Skip to content
Got a notice? Emergency response

Thailand NRIs · Rental Income Tax

Rental income tax for NRIs in Thailand

Renting out Indian property from Thailand means your tenant must deduct tax on the gross rent. Set it up right and reclaim the heavy over-deduction.

When you rent out Indian property while living in Thailand, the rent is taxed in India. Under the India-Thailand treaty, income from immovable property is taxable where the property sits, so the rate doesn't drop for living abroad. Because you're a non-resident landlord, your tenant is legally required to deduct tax at source on the rent under Section 393(2) (Section 195 until 31 March 2026), at the 31.2% non-resident rate on the gross rent, not under the lighter resident-landlord rule. That deduction is heavier than your actual tax, because you get a 30% standard deduction when you file, so most of the gap comes back as a refund.
Request a free CA call

India-Thailand key facts: rental income tax

Default non-resident TDS rate31.2%
What the treaty changes hereIt sets no lower rate on this income. What a treaty decides here is which country gets to tax it.
Treaty article / basisIndian rental taxed in India; Thai-taxable on remittance under post-2024 rule
Your TRC issuing authoritythe Revenue Department

Rates reflect India's domestic withholding under Section 393(2) (Section 195 until 31 March 2026) and the India-Thailand treaty. Surcharge applies on top; the 4% cess is already included in this figure.

How it works on the India side

A tenant paying rent to an NRI landlord must deduct TDS under Section 393(2) (Section 195 until 31 March 2026), the provision for any payment to a non-resident, which means the tenant has to take a TAN, deduct each month on the gross rent, deposit it, file a quarterly Form 144 (the old Form 27Q) against your PAN, and issue you a TDS certificate. The common, costly mistake is the tenant using Section 194-IB, the 2% resident-landlord rule, which doesn't apply to a non-resident landlord and leaves both sides exposed.

The deduction on gross rent is more than you actually owe, because your taxable rental income is much smaller: a flat 30% standard deduction comes off under Section 24(a), and home-loan interest comes off too. When you file your return, the TDS the tenant deposited is set against your real liability and the excess is refunded, but only if the tenant's quarterly statement correctly reports it against your PAN, which is why setting the tenant up right from the start matters. If you'd rather not wait a year for that refund, a lower-deduction certificate on Form 128 under Section 395 (the old Form 13 under Section 197) can cut the monthly deduction at source instead.

What changes because you live in Thailand

Two things have to be true before Thailand taxes this Indian income: you were there 180 days or more in the calendar year you earned it, and you then bring the money in. Leave it sitting in India and it stays outside the Thai net. Anything earned before 1 January 2024, or in a year you were under 180 days, is out for good (Revenue Department orders Por. 161/2566 and Por. 162/2566). The catch is that it cuts both ways. Your credit for the Indian tax exists only because of the treaty, and it is capped at the Thai tax on that same income, so anything above the cap is wasted. If you never remit, or you hold an LTR visa as a Wealthy Global Citizen, Wealthy Pensioner or Work-from-Thailand Professional whose remitted foreign income is exempt under Royal Decree No. 743, there is no Thai bill to credit it against at all, so over-withheld Indian tax is money you can only get back in India.

Frequently asked questions

Common questions from Thailand NRIs

Under Section 393(2), the successor to Section 195, because you're a non-resident landlord. The tenant has to take a TAN, deduct on the gross rent at the 31.2% non-resident rate, deposit it, file a quarterly Form 144 (the old Form 27Q) against your PAN and give you the TDS certificate. Section 194-IB, the 2% rule most tenants know (it was 5% until 1 October 2024), applies only to resident landlords and is the wrong provision for a non-resident.

Yes. The deduction is on the gross rent, but your taxable rental income is much smaller, because you get a flat 30% standard deduction under Section 24(a) plus any home-loan interest before tax is computed. The over-deducted amount comes back as a refund when you file your Indian return, provided the tenant's quarterly statement correctly reports the TDS against your PAN. Thailand NRIs who don't want to wait for that refund apply for a Form 128 certificate instead.

No. Income from immovable property is taxable where the property sits, so Indian rent stays taxable in India regardless of where you live. The rent normally isn't charged in Thailand, so India's tax is all you pay on it. The note below carries any exception. The treaty stops double taxation. The saving comes from the 30% standard deduction and reclaiming the over-deducted TDS, not from a lower treaty rate.

Go further

Read the full guide, or see your country's complete picture

NRI landlord: setting your tenant up for Section 195 TDSThailand NRI tax guide: every income type and the rates that apply

Rental Income Tax sorted, by an Indian CA who works with Thailand NRIs

Tell us your situation and a practising Chartered Accountant will confirm the rate that applies, the paperwork you need, and what you can reclaim, on a free call with no obligation.

Request a free CA call

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