Union Budget 2025-26 Impact on NRIs — New Slabs, TDS, Capital Gains & What Did Not Change
By CA Mayank Wadhera (CA | CS | CMA | IBBI Registered Valuer) Founder, MKW Advisors | Legal Suvidha & DigiComply Ecosystem Last updated: March 2026 | Applicable for FY 2025-26 (AY 2026-27)
The Headlines Sound Good — But Do They Apply to You?
Finance Minister Nirmala Sitharaman's Union Budget 2025-26, presented on 1 February 2025, made sweeping changes to income tax slabs, rebates, and TDS rates. The media reported "zero tax up to 12 lakh income" and celebrated massive relief for the middle class.
If you are an NRI, most of those headlines are misleading for your situation. Some changes help you directly, some help only residents, and some critical NRI provisions — including Section 195 TDS on property sales — remain completely unchanged.
This guide cuts through the noise. Every statement below is verified against the Finance Act 2025 as applicable for FY 2025-26 (AY 2026-27).
Quick Reference: Budget 2025-26 Numbers That Matter for NRIs
| Parameter | FY 2025-26 Value | NRI Impact |
|---|---|---|
| New regime default slab (Section 115BAC) | 7 slabs from 0% to 30% | Applies to NRIs |
| Section 87A rebate | Up to ₹60,000 | Not available to NRIs |
| Standard deduction (salary/pension) | ₹75,000 | Applies to NRIs with Indian salary/pension |
| TDS on NRI property sale (Section 195) | 20% of sale consideration + surcharge + cess | Unchanged |
| LTCG tax rate (property) | 12.5% (flat, no indexation) or 20% with indexation (pre-July 2024 acquisitions) | Unchanged from Budget 2024 |
| STCG on listed equity | 20% | Unchanged from Budget 2024 |
| LTCG on listed equity | 12.5% (above ₹1.25 lakh exemption) | Unchanged from Budget 2024 |
| Section 54 exemption cap | ₹10 crore | Unchanged |
| Section 54EC bond limit | ₹50 lakh | Unchanged |
| ITR-U (updated return) window | Extended to 48 months | Applies to NRIs |
1. New Income Tax Slabs Under Section 115BAC (New Regime)
The most significant change in Budget 2025-26 is the complete overhaul of the new tax regime slabs under Section 115BAC. These slabs apply to NRIs who opt for the new regime — which is now the default regime.
Revised Slabs for FY 2025-26
| Annual Income | Tax Rate |
|---|---|
| Up to ₹4,00,000 | Nil |
| ₹4,00,001 to ₹8,00,000 | 5% |
| ₹8,00,001 to ₹12,00,000 | 10% |
| ₹12,00,001 to ₹16,00,000 | 15% |
| ₹16,00,001 to ₹20,00,000 | 20% |
| ₹20,00,001 to ₹24,00,000 | 25% |
| Above ₹24,00,000 | 30% |
What Changed
The basic exemption limit was raised from ₹3 lakh to ₹4 lakh. The slab widths were made uniform at ₹4 lakh each. The previous 25% slab, which started at ₹15 lakh, now starts at ₹20 lakh. Overall, this results in meaningful tax savings for all taxpayers including NRIs with Indian-sourced income.
For an NRI earning ₹20 lakh from Indian sources under the new regime, the tax liability drops from approximately ₹2,10,000 to ₹1,70,000 — a savings of ₹40,000.
Old Regime Still Available
NRIs can still opt for the old tax regime if it benefits them — particularly those with significant deductions under Section 80C, 80D, or housing loan interest under Section 24. However, you must explicitly opt in by filing Form 10-IEA before the due date. The new regime is the default if no choice is made.
2. Section 87A Rebate — Increased to ₹60,000, but NOT for NRIs
This is the single most misunderstood provision of Budget 2025-26.
The Section 87A rebate has been increased from ₹25,000 to ₹60,000, effectively making income up to ₹12,00,000 tax-free under the new regime for eligible taxpayers.
