Tax·8 min read

How Much Tax Do NRIs Actually Pay in India?

There is no single number. "How much tax do NRIs pay in India?" gets answered with a shrug far too often, because the honest reply is that it depends entirely on what kind of Indian income you have. The reassuring part is that the rules are more generous than most non-residents fear — India taxes an NRI only on income sourced in India, not on the salary, business or investments you earn abroad. The trickier part is that different Indian incomes are taxed in very different ways: some at ordinary slab rates, some at flat special rates, and almost all of them with tax deducted at source first. This guide walks through each layer so you can estimate, with reasonable confidence, what an NRI actually pays.

First principle: only Indian income is taxed

Your residential status decides the scope. A resident is taxed on worldwide income; a non-resident is taxed only on income that is received, accrues or arises in India — or is deemed to. In plain terms, if you are an NRI for the year, the salary you earn in Dubai, the dividends from your US brokerage and the rent on your London flat are simply outside India's net. What India can tax is the income with an Indian source, and nothing else.

Taxed in India
Indian-source income
  • Rent from property located in India
  • Capital gains on Indian shares, funds and property
  • Interest on NRO deposits and Indian bonds
  • Salary for services rendered in India
The only income that counts
Outside India's net
Foreign-source income
  • Salary earned and received abroad
  • Interest on NRE and FCNR deposits (specifically exempt)
  • Foreign dividends, rent and business income
  • Gains on assets held outside India
Not taxed here at all
What India can and can't tax

That single distinction resolves most of the anxiety NRIs carry into a tax conversation. Before you worry about rates at all, draw a line around your Indian income — rent, Indian capital gains, NRO interest, any India-earned salary — and set everything else aside. The rest of this guide is only about what falls inside that line.

The slab rates on ordinary income

Once you have isolated your Indian income, the everyday portion of it — rent, NRO interest, India-earned salary, professional fees — is taxed on the same slab table that applies to residents. The new tax regime is now the default, and its slabs were widened with effect from the 2025-26 year. They run like this:

Total income (new regime)Rate
Up to Rs 4,00,000Nil
Rs 4,00,001 – 8,00,0005%
Rs 8,00,001 – 12,00,00010%
Rs 12,00,001 – 16,00,00015%
Rs 16,00,001 – 20,00,00020%
Rs 20,00,001 – 24,00,00025%
Above Rs 24,00,00030%

Two caveats matter for NRIs specifically. First, the basic exemption of Rs 4,00,000 is the same whatever your age — the higher senior-citizen exemptions available to residents do not apply to non-residents. Second, the Section 87A rebate that makes income up to Rs 12,00,000 effectively tax-free for a resident is not available to an NRI. So where a resident earning Rs 8 lakh of ordinary Indian income might pay nothing, an NRI on the same income pays the slab tax in full. The old regime — a Rs 2,50,000 exemption, then 5%, 20% and 30% — is still there if you elect it, but for most NRIs the new regime is the default unless you have large deductions to claim.

Which regime?

If your Indian income leans on deductions — home-loan interest, 80C investments, donations — the old regime can still work out cheaper. If it does not, the wider new-regime slabs usually win. You compare both when you file; the choice is made in your return, not fixed for life.

Where the slabs don't apply: special flat rates

A large share of NRI income never touches the slab table at all. Capital gains and certain windfalls are taxed at their own fixed rates, set by the type of asset — and several of these were reset in mid-2024, so older guides will quote the wrong numbers. These are the rates that apply now:

Income typeRate (2026)
Short-term gains on listed shares / equity funds (Sec 111A)20%
Long-term gains on listed shares / equity funds (Sec 112A)12.5% above Rs 1,25,000 exempt
Long-term gains on property, unlisted shares, other assets12.5%
Short-term gains on property and other assetsSlab rate
Lottery, game-show and betting winnings (Sec 115BB)Flat 30%
Investment income of an NRI from foreign-exchange assets (Sec 115E)20%
The basic-exemption trap

A resident whose other income is below the exemption limit can set the shortfall against their capital gains. An NRI cannot. Your Rs 4,00,000 basic exemption applies to ordinary income only — gains taxed under Sections 111A, 112 and 112A are charged from the first rupee, save for the Rs 1,25,000 equity long-term carve-out.

