An apartment bought during years working abroad, now rented out while its owner has moved back to India, creates a tax obligation that many returning professionals do not anticipate: that foreign rental income is taxable in India too, on top of whatever tax is paid in the country where the property is located.
Even though the property is located abroad, the income from it is computed under the Income from House Property provisions of Indian tax law, in the same manner as for an Indian property, meaning the standard 30% deduction for repairs/maintenance and deduction for any home loan interest (on a loan taken for that foreign property, where applicable) are computed following Indian rules, after converting the relevant figures (rent received, municipal taxes paid abroad if allowable, etc.) into Indian Rupees using the prescribed conversion approach.
If tax has also been paid in the foreign country on this rental income (as is common, since most countries tax rental income from property situated within their borders regardless of the owner's residence), double taxation relief is available, either under the relevant DTAA between India and that country, or under the domestic foreign tax credit provisions where no DTAA exists or where the DTAA does not otherwise provide relief, allowing credit for the foreign tax paid against the Indian tax liability on the same income, subject to the conditions and limits of the applicable provision.
Beyond the income itself, owning foreign property as a resident also triggers reporting obligations under Schedule Foreign Assets (Schedule FA) of the ITR, which requires disclosure of foreign assets held during the relevant period, including immovable property, regardless of whether the property generates any income. This is a disclosure requirement separate from, but related to, the income reporting requirement for the rental income itself.
Individuals returning to India after a long period abroad may qualify for 'Resident but Not Ordinarily Resident' (RNOR) status for a limited number of years, during which income that accrues or arises outside India (such as foreign rental income, in many cases) is not taxable in India unless it is derived from a business controlled from, or a profession set up in, India. This RNOR window, covered in our dedicated article on RNOR status, can provide temporary relief from Indian tax on foreign rental income for returning professionals, before full resident taxation on global income applies.
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