Taxation · Rates reference

NRI Income Tax in India: NRI Tax Slab 2025-26

The tax rate that applies to each type of NRI income in India — salary, rent, capital gains, interest and dividends — in one reference table, with TDS.

Short answer

NRI tax rates depend on the income category, financial year and applicable regime. Use the stated marginal slabs for ordinary income and check special-rate gains separately. Section 87A is resident-only, so the resident rebate headline does not apply to NRIs. Distinguish final tax from withholding, and confirm treaty conditions before applying a rate.

Last reviewed: · Reviewed by Regi Tom Antony, FCA

FY 2025-26 remains under the 1961 Act. The Income-tax Act, 2025 applies from 1 April 2026; later-year rates and existing illustrative computations require confirmation against the latest Finance Act/CBDT notification.

01

NRI income tax in India: new tax regime for NRIs

India taxes your India-sourced income and leaves your foreign income alone. What matters is the rate per income head — and that NRI income is usually subject to TDS first, refundable on filing. Surcharge and the 4% health & education cess apply on top of every rate below. This is a rates reference; for the ITR form, deadline and e-verification steps see how NRIs file an income tax return.

02

Rate by income head

The reference table below concerns FY 2025-26 / AY 2026-27. Surcharge and 4% cess apply on top. Rates and asset classifications not included in the owner-verified figures, including existing TDS entries, require confirmation against the latest Finance Act/CBDT notification and are confirmed for your facts.

India incomeRate (FY 2025-26 / AY 2026-27; confirm asset eligibility)
Salary for services rendered in IndiaSlab rates
Rent / house propertySlab rates, after 30% standard deduction; TDS under Sec 195
Immovable property — long-term gain (held > 24 months)12.5% without indexation (post 23 July 2024)
Immovable property — short-term gainSlab rates
Listed equity / equity mutual funds — LTCG (Sec 112A)12.5% on gains above ₹1.25 lakh/year
Listed equity / equity mutual funds — STCG (Sec 111A)20%
Other long-term assets (unlisted shares, bonds, gold)12.5%
NRO interestSlab rates; TDS at 30%
Dividends from Indian companiesTaxable; TDS commonly 20% under Sec 195 (DTAA may reduce)
NRE / FCNR interestExempt under Section 10
03

Old vs new regime: side-by-side (FY 2025-26 / AY 2026-27)

These verified bands apply to FY 2025-26, governed by the Income-tax Act, 1961. They are marginal rates, not a flat rate on all income. Section 87A is for resident individuals only in both regimes; NRIs receive no rebate. FY 2026-27 rates must be confirmed against the applicable Finance Act rather than assumed from this table.

New-regime income bandRateOld-regime income bandRate
Up to ₹4,00,000NilUp to ₹2,50,000Nil
₹4,00,001–₹8,00,0005%₹2,50,001–₹5,00,0005%
₹8,00,001–₹12,00,00010%₹5,00,001–₹10,00,00020%
₹12,00,001–₹16,00,00015%Above ₹10,00,00030%
₹16,00,001–₹20,00,00020%——
₹20,00,001–₹24,00,00025%——
Above ₹24,00,00030%——
Salary standard deduction₹75,000Salary standard deduction₹50,000
Resident-only Section 87AIncome up to ₹12,00,000; rebate up to ₹60,000Resident-only Section 87AIncome up to ₹5,00,000

Source: owner-verified FY 2025-26 / AY 2026-27 figures. Standard deduction is for eligible salary income, not rent or interest. Special-rate gains require a separate computation; the resident rebate headline is not a blanket exemption for them. NRIs are ineligible for either rebate.

04

New tax regime for NRIs: choosing with an NRI tax consultant

Which regime suits an NRI is confirmed for your facts, not selected from the rebate headline. Compute both regimes using the same income, then compare deductions actually available and documented. Eligible salary gets a ₹75,000 standard deduction in the new regime or ₹50,000 in the old regime for FY 2025-26; do not apply this salary deduction to rent or interest. Keep Section 111A/112A gains separate and do not use unused basic exemption against them as a non-resident. Business-income elections and switching conditions require review. Neither regime gives NRIs the Section 87A rebate.

