moving the recovered rent out from your NRO account goes through the Form 15CA and 15CB route once the tax is settled.

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.

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.

Recovered rent a tenant never paid?

Tell us what came in and when. A practising CA will tax it in the right year with the 30% deduction on a free call, no obligation.

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