However, Section 87A is available only to resident individuals. NRIs are not eligible. This is not a new exclusion — it has always been the case. But with media coverage focusing on "zero tax up to ₹12 lakh," many NRIs assume this applies to them.
CA Mayank Wadhera, MKW Advisors: "Every February, we receive dozens of calls from NRIs celebrating the '₹12 lakh tax-free' news. The reality is that an NRI with ₹12 lakh Indian income will pay approximately ₹80,000 in tax under the new regime. The rebate does not apply to non-residents. This has not changed in Budget 2025-26 — the rebate amount increased, but the eligibility remains residents only."
Practical Impact
| Income | Resident Tax (New Regime) | NRI Tax (New Regime) |
|---|---|---|
| ₹8,00,000 | ₹0 (after 87A rebate) | ₹20,000 |
| ₹10,00,000 | ₹0 (after 87A rebate) | ₹40,000 |
| ₹12,00,000 | ₹0 (after 87A rebate) | ₹60,000 |
| ₹16,00,000 | ₹1,20,000 | ₹1,20,000 |
As shown, the disparity disappears above ₹12 lakh because the rebate phases out for residents as well.
3. TDS Rationalization — Reduced Rates on Various Payments
Budget 2025-26 reduced TDS rates on several categories of payments. Some of these directly benefit NRIs.
Key TDS Rate Changes
| Section | Nature of Payment | Old Rate | New Rate | NRI Relevance |
|---|---|---|---|---|
| 194A | Interest (other than securities) — for residents | 10% | 10% | NRIs governed by Sec 195 instead |
| 194H | Commission / brokerage | 5% | 2% | Indirect benefit |
| 194-IB | Rent by individual/HUF | 5% | 2% | May apply to NRI landlords receiving from resident tenants |
| 194DA | Insurance maturity | 5% | 2% | Applies if NRI holds Indian insurance policy |
| 194G | Commission on lottery tickets | 5% | 2% | Rare for NRIs |
| 206C(1G) | TCS on remittance for education/medical | 5% | 2% (above ₹10 lakh, if financed by loan) | Benefits NRI families |
What Did NOT Change for NRIs
Section 195 TDS rates on payments to NRIs remain unchanged. This means:
- Property sale by NRI: TDS at 20% of sale consideration (plus surcharge and cess) for LTCG — this is based on the full sale price, not the profit
- Rental income to NRI: TDS at 30% (slab rate)
- Interest income to NRI: TDS at 30% (or DTAA rate, whichever is lower)
- Professional/consulting fees to NRI: TDS at 10% or as per DTAA
NRIs can still apply for a lower TDS certificate under Section 197 to reduce withholding to the actual tax liability.
4. Updated Return (ITR-U) Window Extended to 48 Months
Budget 2025-26 extended the time limit for filing an updated return under Section 139(8A) from 24 months to 48 months from the end of the relevant assessment year.
What This Means for NRIs
If you missed filing a return or underreported income in a previous year, you now have up to 4 years to file a corrected return. The additional tax payable depends on when you file:
| Filing Window | Additional Tax |
|---|---|
| Within 12 months of AY end | 25% of aggregate tax + interest |
| 12-24 months | 50% of aggregate tax + interest |
| 24-36 months | 60% of aggregate tax + interest |
| 36-48 months | 70% of aggregate tax + interest |
Practical example: If you sold a property in FY 2022-23 and did not file ITR for AY 2023-24, you previously had until 31 March 2026 to file an updated return. The extension now gives you until 31 March 2028.
CA Mayank Wadhera, MKW Advisors: "This is genuinely helpful for NRIs who may have overlooked Indian tax obligations during years they were abroad. We have several clients who realized belatedly that rental income or capital gains needed to be reported. The 48-month window gives breathing room — but the additional tax is steep if you delay, so file as early as possible."
