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Dealing with an NRI

Paying rent to an NRI landlord: what the tenant must deduct

You have learned your landlord is non-resident and need to correct the rent setup before another payment goes out.

A tenant may know the 2% resident-landlord rule and assume it covers every lease. It does not cover a payment to an NRI landlord. The tenant becomes the deductor, with a monthly payment, deposit and quarterly reporting job.
Last reviewed: 21 September 20267 min readReviewed by Preetesh Maloo, CA

The short answer

Deduct rent paid to an NRI landlord under Section 393(2), formerly Section 195, from the first rupee, not at 2% under Section 194-IB. You need a TAN, deposit the tax by the 7th of the next month, file quarterly Form 144, formerly Form 27Q, and give the landlord Form 131, formerly Form 16A.

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The section that applies, and the one that does not

Your landlord's status decides the route. Section 194-IB is for rent paid to a resident landlord. A payment to an NRI landlord falls under Section 393(2), formerly Section 195, with no threshold.

LandlordSectionRateTAN and filing
ResidentSection 194-IB2% (since 1 October 2024) where that section appliesNo TAN; resident-landlord process
NRISection 393(2), formerly 195Rate in force, normally 30% plus cess for an individual; surcharge where applicableTAN; Form 144, formerly Form 27Q; Form 131, formerly Form 16A

Do not use the 5% rule because it is easier. It is not the provision for an NRI landlord.

Your monthly routine

Before paying each month's rent, deduct at the applicable rate and pay the landlord the balance. Deposit the tax by the 7th of the following month, 30 April for March. At quarter end, report the deductions in Form 144, formerly Form 27Q, and issue Form 131, formerly Form 16A, to the landlord.

Ask for the landlord's PAN and non-resident status, retain the lease and bank proofs, and reconcile the rent, tax and net credit each month. The landlord needs the reported TDS credit for their return.

A lower-deduction certificate changes the rate

The landlord may receive a certificate under Section 395, formerly Section 197, on Form 128, formerly Form 13. It can specify a lower rate or nil deduction for payments it covers.

Use the certificate only after receiving it and only within its terms and period. It is the landlord's application, but your payment record has to follow the rate it authorises. Without it, deduct at the rate in force on gross rent.

The Form 145 and Form 146 question

Form 145, formerly Form 15CA, is the pre-remittance information form under Rule 220, formerly Rule 37BB. Its published instructions describe a remittance to a non-resident: Part A applies up to Rs 5 lakh in the year, Part B above Rs 5 lakh where an assessing-officer certificate exists, Part C above Rs 5 lakh with Form 146, formerly Form 15CB, and Part D for a non-taxable payment.

Rent credited to an NRO account in India is a genuine grey area because it is an Indian-account credit, not clearly an outward remittance. The official form material does not settle that point. Ask the bank and your CA before filing or omitting Form 145; do not assume an NRO credit answers it either way.

A worked example: Arjun in Delhi

Arjun in Delhi pays Rs 60,000 rent each month to an NRI landlord. At 30% plus 4% cess, 31.2% in all, he deducts Rs 18,720, deposits it by the 7th of the next month and pays Rs 41,280 to the landlord. Over one quarter, rent is Rs 1.80 lakh, TDS is Rs 56,160 and net rent is Rs 1,23,840, which he reports in Form 144.

The landlord later gives Arjun a valid certificate at 10%. He then deducts Rs 6,000 each month, deposits Rs 18,000 over the quarter and pays Rs 1.62 lakh net for the quarter. The certificate changes future payments it covers; it does not rewrite earlier deductions.

Two mistakes that stay with the tenant

First, deducting 2% under Section 194-IB does not satisfy the NRI-landlord rule. The tenant must correct the Section 195 reporting and make up any short deduction with applicable interest.

Second, deducting tax but never depositing it leaves the tenant in default. Section 201 and Section 201(1A) provide for the tax and interest. A company tenant follows the same section, but usually already has a TAN and an established TDS process; the lease should also say clearly whether rent is quoted before or after TDS.