05

The NRI-specific differences that change the computation

Three rules make an NRI's tax different from a resident's even on identical income. First, no Section 87A rebate: a resident under the new regime pays nil tax on total income up to ₹12 lakh because of the enhanced rebate, but a non-resident gets no rebate at all, so a non-resident with ₹10 lakh of slab income pays tax on the portion above ₹4 lakh. Second, the unused basic exemption limit cannot be adjusted against special-rate income: a resident whose slab income is below the exemption limit can use the shortfall to reduce STCG under Section 111A or LTCG under Section 112A, but the law allows that adjustment only to residents, so a non-resident pays the full special rate on those gains even with no other income. Third, no senior-citizen benefit: the higher old-regime exemption limits for those aged 60 and 80 apply only to resident individuals, so every NRI uses the general ₹2,50,000 old-regime limit regardless of age. These carve-outs are the most common reason an NRI return is rejected as wrongly computed.

06

Capital gains rates in detail, including grandfathering

The verified LTCG changes for eligible transfers on or after 23 July 2024 apply to this FY 2025-26 / AY 2026-27 reference. Later-year rates and the detailed asset classifications below require confirmation against the latest Finance Act. Listed equity shares, equity-oriented mutual funds and business-trust units on which STT is paid: short-term (held 12 months or less) taxed at 20% under Section 111A; long-term (held more than 12 months) taxed at 12.5% under Section 112A on gains above ₹1,25,000 a year. For equity acquired before 1 February 2018, cost is stepped up to the higher of actual cost and fair market value on 31 January 2018 (capped at sale price), so pre-2018 gains remain grandfathered. Immovable property and other long-term capital assets (unlisted shares, gold, physical assets): long-term after 24 months, taxed at 12.5% without indexation under Section 112. Resident individuals and HUFs selling land or buildings acquired before 23 July 2024 can choose the older 20% with indexation if lower — that option is not available to non-residents, who pay 12.5% without indexation. For unlisted shares and debentures, non-residents retain foreign-currency computation protection under the first proviso to Section 48 where applicable. Specified mutual funds and market-linked debentures (debt funds with 65% or less in equity, units bought on or after 1 April 2023) are deemed short-term under Section 50AA and taxed at slab rates regardless of holding period. Short-term gains on non-equity assets are taxed at slab rates. Under the Income-tax Act, 2025 these provisions carry new section numbers; the economic rates above are unchanged unless a later Finance Act says otherwise.

07

Surcharge and cess, and the cap on capital gains

Surcharge is levied on the income-tax amount when total income crosses set thresholds: 10% above ₹50 lakh, 15% above ₹1 crore, 25% above ₹2 crore, and 37% above ₹5 crore under the old regime — the new regime caps the top surcharge at 25%. Surcharge on tax attributable to STCG under Section 111A, LTCG under Sections 112 and 112A, and dividend income is capped at 15%, so a large property or share sale does not push those gains into the 25% or 37% bands. Marginal relief applies so that tax plus surcharge does not exceed the income above the threshold. Health and education cess of 4% is then charged on income tax plus surcharge. TDS under Section 195 on payments to non-residents includes surcharge and cess at these rates, which is why the effective TDS on a large property sale is above 12.5%. Confirm thresholds against the latest Finance Act.

Total incomeSurcharge (old regime)Surcharge (new regime)Cap on 111A/112/112A gains & dividends
Up to ₹50 lakhNilNil—
₹50 lakh – ₹1 crore10%10%10%
₹1 crore – ₹2 crore15%15%15%
₹2 crore – ₹5 crore25%25%15%
Above ₹5 crore37%25%15%

4% health & education cess applies on tax plus surcharge. Confirm against the latest Finance Act/CBDT notification.

08

TDS rates that apply to NRIs

Payments to a non-resident are deducted at source mainly under Section 195, at the rate in force for that income plus surcharge and cess, unless a lower-deduction certificate under Section 197 or a DTAA rate (with TRC and Form 10F) applies. On a property sale by an NRI, the buyer deducts on the capital gain at the applicable capital-gains rate — 12.5% for long-term, slab-equivalent (commonly 30%) for short-term, plus surcharge and cess — under Section 195; the 1% rate under Section 194-IA applies only when the seller is resident, and buyers who wrongly apply 1% to an NRI seller face default consequences. Rent paid to an NRI landlord is deducted under Section 195, commonly at 30% plus surcharge and cess on the rent. NRO interest is deducted at 30% plus cess. Dividends from Indian companies are deducted at 20% plus surcharge and cess under Section 195, reducible to the treaty rate. Mutual fund redemptions by NRIs are subject to TDS at the capital-gains rate on the gain. Concessional rates under Sections 194LC (interest on certain foreign-currency borrowings and specified bonds) and 194LD have time limits and conditions that have been narrowed or withdrawn in recent Finance Acts; confirm applicability against the latest Finance Act/CBDT notification before relying on them.

