Renting out property in United Arab Emirates while living in India
United Arab Emirates's rules for a landlord living in India: ownership, the rent agreement, who withholds tax, and how the rent reaches you.
The short answers
- Can I own property in United Arab Emirates?
- A citizen of United Arab Emirates living abroad: Yes. An Emirati living abroad may buy anywhere, like any citizen.
- A foreign national: Yes, with conditions. Freehold, usufruct or a lease of up to 99 years, only in the areas each emirate designates: more than forty communities in Dubai under Regulation 3 of 2006, the investment zones in Abu Dhabi. No residency or visa is needed, and a non-resident holds a normal title deed.
- Does the rent agreement need registering?
- Every tenancy, of any length, must be registered. There is no short lease that escapes it.
- Who withholds tax on the rent, and how much?
- No withholding at source. No. The UAE has no personal income tax, and Cabinet Decision 49 of 2023 keeps real estate investment income earned by an individual outside corporate tax, whether the owner lives in the UAE or abroad, as long as the letting does not need a trade licence.
- How does the rent reach me in India?
- A non-resident may open an account at several UAE banks on a passport and proof of address, with limits; many absent owners instead have the broker collect rent into a client account and remit it.
- No capital controls and no exit tax. Rent moves abroad by bank transfer at the bank's exchange margin; the dirham is pegged to the US dollar.
- No limit on bringing it back. Income from an LRS investment may be retained and reinvested abroad; if it is not reinvested it must be repatriated within 180 days of receipt. The bank records the purpose as income from property abroad.
- Dirhams move to India by bank transfer or exchange house with no UAE restriction; India has no inbound limit and taxes the rent at slab rates with Schedule FA disclosure.
Because you are a citizen of
These follow your passport, wherever you live and wherever the property is.
Renting out property in United Arab Emirates
What applies because the property is in United Arab Emirates, whoever owns it.
Who may own residential property
| Citizens living in the country | Allowed Anywhere in the country. |
|---|---|
| Residents of any nationality | With conditions A resident foreign national buys in the same designated areas as any other foreigner; residency adds nothing to what may be owned. GCC nationals are treated like citizens in most emirates. |
| Citizens living abroad | Allowed An Emirati living abroad may buy anywhere, like any citizen. |
| Foreign nationals living abroad | With conditions Freehold, usufruct or a lease of up to 99 years, only in the areas each emirate designates: more than forty communities in Dubai under Regulation 3 of 2006, the investment zones in Abu Dhabi. No residency or visa is needed, and a non-resident holds a normal title deed. |
More on ownership
- Barred outright
- Land and property outside the designated areas, for anyone who is not a UAE or GCC national.
- Inheritance and gifts
- Property in a designated area passes to heirs of any nationality. Without a registered will, the courts may apply the deceased's home-country law for a non-Muslim, so most foreign owners register a will with the DIFC or Abu Dhabi courts.
- Owning through a company
- A company registered in the UAE may own in the designated areas; an offshore company needs the emirate's approval. Outside this guide.
Letting it out from abroad
- May a non-resident owner let it
- Yes. A non-resident owner may let a property in a designated area without a permit; nothing turns on where the owner lives.
- Licences, permits, landlord registration
- None for a long-term let. A furnished let of under three months needs a holiday-home permit from Dubai's Department of Economy and Tourism, and listings without one are removed and fined.
- Local agent or representative
- No. Most absent owners use a licensed broker or property manager, because Ejari registration, cheque collection and the Rental Dispute Centre all run on UAE identity and presence.
The rent agreement
- Written agreement required
- Yes. Dubai's Law 26 of 2007 requires every tenancy to be in writing and registered; a verbal letting has no standing.
- Mandatory standard form
- Dubai: the Ejari unified tenancy contract, with an addendum for any extra terms. Abu Dhabi: the Tawtheeq contract. Other emirates have their own municipal forms.
- Language
- The unified contracts are bilingual, Arabic and English; Arabic prevails before the courts.
- Registry
- Ejari, run by the Dubai Land Department's Real Estate Regulatory Agency, through the Dubai REST app or a typing centre. Tawtheeq, run by Abu Dhabi's Department of Municipalities and Transport through TAMM.
- When registration is required
- Every tenancy, of any length, must be registered. There is no short lease that escapes it.
- Who registers
- The landlord or the landlord's broker or manager, with the title deed, the signed contract and the tenant's Emirates ID; a non-resident owner registers on a passport. The tenant may start the registration but the landlord must approve it.
- Registration cost
- A fixed fee of a few hundred dirhams in Dubai, charged per registration, usually paid by the tenant. Abu Dhabi charges a small annual fee.