What's involved

What the CA actually does

  1. 1

    Set up your TAN and deduction calendar

    We turn the lease start date and rent into a monthly deduction and deposit schedule.

  2. 2

    Check the landlord's certificate

    We check the rate, dates and payments covered by Form 128, formerly Form 13, before it is used.

  3. 3

    Prepare the quarterly return and certificate

    We reconcile rent payments to Form 144, formerly Form 27Q, and the landlord's Form 131.

  4. 4

    Resolve a wrong-section or missed-deposit gap

    We identify the short deduction, interest period, corrective return and documents needed to regularise it.

What to have ready

Documents you'll typically need

  • Signed lease and monthly rent schedule
  • Landlord PAN and proof of non-resident status
  • Tenant TAN
  • Form 128, formerly Form 13, if issued
  • Rent bank statements, TDS challans and prior returns

References on this page

  • Section 195 of the Income-tax Act, 1961 / Section 393(2) of the Income-tax Act, 2025, Income Tax Department
  • Section 194-IB, Income-tax Act, 1961 / Section 393(1), Income-tax Act, 2025, Income Tax Department
  • Income-tax Rules 2026: Forms 144, 131, 145 and 146, Rule 220, CBDT Notification 22/2026
  • Sections 201 and 201(1A), Income-tax Act, 1961, Income Tax Department
  • Form 145 user manual and Form 146 user manual, Income Tax Department

Frequently asked questions

Common questions

Yes. The NRI-landlord payment rule has no threshold. Section 194-IB's resident-landlord threshold does not change it.

For an individual NRI landlord, the rate in force is normally 30% plus cess, with surcharge where applicable. A valid lower-deduction certificate can specify a different rate.

Yes. A tenant deducting under Section 195, now Section 393(2), needs a TAN. The 1 October property-specific TAN relief does not apply to rent.

For FY 2026-27, it is Form 144, formerly Form 27Q. Give the landlord Form 131, formerly Form 16A, after reporting.

The official materials describe outward remittances, while NRO-account rent is an unresolved application point. Confirm the bank's position and take advice on the facts rather than treating it as settled.

The section is the same: Section 393(2), formerly Section 195. A company normally uses its existing TAN and TDS process, but still needs the landlord's status, rate and reporting right.

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.

TDS on rent paid to an NRI landlord

Right now: 30% plus surcharge and cess under s.195

Where it works differently

The tenant applies s.194-I (10%) or s.194-IB (2% since 1 October 2024)
Wrong section. Both are resident-payee provisions; rent to a non-resident falls under s.195.
The tenant becomes an assessee-in-default under s.201 for the shortfall.
There is no threshold
s.195 has no minimum. Even Rs 8,000 a month of rent attracts deduction.
Unlike 194-I (Rs 2.4 lakh) and 194-IB (Rs 50,000 a month).
The landlord obtains a Form 13 certificate
The AO can certify a much lower rate reflecting the 30% standard deduction and interest, often into single digits.
s.197. This is the standard fix for NRI landlords.
The tenant is an individual with no TAN
They must still obtain a TAN to deduct under s.195. This is the practical reason NRI landlords lose tenants.
s.203A.

Commonly got wrong

  • Tenants deduct 10% TDS on rent under s.194-I. That applies to resident landlords. For an NRI landlord the section is 195 at 30% plus surcharge and cess.If your landlord is an NRI you deduct under section 195 at 30% plus surcharge and cess, you need a TAN, and there is no minimum threshold. The landlord can lower it with a Form 13 certificate.

Health and education cess

Right now: 4% health and education cess

Commonly got wrong

  • 3% cess. Stale since AY 2019-20.Health and education cess is 4% on tax plus surcharge, from AY 2019-20 onward.

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.

Has your landlord told you they are an NRI?

Send the lease, monthly rent, landlord PAN and any lower-deduction certificate. We will set out your deduction, deposit and quarterly return steps.

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