Payment to NRITDS sectionTypical rate (before surcharge & cess)
Long-term gain on property sale19512.5% on the gain
Short-term gain on property sale195Slab-equivalent, commonly 30% on the gain
Rent from Indian property195Commonly 30%
NRO interest19530%
Dividends19520% (DTAA may reduce)
Listed equity LTCG / STCG (MF redemptions)19512.5% / 20% on the gain
Property bought from a resident seller194-IA1% — not applicable to NRI sellers

Lower or nil deduction possible with a Section 197 certificate or a DTAA rate. Confirm against the latest Finance Act/CBDT notification.

09

Worked example 1: rent, NRO interest and share gains

An NRI living in Dubai, new regime, FY 2025-26. Indian flat let at ₹50,000 a month: annual value ₹6,00,000, less 30% standard deduction, gives house-property income of ₹4,20,000. NRO interest ₹50,000. Slab income: ₹4,70,000. Tax on slab income: nil on the first ₹4,00,000 and 5% on ₹70,000 = ₹3,500; no Section 87A rebate. Listed-equity LTCG of ₹3,00,000: taxable above ₹1,25,000, so ₹1,75,000 at 12.5% = ₹21,875. Listed-equity STCG of ₹1,00,000 at 20% = ₹20,000. Total tax ₹45,375, plus 4% cess of ₹1,815, gives ₹47,190. Had she been resident, the ₹12 lakh rebate would have wiped out the slab tax. TDS on her rent (30%) and NRO interest (30%) will far exceed ₹3,500 of slab tax, so she files ITR-2 to claim the refund. The UAE treaty does not reduce Indian tax on Indian rent.

10

Worked example 2: selling an Indian flat

An NRI in London sells a flat bought in 2015 for ₹40 lakh, for ₹1 crore in FY 2025-26. As a non-resident he cannot choose indexation, so the long-term gain is ₹60 lakh, taxed at 12.5% = ₹7,50,000. Total income exceeds ₹50 lakh, so surcharge at 10% = ₹75,000 (within the 15% cap on capital gains). Cess at 4% on ₹8,25,000 = ₹33,000. Total ₹8,58,000 — an effective 14.3% on the gain. Without a Section 197 certificate, a buyer cautious about the cost figure may deduct on a much larger amount; the certificate, or a refund via the return, recovers the excess. Reinvestment exemptions under Sections 54 and 54EC can reduce the gain, subject to their limits.

11

TDS comes first, refund later

Almost every payment to an NRI is covered by Section 195 and deducted at source — often more than the real liability. Reduce it upfront with a DTAA rate (TRC + Form 10F) or reclaim the excess by filing a return. The filing walkthrough — form, deadline, e-verification — is in how NRIs file an income tax return, and a full advisory engagement sits with our NRI tax advisory services. For property sales specifically, see TDS on property sale by an NRI and ways to reduce TDS on an NRI property sale; for how investments are taxed, see NRI investment taxation in India.

12

DTAA relief: documents and corridor income checks

A treaty may allocate taxing rights or limit Indian withholding for an eligible non-resident. Obtain a current Tax Residency Certificate (TRC), supply Form 10F particulars as required, and check the applicable article, beneficial ownership, income source and domestic-law comparison before the payer applies relief. Form 67 serves a different purpose: eligible Indian residents claiming credit for foreign tax paid on income also taxed in India; it is not the form for an NRI’s Indian excess-TDS refund. Confirm the current filing requirements for the relevant year. See DTAA relief and Indian TDS refunds.

CorridorIncome types and facts to checkRate position
US / CanadaInterest, dividends, pensions, equity compensation and capital gains; residency and sourceExact treaty rate and relief confirmed for your facts
UK / EuropePensions, dividends, interest, property income and gains; actual country’s treatyExact treaty rate and relief confirmed for your facts
UAE / GulfIndia-source interest, dividends, property income and gains; treaty residency eligibilityExact treaty rate and relief confirmed for your facts
Singapore / Australia / New ZealandInterest, dividends, retirement income, equity compensation and gainsExact treaty rate and relief confirmed for your facts

No country-specific withholding percentages are asserted here. A corridor label is not a treaty article; each country and income stream needs separate confirmation.