- If it is not registered
- An unregistered contract cannot be used at the Rental Dispute Centre, cannot connect utilities and cannot support a residence visa. In practice it does not exist.
- Stamp duty
- None. Ejari and Tawtheeq fees are the only government charge on a lease.
- Notarisation and witnesses
- Not applicable
- E-signature
- Valid under Federal Decree-Law 46 of 2021, which gives a qualified electronic signature the force of a handwritten one. In practice both parties sign the unified contract inside Dubai REST with UAE Pass, which needs an Emirates ID; a non-resident owner signs through a broker holding a power of attorney or signs on paper.
- The usual term
- One year, renewed annually. Longer terms exist but rent-increase rules and the eviction regime assume the annual cycle.
Rules the agreement must respect
- Deposit
- No statutory cap. Five percent of annual rent for an unfurnished home and ten percent for a furnished one is the Dubai norm, returned on handover less documented damage.
- Rent increases
- Dubai: only at renewal, only within the band the RERA rental index allows for that property against the area average, and only with ninety days' written notice before the contract ends. Abu Dhabi has no cap since 2013 beyond the contract and notice.
- Notice periods
- Either party must give ninety days' notice before the end of the contract to change its terms or not renew. A landlord who wants the property for sale, their own use or redevelopment must serve twelve months' notice through a notary public or registered post, and may not re-let it for two years after taking it back for own use.
- Disputes
- The Rental Dispute Centre in Dubai and the Rental Disputes Committee in Abu Dhabi, which only hear registered contracts. A landlord may not cut utilities or change the locks.
- Mandatory disclosures
- Not applicable
Tax when the landlord lives abroad
- Is the rent taxed here
- No. The UAE has no personal income tax, and Cabinet Decision 49 of 2023 keeps real estate investment income earned by an individual outside corporate tax, whether the owner lives in the UAE or abroad, as long as the letting does not need a trade licence.
- Withholding at source
- No
- Withholding rate
- Not applicable
- Who withholds
- Not applicable
- What the tenant must register
- Not applicable
- How to reduce it
- Not applicable
- Filing and tax ID
- No return and no tax number for an individual landlord. A UAE tax residency certificate from the Federal Tax Authority exists for residents who need to prove residence to another country's tax office.
- VAT or GST on rent
- Residential rent is exempt from VAT, and the first letting of a new building within three years of completion is zero-rated. Commercial rent carries five percent VAT.
- Municipal and housing fees
- Dubai charges a municipality housing fee, a share of the annual rent, collected monthly through the DEWA electricity and water bill and paid by whoever occupies the home. Service charges for common areas are the owner's.
Money inside the country
- How tenants pay
- Traditionally one to four post-dated cheques for the year, handed over at signing, which a bounced cheque makes enforceable. Bank transfer and direct debit have become common, and the unified contract records the schedule either way.
- Currency of rent
- AED
- Bank account for a non-resident owner
- A non-resident may open an account at several UAE banks on a passport and proof of address, with limits; many absent owners instead have the broker collect rent into a client account and remit it.
- Paying rent to an overseas account
- Allowed. Nothing stops a tenant paying an overseas account, though cheques and the Ejari record assume a local one.
- Taking rent out of the country
- No capital controls and no exit tax. Rent moves abroad by bank transfer at the bank's exchange margin; the dirham is pegged to the US dollar.
Living in India
What India asks of its residents who own and let property abroad.
Owning property abroad from here
- Buying abroad
- Allowed under the Liberalised Remittance Scheme: up to USD 250,000 per person per financial year, which relatives may pool for one property. Also by inheritance, by gift from a resident who owned it lawfully, or from income already held abroad.
- Reporting foreign assets and accounts
- Every resident reports foreign property, accounts and the income from them in Schedule FA of the annual return, with the rent itself in Schedule FSI. Leaving it out is penalised under the black money law.
- Tax at home on foreign rent
- Residents are taxed on worldwide income, so foreign rent is taxed in India at slab rates after the standard deduction. Tax paid abroad is credited through Form 67, filed before the return, under the treaty with that country or unilaterally where there is none.
- Bringing rent home
- No limit on bringing it back. Income from an LRS investment may be retained and reinvested abroad; if it is not reinvested it must be repatriated within 180 days of receipt. The bank records the purpose as income from property abroad.
- Digital identity for e-signing
- Aadhaar eSign signs any Indian document and a growing number of foreign platforms accept it. Where it is not accepted, a certificate-based digital signature from an Indian certifying authority, or the foreign platform's own e-signature, does the job.