5. No Change in NRI-Specific Provisions
Several provisions that NRIs rely on heavily were not touched in Budget 2025-26. This is important to confirm because rumours circulate every budget season.
Section 195 — TDS on Payments to NRIs
TDS rates under Section 195 remain exactly as they were:
- LTCG on property: 20% of sale consideration (not 20% of gain — the entire sale price)
- STCG on property: 30% of sale consideration
- Other income: At applicable slab rates
The buyer is responsible for deducting TDS, obtaining a TAN, and depositing via Form 26QB/26QC. No changes were made to this compliance framework.
Section 54 and Section 54EC — Exemption Limits Unchanged
- Section 54: Exemption on LTCG from property sale if reinvested in a new residential house within specified timelines. The ₹10 crore cap introduced in Budget 2023-24 continues.
- Section 54EC: Exemption up to ₹50 lakh if LTCG is invested in specified bonds (NHAI/REC) within 6 months of sale. The 5-year lock-in and ₹50 lakh annual limit remain unchanged.
FEMA Repatriation Limits
The Reserve Bank of India's USD 1 million per financial year repatriation limit from NRO accounts remains unchanged. This is an RBI regulation, not a budget item, but is frequently asked about during budget season.
6. Standard Deduction — ₹75,000 Under New Regime
The standard deduction for salaried taxpayers and pensioners was increased from ₹50,000 to ₹75,000 under the new regime in Budget 2024-25, and this continues unchanged in FY 2025-26.
NRI Applicability
This deduction is available to NRIs who earn salary or pension income that is taxable in India. Common scenarios:
- NRI receiving pension from a former Indian employer
- NRI on deputation who receives part of salary in India
- NRI who worked part of the year in India before relocating
Under the old regime, the standard deduction remains at ₹50,000.
7. Capital Gains Tax Rates — Budget 2024 Changes Still Effective
The major capital gains overhaul happened in Budget 2024-25 (Finance Act 2024), not the current budget. These rates continue in FY 2025-26 with no modifications.
Current Capital Gains Tax Rates for NRIs
| Asset | Holding Period for LTCG | LTCG Rate | STCG Rate |
|---|---|---|---|
| Listed equity / equity mutual funds | 12 months | 12.5% (above ₹1.25 lakh exemption) | 20% |
| Immovable property | 24 months | 12.5% flat or 20% with indexation (pre-July 2024 acquisitions) | Slab rates (up to 30%) |
| Unlisted shares | 24 months | 12.5% | Slab rates |
| Debt mutual funds | No LTCG benefit — taxed at slab rates regardless of holding period | — | Slab rates |
| Gold / jewellery | 24 months | 12.5% | Slab rates |
The Dual-Option for Property (Pre-July 2024 Acquisitions)
For properties acquired before 23 July 2024, NRIs still have the choice between:
- Option A: 20% tax with cost indexation (CII 2025-26 = 376)
- Option B: 12.5% flat rate without indexation
Compute both and pick the one that results in lower tax. For properties purchased many years ago where the CII multiplier is large, Option A (20% with indexation) is often better. For recently purchased properties, Option B (12.5% flat) typically wins.
8. Other Provisions Worth Noting
TAN Requirement Simplification
Budget 2025-26 streamlined TDS compliance for property transactions. Buyers can now use PAN-based challans for TDS deposits in certain cases, reducing the need to obtain a separate TAN (Tax Deduction Account Number). This is a procedural simplification that benefits both NRI sellers and their buyers.
TCS on Foreign Remittances
TCS (Tax Collected at Source) under Section 206C(1G) on remittances for education and medical treatment has been reduced from 5% to 2% for amounts exceeding ₹10 lakh where financed by a loan. While this primarily affects resident parents sending money abroad, it may also benefit NRI families financing education from Indian accounts.
