Moving to Mumbai, the city of dreams, is always exciting! But before you start unpacking boxes, there’s one essential task to check off your list—a rent agreement. Whether you’re a tenant or a landlord, creating a proper rent agreement is vital to avoid future misunderstandings and ensure legal protection. The good news? Making a rent […]
The death of a parent is a deeply emotional experience, and the added responsibility of managing their estate can feel overwhelming. One common concern is: what happens to the property when parents pass away in India? Understanding the process within the Indian legal framework can ease the burden and help you handle the situation with […]
What is an E-Khata? As digitalization has advanced, the traditional paper-based Khata process has been complemented by an online option known as E-Khata. Here’s an overview of what E-Khata is and how it’s transforming property documentation: Definition of E-Khata: E-Khata is an electronic version of the traditional Khata certificate, introduced by the BBMP in Bengaluru […]
India’s real estate market is vast and diverse, with certain cities standing out for real estate investment due to their growth potential, infrastructure development, and economic opportunities. Here are some of the best cities for real estate investment in India: 1. Bangalore Why Invest: Known as the “Silicon Valley of India,” Bangalore is a hub […]
A visual representation showing two timelines for property holding periods: one for less than 2 years (short-term) and one for more than 2 years (long-term). The short-term column shows “30% tax” and the long-term column shows “20% tax with indexation benefits.” Use an illustration of real estate, tax forms, and money calculations. Understanding Capital Gains Tax: 1. Short-Term Capital Gains (STCG): Definition: If the property is held for less than two years before the sale, it is considered a short-term capital asset. […]
When renting a property in India, tenants must be aware of the Tax Deducted at Source (TDS) rules, especially if the property is owned by a Non-Resident Indian (NRI). Here’s a comprehensive guide to help you understand these rules: What is TDS? TDS is a means of collecting income tax in India, where the payer (in this case, the tenant) deducts a certain percentage of the payment and remits it to the government on behalf of the payee (the NRI landlord). TDS Rate for NRI-Owned Properties: For properties owned by NRIs, the TDS rate is 31.2%. This rate applies regardless of the amount of rent paid. Steps to Deduct TDS Calculate the TDS Amount: Determine the amount of rent payable and calculate 31.2% of this amount to find the TDS. Deduct TDS: Deduct the calculated TDS amount from the rent payment. Deposit TDS: Deposit the deducted TDS with the Income Tax Department within the specified time frame (usually within 30 days of the deduction). Filing Form 15CA: After deducting TDS, the tenant must file Form 15CA online with the Income Tax Department. This form provides details of the payment made to the NRI landlord and the TDS deducted. Providing TDS Certificate to the Landlord: The tenant must provide the landlord with a TDS certificate (Form 16A) within 15 days of making the TDS payment. This certificate states the amount of rent paid and the TDS deducted. Exemptions and Lower TDS Rates: In certain cases, the tenant may be eligible for a lower TDS rate or exemption from TDS. For example, if the annual rent is below a certain threshold, a lower TDS rate may apply1. Additionally, NRIs can claim exemptions on rental income if they have a certificate under Section 197 stating their income is below the exemption limit2. They can also benefit from the Double Tax Avoidance Agreement (DTAA) if they reside in a country that has this agreement with India3. Penalties for Non-Compliance: Failure to deduct TDS or deposit it with the Income Tax Department can result in penalties. It’s crucial to comply with the TDS rules to avoid any legal consequences. Frequently Asked Questions (FAQs) Q: Is TDS mandatory for all rental payments to NRIs? A: Yes, TDS is mandatory for all rental payments to NRIs, irrespective of the amount. Q: What happens if the tenant fails to deduct TDS? A: The tenant may face penalties for non-compliance with TDS rules. Q: Can the tenant claim the TDS amount as a deduction? A: No, the tenant cannot claim the TDS amount as a deduction. The TDS is a tax collected on behalf of the NRI landlord. By understanding and following these rules, tenants can ensure compliance with TDS regulations when renting properties owned by NRIs. If you have any specific questions or need further assistance, feel free to ask! If you want to use services of a CA, send a request via https://MostlyNRI.com
