NRI Income Tax Return in India: Filing Guide

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An NRI may need to file an Indian income tax return because of taxable income or other mandatory filing conditions. Filing can also be the only way to claim excess tax deducted at source as a refund. First confirm your residential status and the filing year, then choose the form from your income sources. This guide covers who files, the form, the dates, a rent calculation, verifying from abroad, refunds and a document checklist. Property sale tax and rent withholding have their own guides, linked below.

This is general information and not tax advice. Returns for income earned from 1 April 2025 to 31 March 2026 (assessment year 2026-27) are filed under the Income-tax Act, 1961. Income from 1 April 2026 falls under the Income-tax Act, 2025 as tax year 2026-27. These are separate compliance periods, and this guide labels which applies. Check the e-filing portal and have a chartered accountant prepare your return. This guide is independent and has not been reviewed by a lawyer.

Which year, and which law

Income earned	Filing reference	Law
1 April 2025 to 31 March 2026	Assessment year 2026-27	Income-tax Act, 1961
1 April 2026 to 31 March 2027	Tax year 2026-27	Income-tax Act, 2025

Do you have to file?

Mandatory filing

• Your total Indian income, before certain deductions, is above the basic exemption limit. The limit depends on the tax regime and the year, so check the figure for your year on the portal and not from an old article.
• You have taxable capital gains, for example from selling a flat. The test is the taxable gain, not the sale price.
• You meet other prescribed conditions. The rules on mandatory filing include conditions linked to the tax deducted or collected in a year, for example a total of Rs 25,000 or more, with a higher figure for qualifying resident senior citizens. Ask your accountant whether any of these apply to you.

Receiving rent does not by itself decide whether you must file. The test is your taxable income and the other conditions. Rent still has to be reported if you file.

Filing to claim a refund

If tax was deducted from your rent, interest or a property sale and your final tax is lower, a return is the only way to claim the excess. Deducted tax is not refunded automatically. The refund depends on your final liability and the credits available. See the guide to TDS on rent paid to an NRI landlord and the guide to the lower TDS certificate (Form 128).

Narrow exceptions

A non-resident whose only income is certain dividends and interest, taxed at source at the required rates, may be excused from filing under section 115A(5). It is a narrow exception. It is lost if you have other Indian income such as rent or capital gains, or if a lower treaty rate was applied (see the Taxmann discussion). Ask your accountant before relying on it.

Account interest

Interest on an NRE account is exempt while you are non-resident under FEMA. Interest on an NRO account is taxable. See the NRE vs NRO guide.

Which form

Form	Use for an NRI
ITR-2	Rent, capital gains, interest and dividends, with no business income.
ITR-3	Business or professional income, or futures and options income.
ITR-1 and ITR-4	Not available to non-residents.

Check the department’s form instructions for your assessment year. The form number alone does not decide the due date.

Dates for assessment year 2026-27

Return	Applies to	Date	Note
Original return	Individuals with no business audit, using ITR-2	31 July 2026, which has passed	Other categories have other dates
Belated return	Any taxpayer for this year	31 December 2026, or completion of assessment if earlier	Late fee under section 234F
Revised return	Any taxpayer who has filed	31 March 2027, or completion of assessment if earlier	Check the enacted provision on the portal

• The late fee for assessment year 2026-27 falls under section 234F: up to Rs 5,000, or Rs 1,000 if your total income is up to Rs 5 lakh. Confirm the current figure on the portal.
• Business and audit cases have different dates. See the department’s notices and the table of dates on tax sites such as TaxGuru, checked on 27 October 2026.
• For tax year 2026-27 under the 2025 Act, which has its own due date and late fee rules, check the portal when the date is notified.

What to report, with a rent example

• Rent: the 30% standard deduction is calculated on the net annual value, which is the annual value less municipal taxes the owner has borne and actually paid. Show the tax the tenant deducted.
• Capital gains: on a flat or shares, with dates and costs. See the step by step guide to selling your flat as an NRI.
• Interest and dividends: NRO interest and dividends. NRE interest that is exempt under the rules is not taxed.
• Tax paid: TDS in Form 26AS and the Annual Information Statement, and any advance tax.

Illustration only, annual rent	Amount
Annual value, assumed equal to the rent	Rs 6,00,000
Less municipal taxes paid by the owner	Rs 20,000
Net annual value	Rs 5,80,000
Less 30% standard deduction on the net annual value	Rs 1,74,000
Balance before any home loan interest deduction	Rs 4,06,000

This is an example, not your calculation. Vacancy, an annual value set by the municipality, home loan interest and loss rules can change the result. See the guide to TDS on rent paid to an NRI landlord.

What does not apply, or applies differently

• The section 87A rebate is for residents.
• Schedule FA for foreign assets is not required from non-resident taxpayers under the department’s guidance (see the Income Tax Department page for non-residents). If you returned to India during the year and are resident but not ordinarily resident, or ordinarily resident, your position can differ. See the guide to returning to Navi Mumbai.
• Relief for tax paid abroad depends on the applicable treaty, Indian law and your residential status for the year. Confirm which country gives the relief and which documents it needs.
• Treaty claims on payments made from 1 April 2026 use a tax residency certificate and a treaty form that carries a new number, Form 41, in place of Form 10F. For the year ended 31 March 2026, the older form can still appear in documents. Treaties seldom reduce Indian tax on rent from Indian property, so ask your accountant before expecting a lower rate.