Common questions

Answered, candidly.

How does NRI income tax in India use the NRI tax slab 2025-26?
New regime: nil to ₹4 lakh, 5% to ₹8 lakh, 10% to ₹12 lakh, 15% to ₹16 lakh, 20% to ₹20 lakh, 25% to ₹24 lakh, 30% above. Old regime: nil to ₹2.5 lakh, 5% to ₹5 lakh, 20% to ₹10 lakh, 30% above. Plus surcharge and 4% cess; no 87A rebate for NRIs.
What is the income tax slab for NRI for FY 2026-27?
This reference verifies FY 2025-26 / AY 2026-27 only. FY 2026-27 rates must be confirmed against the applicable Finance Act; do not assume them from this table. NRIs cannot claim the residents-only Section 87A rebate.
Is income up to ₹12 lakh tax-free for NRIs?
No. The nil tax up to ₹12 lakh under the new regime comes from the Section 87A rebate, which is available only to residents. An NRI pays slab tax on income above ₹4 lakh.
Do senior citizen NRIs get a higher exemption limit?
No. The ₹3 lakh and ₹5 lakh old-regime limits for those aged 60 and 80 apply only to resident individuals. NRIs of any age use the ₹2.5 lakh old-regime limit or the ₹4 lakh new-regime limit.
Can an NRI use indexation on property bought before July 2024?
No. The option to pay 20% with indexation on land or buildings acquired before 23 July 2024 is given only to resident individuals and HUFs. NRIs pay 12.5% without indexation on long-term gains.
What is the TDS rate on property sale by NRI?
The buyer deducts under Section 195 on the gain — 12.5% for long-term, commonly 30% for short-term — plus surcharge and 4% cess. Section 194-IA's 1% applies only to resident sellers. A Section 197 certificate can reduce it.
Is surcharge on capital gains capped for NRIs?
Yes. Surcharge on tax attributable to STCG under 111A, LTCG under 112 and 112A, and dividends is capped at 15%, even if total income is above ₹2 crore.
What are the capital gains tax rates for NRIs in FY 2025-26?
Long-term gains on immovable property and most other assets: 12.5% without indexation. Listed equity/equity mutual fund LTCG: 12.5% above ₹1.25 lakh; STCG on the same: 20%. Short-term property gains: slab rates. Surcharge and 4% cess apply on top.
Is NRE/FCNR interest taxable in India?
No. Interest on NRE and FCNR accounts is exempt under Section 10 while you are a non-resident. NRO interest is taxed at slab rates with 30% TDS.
What TDS rate applies to NRI dividends and interest?
Dividends are commonly deducted at 20% and NRO interest at 30% under Section 195. A DTAA with your country of residence can reduce these — claimed with a TRC and Form 10F.
How is NRI rental income from Indian property taxed?
Rent is taxed at slab rates after a 30% standard deduction on the annual value, with TDS deducted by the tenant under Section 195. Surcharge and 4% cess apply on top.
Can NRIs claim the Section 87A rebate or set the basic exemption against capital gains?
No. The 87A rebate is only for residents, and the basic exemption cannot be set off against STCG under 111A or LTCG under 112A.
How does an NRI actually file the return once the rate is known?
NRIs use ITR-2 (or ITR-3 for Indian business income) on incometax.gov.in and file by 31 July following the financial year — 31 July 2027 for FY 2026-27. The full walkthrough is at /guides/how-nris-file-income-tax-in-india.
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Important information

This guide is general information published by RTA & Associates. It is not tax, legal, financial or investment advice, and it does not create a client relationship. It does not take account of your personal circumstances, and you should not act or refrain from acting on the basis of anything here.

Cross-border outcomes turn on the specific facts — your day-counts, the timing of your move, the wrappers you hold and the treaty position between the two countries. A small change in any of those can change the answer completely.

References to the law, rules or practice of countries other than India are included for general orientation only. They are not advice on the law of that country, and they should be confirmed with a qualified adviser in that jurisdiction before you act.

Tax law, exchange-control rules and treaty positions change, and they change often. This page reflects our understanding as at the date shown above. We do not undertake to update it.

To the extent permitted by law, RTA & Associates and its partners and staff accept no liability for any loss arising from reliance on this page. For advice on your own position, book a consultation.

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