TDS: the deduction usually exceeds the bill

Here is what surprises most NRIs. On almost every Indian payment, tax is deducted at source before the money reaches you — and for a non-resident that deduction is made under Section 393(2) (formerly Section 195), often at rates far higher than your eventual liability. The tenant, bank or buyer deducts defensively, because the shortfall is their problem if they get it wrong.

Payment to an NRITypical TDSDeducted on
Rent on Indian property~31.2% (30% + cess)The gross rent
Interest on an NRO account~31.2% (30% + cess)The interest paid
Sale of property (long-term)~13% (12.5% + cess)The gross sale price
Sale of property (short-term)~31.2%The gross sale price
Interest on NRE / FCNR depositsNil (exempt)

The gap between what is deducted and what you actually owe can be wide. Because property TDS is levied on the whole sale value rather than your gain, and rent TDS on the gross rent rather than the net-of-30%-deduction figure, the amount withheld routinely dwarfs the final tax. You recover the excess in one of two ways: apply in advance for a lower-deduction certificate — Form 128 (formerly Form 13) under Section 395 (formerly Section 197) — so less is withheld at source, or file your income-tax return afterwards and claim the difference as a refund.

A worked example: rent plus capital gains

Put the layers together with a simple case. Meera is an NRI in the UK. In the 2025-26 year her only Indian income is rent from a Pune flat of Rs 6,00,000, and a long-term gain of Rs 3,00,000 on equity mutual funds she has held for several years. Here is roughly what she owes — and, separately, what was actually deducted.

StepAmount
Gross rentRs 6,00,000
Less 30% standard deduction (Sec 24)Rs 1,80,000
Net taxable rentRs 4,20,000
Slab tax on rent (5% on Rs 20,000 above Rs 4,00,000)Rs 1,000
Long-term equity gainRs 3,00,000
Less exempt LTCGRs 1,25,000
Taxable LTCG at 12.5%Rs 1,75,000 → Rs 21,875
Tax before cessRs 22,875
Add 4% health & education cessRs 915
Total tax payable≈ Rs 23,790

Now compare that with what left her hands during the year. Her tenant deducted TDS on the gross rent at about 31.2% — roughly Rs 1,87,200 — and her fund house deducted tax on the capital gain as well. Against a real liability of about Rs 23,790, well over Rs 1,80,000 was withheld on the rent alone. Meera gets the difference back, but only after she files her return. This is the single most important thing to understand about NRI taxation: the tax deducted is rarely the tax you owe, and the return is where the two are reconciled.

≈ Rs 23,790
Meera's actual tax for the year
~Rs 1,87,200
TDS on her rent alone
1 return
to reclaim the gap

Surcharge and cess sit on top

For higher incomes there is a second storey. A surcharge is added to the tax itself once total income crosses Rs 50 lakh, and a 4% health and education cess is then applied to the whole.

Total incomeSurcharge
Rs 50 lakh – 1 crore10%
Rs 1 crore – 2 crore15%
Rs 2 crore – 5 crore25%
Above Rs 5 crore25% (new regime) / 37% (old)

Two reliefs soften this. Surcharge on capital gains under Sections 111A, 112 and 112A, and on dividends, is capped at 15% however high your income — so a large one-off property gain does not drag the top surcharge rate onto it. And the new regime caps the overall top surcharge at 25% rather than the old regime's 37%. The 4% cess, by contrast, applies to every taxpayer on the sum of tax plus surcharge — it is why the headline 12.5% long-term rate is really about 13% in your hands.

DTAA: not paying twice on the same income

If India taxes your Indian income and your country of residence taxes it too, you would be paying twice on the same rupee. The Double Taxation Avoidance Agreement — a treaty India has with 90-plus countries — exists to prevent exactly that. It works in two broad ways: either an income is taxable in only one of the two countries, or you pay in India and claim a credit for that tax against your home-country bill.