Filing and verifying from abroad

• You need a PAN and a registered account on the e-filing portal.
• Select the form that fits your income sources, review the prefilled information, complete the schedules that apply and reconcile your tax credits before you submit. Use ITR-3 instead of ITR-2 if you have business income.
• Complete e-verification within 30 days of uploading the return. Options include an electronic verification code through a pre-validated bank account, net banking or a demat account, an Aadhaar OTP with an Aadhaar-linked mobile, or a digital signature (see the department’s FAQ).
• If you cannot e-verify, send the signed ITR-V to the Centralized Processing Centre, Income Tax Department, Bengaluru 560500, Karnataka, so that it reaches the Centre within 30 days. The date it is received counts, not the date you post it, so allow for international transit time.
• Verifying late can change the effective filing date and bring late filing consequences. A return left unverified is treated as invalid. A request for condonation can be made for a genuine delay, subject to acceptance.

Refunds: the steps

• Validate an eligible Indian bank account on the portal. The department’s bank account FAQ lists savings, current, cash credit, overdraft and NRO accounts, and does not mention NRE.
• Nominate that account for refunds. Validating an account, nominating it for refunds and enabling it for electronic verification are separate actions.
• Reconcile TDS and tax payments with Form 26AS and the Annual Information Statement.
• Submit the return and verify it.
• Track processing, notices and the refund status on the portal.
• If validation fails or a refund bounces, correct the account details and request a refund reissue.

The name, PAN and IFSC have to match. Refund timing varies, so do not plan around a fixed number of weeks.

Records to prepare

Category	Records
Residency	Passport and travel dates, and the residence history the form asks for
Rent	Agreement, rent ledger and municipal tax receipts
Property sale	Purchase and sale documents, cost proofs and tax deduction records
Bank income	Interest certificates and statements
Investments	Capital gains statements and transaction records
Tax credits	Form 26AS, the Annual Information Statement, TDS certificates and challans
Refund	Validated and nominated bank account details
Treaty claim	Residence certificate and the supporting forms

Do not accept the prefilled information blindly. Check for missing, duplicated or wrongly attributed entries, and have them corrected before you file. See the guide to the documents NRIs need for Indian property.

Mistakes that cost NRIs money

• Using a resident form.
• Not matching the TDS in your return with Form 26AS and the Annual Information Statement.
• Leaving out income already taxed at source. It still has to be reported.
• Not verifying in time, or posting the ITR-V too late to reach the Centre.
• A refund account that is not validated and nominated, or a name mismatch.
• Treating NRE and NRO income alike.
• Missing the date and paying a late fee.

Plan the return together with a sale and the remittance. See the step by step guide to selling your flat as an NRI, the guide to sending property sale proceeds abroad and the guide to managing a flat from abroad.

Frequently Asked Questions

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

An NRI may have to file because of taxable income above the basic exemption limit, taxable capital gains or other prescribed conditions. Filing can also be the way to claim excess tax deducted at source.

Must I file if my income is below the exemption limit but TDS was deducted?

You may not be required to, but a return is the only way to claim the deducted tax back as a refund. Some filing conditions also depend on the tax deducted, so ask your accountant.

Which form does an NRI use?

Usually ITR-2. ITR-3 is for business or professional income. ITR-1 and ITR-4 are not available to non-residents.

Is my property sale price the same as my taxable capital gain?

No. The gain is the sale price less cost and eligible expenses, and an exemption can reduce it. The buyer deducts tax on the whole price, and you claim the excess through the return.

Does posting the ITR-V within 30 days meet the deadline?

The date it reaches the Centralized Processing Centre in Bengaluru counts, not the date you post it. E-verification is faster.

Can I claim a refund after missing the original date?

You can file a belated return until the date for the year, with a late fee. Check the portal for the date and the fee.

What if the tenant’s TDS is missing?

Ask the tenant for the certificate and check that the statement was filed. Tax missing from Form 26AS cannot easily be claimed. See the guide to TDS on rent.

Which bank account gets the refund?

A validated and nominated Indian account. The department’s FAQ lists NRO among the accepted accounts and does not mention NRE.

Sources

Point	Source
Verification, ITR-V and condonation	Income Tax Department FAQ
Refund bank account	Income Tax Department FAQ
Schedule FA and non-residents	Income Tax Department
Dates for assessment year 2026-27	TaxGuru, checked 27 October 2026
Section 115A(5) exception	Taxmann

Reviewed on 27 October 2026. The basic exemption limits, the enacted revised return date, the mandatory filing thresholds and the form numbers for treaty claims should be checked on the e-filing portal and with a chartered accountant before you file. This guide has not been reviewed by a lawyer.

The featured image is an AI generated illustration made for this guide, and not a photograph.

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