Foreign Assets Disclosure Scheme 2026
The budget introduced a 6-month compliance window for individuals who missed disclosing foreign assets in prior returns. Under the scheme, those who failed to report foreign assets up to ₹5 crore in value — where taxes were already paid but the asset was not declared in Schedule FA — can settle with a flat fee of ₹1 lakh, avoiding the ₹10 lakh penalty per asset under the Black Money Act. This is relevant for returning NRIs or those who became resident and ordinary resident without updating their filings.
Frequently Asked Questions
Does the ₹12 lakh tax-free limit apply to NRIs?
No. The ₹12 lakh zero-tax benefit comes from the Section 87A rebate, which is available only to resident individuals. NRIs will pay tax on Indian-sourced income starting from the first rupee above ₹4 lakh under the new regime (Section 115BAC). An NRI earning ₹12 lakh from Indian sources will owe approximately ₹60,000 in tax under the new regime.
Did TDS rates change for NRI property sales?
No. Section 195 TDS on NRI property sales remains at 20% of the full sale consideration for LTCG (plus applicable surcharge and cess). The TDS rationalization in Budget 2025-26 reduced rates on several other payment types but did not modify Section 195. NRIs should continue to apply for a lower TDS certificate under Section 197 where applicable.
Should NRIs choose the old or new tax regime for FY 2025-26?
It depends on your deduction profile. The new regime offers lower slab rates but eliminates most deductions (80C, 80D, HRA, etc.). If your Indian income is primarily capital gains or rental income with limited deductions, the new regime is generally better. If you have substantial deductions (housing loan interest, insurance, PPF contributions), run the numbers under both regimes. The new regime is the default — you must opt out explicitly via Form 10-IEA if you prefer the old regime.
Can NRIs file an updated return for earlier years?
Yes. The ITR-U window has been extended to 48 months from the end of the relevant assessment year. This means returns for AY 2022-23 onward can still be updated (with additional tax of 25% to 70% depending on the delay). This is valuable for NRIs who missed filing due to being abroad or unaware of their Indian tax obligations.
Are capital gains tax rates changing in FY 2025-26?
No. The capital gains rates established in Budget 2024-25 continue unchanged: LTCG at 12.5% (with ₹1.25 lakh exemption for listed equity), STCG on listed equity at 20%, and the dual-option for property (12.5% flat or 20% with indexation for pre-July 2024 acquisitions). Section 54 (₹10 crore cap) and Section 54EC (₹50 lakh limit) exemptions are also unchanged.
What is the standard deduction for NRIs in FY 2025-26?
Under the new regime, the standard deduction is ₹75,000 for salaried individuals and pensioners. Under the old regime, it remains at ₹50,000. This is available to NRIs who earn salary or pension income taxable in India.
Action Items for NRIs — FY 2025-26
- Verify your regime choice. The new regime is the default. If the old regime is better for you, file Form 10-IEA before the ITR due date.
- Do not assume the ₹12 lakh tax-free threshold applies to you. It does not. Budget your tax liability accordingly.
- If selling property, apply for a Section 197 lower TDS certificate well in advance. The 20% TDS on the full sale price under Section 195 remains unchanged.
- Check if ITR-U is relevant. The extended 48-month window may allow you to correct missed filings from AY 2022-23 onward.
- Review your Schedule FA compliance if you are a returning NRI or RNOR. The Foreign Assets Disclosure Scheme 2026 provides a limited-window opportunity to regularize missed disclosures.
- Revisit your capital gains strategy. Rates are unchanged, but the dual-option for pre-July 2024 property acquisitions (20% indexed vs 12.5% flat) requires a case-by-case computation. Use the MKW Advisors capital gains calculator for a precise comparison.
Disclaimer: This guide is for educational purposes and reflects the law as applicable for FY 2025-26 (AY 2026-27). Tax laws are subject to change. For personalized advice on your specific situation, consult a qualified tax professional. MKW Advisors provides comprehensive NRI tax filing, advisory, and compliance services.
Published by MKW Advisors | Legal Suvidha & DigiComply Ecosystem