For NRIs the everyday value of a DTAA is a lower rate at source. Many treaties cap the tax on interest, dividends and royalties well below India's domestic rates — treaty rates on interest are often 10 to 15%, against a domestic 30% on NRO interest. To claim the treaty rate you need two documents: a Tax Residency Certificate from your country of residence, and a Form 10F filed on the Indian tax portal. Without them, the payer applies the full domestic rate and you are left claiming the relief back in your return.

Worth the paperwork

On a sizeable NRO interest income, moving from a 30% domestic deduction to a treaty rate can more than halve the tax withheld. Keep your Tax Residency Certificate and Form 10F current for the year — they are what unlock the lower rate at source, rather than months later as a refund.

So, how much do NRIs actually pay?

Add the layers up and the honest answer is a range, not a rate. An NRI with only NRE and FCNR interest may pay nothing at all, because that income is exempt. An NRI living on Indian rent and modest NRO interest pays ordinary slab tax — often in single-digit lakhs or less. An NRI selling property or booking equity gains pays the special rates — 12.5% long-term, 20% short-term on listed equity — plus surcharge and cess where the numbers are large. What almost every NRI shares is the TDS gap: more is deducted than is owed, and the return is where you claim it back. Estimate your tax from the income type, not from a single headline number, and you will land close.

Key takeaways
  • NRIs are taxed only on Indian-source income — foreign salary, dividends and rent are outside India's net.
  • Ordinary Indian income follows the slab table; the Rs 4,00,000 exemption applies, but the Section 87A rebate does not.
  • Capital gains and windfalls use special flat rates — 12.5% long-term, 20% short-term on listed equity, 30% on lottery.
  • The basic exemption cannot be set against capital gains for an NRI — those are taxed from the first rupee.
  • TDS under Section 393(2) is deducted defensively and usually exceeds your real liability; a lower-TDS certificate or your return recovers the excess.
  • Surcharge starts at Rs 50 lakh (capped at 15% on capital gains); a 4% cess sits on top of everything.
  • A DTAA, backed by a Tax Residency Certificate and Form 10F, can cut the tax withheld on interest and dividends and prevents double taxation.

Frequently asked questions

Do NRIs pay tax on foreign income in India?

No. As a non-resident you are taxed only on income that is received, accrues or arises in India. Salary, business income and investments earned and held abroad are not taxable in India.

What is the basic exemption limit for an NRI?

Rs 4,00,000 under the default new regime for the 2025-26 year (Rs 2,50,000 under the old regime). Unlike residents, NRIs do not get the higher senior-citizen exemption, and cannot claim the Section 87A rebate.

What tax rate applies to an NRI's capital gains?

Long-term gains on listed shares and equity funds are taxed at 12.5% above a Rs 1,25,000 exemption; other long-term gains, including property, at 12.5%. Short-term gains on listed equity are 20%; short-term gains on property are taxed at slab rates.

Is interest on NRE and FCNR accounts taxable?

No. Interest on NRE and FCNR deposits is specifically exempt while you are an NRI. Interest on an NRO account, however, is fully taxable and attracts TDS of about 31.2%.

Why is so much TDS deducted from my Indian income?

Payers deduct under Section 393(2) (formerly Section 195) defensively, often on the gross amount rather than your net gain, because they carry the risk of under-deduction. The excess over your actual liability is refunded when you file your return, or avoided in advance with a lower-TDS certificate — Form 128 (formerly Form 13).

Can a DTAA reduce my Indian tax?

Yes. A tax treaty can lower the rate on interest, dividends and royalties and prevents the same income being taxed twice. You need a Tax Residency Certificate from your country of residence and a Form 10F to claim treaty benefits.

Do NRIs have to file an income-tax return in India?

If your taxable Indian income exceeds the basic exemption, or you want to reclaim excess TDS, then yes. For most NRIs with rent, NRO interest or capital gains, the return is how the over-deducted TDS is recovered.

This article is for general information only and reflects rules current as of 2026. It is not legal, tax, or financial advice — rules, rates and procedures can change, so please confirm the current position with a qualified professional before acting.