Between India and United Arab Emirates
What applies to this pair of countries in particular.
- Tax treaty between the two countries
- Yes
- Withholding under the treaty
- Not applicable: the UAE withholds nothing on rent. The treaty gives India the right to tax a resident's UAE rent, with no UAE tax to credit.
- The usual vehicle for this corridor
- A Dubai broker or property manager who registers Ejari, collects the cheques and remits; the property is bought under the Liberalised Remittance Scheme.
- Banking blocks
- A non-resident owner can open a UAE account at some banks on a passport, but most rely on the manager's client account.
- Typical remittance route and cost
- Dirhams move to India by bank transfer or exchange house with no UAE restriction; India has no inbound limit and taxes the rent at slab rates with Schedule FA disclosure.
- What most people do
- Buy in a designated area under LRS, appoint a licensed manager, let on a one-year Ejari contract, and declare the rent in India each year.
Sources
- Dubai Land Department: Know your rights, for real estate investors in Dubai — dubailand.gov.ae
- Dubai Legislation Portal: Regulation No. 3 of 2006, areas for ownership by non-UAE nationals — dlp.dubai.gov.ae
- Dubai Legislation Portal: Law No. 26 of 2007 regulating landlords and tenants — dlp.dubai.gov.ae
- Dubai Land Department: tenancy guide (Ejari, rent increases, eviction notice) — dubailand.gov.ae
- Dubai Land Department: the Ejari unified tenancy contract — dubailand.gov.ae
- Dubai Land Department: Dubai REST, the owner, tenant and broker app — dubailand.gov.ae
- TAMM Abu Dhabi: register units for lease (Tawtheeq) — www.tamm.abudhabi
- Federal Tax Authority: corporate tax guide, real estate investment by natural persons — tax.gov.ae
- Ministry of Finance: Cabinet Decision No. 49 of 2023 (natural persons and corporate tax) — mof.gov.ae
- Federal Tax Authority: tax resident and tax residency certificate guide — tax.gov.ae
- UAE Government: Federal Decree-Law No. 46 of 2021 on electronic transactions and trust services — assets.u.ae
- UAE Pass, the national digital identity — uaepass.ae
- Income Tax Department of India: the India–UAE tax treaty — www.incometaxindia.gov.in
- RBI Master Direction: Acquisition and Transfer of Immovable Property under FEMA — www.rbi.org.in
- Ministry of External Affairs: acquisition and transfer of immovable property in India by NRIs and OCIs — www.mea.gov.in
- RBI FAQ: Accounts in India by Non-residents (NRE, NRO, current income) — www.rbi.org.in
- RBI FAQ: Remittance of Assets (the USD 1 million limit) — www.rbi.org.in
- RBI FAQ: Liberalised Remittance Scheme — www.rbi.org.in
- RBI FAQ: Purchase of immovable property outside India — www.rbi.org.in
- Income Tax Department: TDS rates, including section 195 for non-residents — www.incometaxindia.gov.in
- Income Tax Department: Form 13, certificate under section 197 for a lower or nil rate — www.incometaxindia.gov.in
- Income Tax Department: Form 15CA, remittance to a non-resident — www.incometaxindia.gov.in
- Income Tax e-filing portal: Form 67 FAQ, foreign tax credit — www.incometax.gov.in
- Income Tax e-filing portal: guide to Schedules FA, FSI and TR — www.incometax.gov.in
- The Registration Act, 1908 (Delhi Revenue Department copy), section 17 on leases — revenue.delhi.gov.in
- MeitY: The Information Technology Act, 2000 (sections 3, 3A and 10A) — www.meity.gov.in
- UIDAI: enrolment and update, who may enrol — uidai.gov.in
- UIDAI: NRI Aadhaar enrolment — uidai.gov.in
- PIB: Model Tenancy Act, states that have adopted it (25 July 2022) — www.pib.gov.in
- PIB: draft Model Tenancy Act, the security deposit cap (11 July 2019) — www.pib.gov.in
- StockHolding e-Stamping, the Central Record Keeping Agency — www.shcilestamp.com
- IGR Maharashtra: leave and licence e-registration and stamp duty — igrmaharashtra.gov.in
- GST Council: Notification 12/2017-Central Tax (Rate), exemption for residential dwellings — gstcouncil.gov.in
- CBIC: Notification 04/2022-Central Tax (Rate), renting to a registered person — cbic-gst.gov.in
- Controller of Certifying Authorities: digital signature certificates — cca.gov.in
- Delhi Police: citizen services, including tenant registration — delhipolice.gov.in