Quick Answer (TL;DR)
The 10% you hear about is two separate taxes. Individual tenant → individual landlord: landlord pays 10% municipal ghar bahal kar at the ward (KMC =10%; other municipalities vary — confirm your ward's Economic Act). Company/business tenant → any landlord: tenant withholds 10% federal TDS to IRD. You generally pay only one on the same rent — per the 2025 Adhikari ruling — but a follow-on division-bench decision reopened aspects with cases pending, so keep all receipts and check current status before paying.
Two Different Taxes — Same 10% Name
Who Pays Which Tax?
2025 Supreme Court Rule — No Double Tax
Overlapping claims (ward asking for 10% while IRD already withheld 10% on company-to-company rent) were addressed by the 2025 Supreme Court (Adhikari ruling): local house-rent tax applies only where the lessor is a natural person; rent to a company is federal withholding only. However, a follow-on division-bench decision reopened aspects of this split with cases pending — so treat the exclusivity as the current working rule, not a final settled guarantee. If a ward demands municipal tax on a company-to-company lease already under TDS, cite the ruling and the Income Tax Act exclusion of natural-person house rent from "rent" definition, keep the federal TDS proof, keep both receipts where both are demanded, and check current status on ird.gov.np / at your ward before paying.
How to Calculate (Both Paths)
Municipal tax = Annual Rent × Municipal Rate (e.g., 10% in KMC)
Federal TDS = Rent Payment × 10% (withheld by business tenant at payment)Example: Rs 30,000/month in Kathmandu
Where & How to Pay: Ward vs IRD
Final vs Adjustable
Common Mistakes to Avoid
- Paying both taxes on the same rent without checking — generally only one applies (2025 Adhikari ruling), but follow-on litigation is pending, so keep both receipts where both are demanded and check current status
- Withholding TDS as an individual tenant to a natural-person landlord (Sec 88 proviso says no — per IRD reading, verify current notice)
- Assuming 10% is universal — each municipality sets its own rate in its Economic Act; always check the local Economic Act at the ward
- Treating a ward receipt and an IRD e-TDS certificate as interchangeable (different collectors, different ledgers)
- Forgetting the landlord still declares municipal-taxed rent nowhere else vs TDS landlord who needs the e-TDS certificate for proof
Checklist
- Identify landlord (individual vs company/firm) and tenant (individual vs business) — that picks the path
- Confirm municipality rate (10% KMC; elsewhere your ward's Economic Act rate) vs federal 10%
- Calculate annual rent × rate; decide net-to-landlord per lease wording
- Municipal path: declare at ward with lease + ID; keep receipt
- Federal path: tenant withholds at payment, deposits by 25th next Nepali month (per IRD notice — verify current deadline), issues e-TDS certificate within 15 days (per IRD notice — verify)
- Keep both the lease and the tax receipt/certificate for the whole fiscal year; where both taxes are demanded, keep both receipts and check current ruling status
Official Sources & Final Note
Sources: Income Tax Act 2058 Sec 88 (and proviso on house rent to natural persons) + Sec 92 (final withholding) — full text via lawcommission.gov.np; Local Government Operation Act 2074; Kathmandu Metropolitan City Finance Act (10%); IRD notices (ird.gov.np) and Taxpayer Portal; and the 2025 Supreme Court Adhikari ruling on municipal vs federal rent tax (Pioneer Law summary) plus the follow-on division-bench decision (cases pending). Verify your municipality's current rate at the ward where the property sits.
Last updated: September 27, 2026. Rechecked as of October 2026. Municipal rates are set per local Economic Act each FY and can change; federal withholding follows the annual Finance Act. Verify at your ward / ird.gov.np before paying. SolutionsNepal is an educational guide, not a tax advisor.
Frequently asked questions
What is the house rent tax rate in Kathmandu?
10% of annual rent. Kathmandu Metropolitan City levies 10% municipal ghar bahal kar on individual-to-individual rent. Other municipalities set their own rate in each municipal Economic Act — varies by municipality, confirm at the ward where the property sits.
Who pays house rent tax — landlord or tenant?
Municipal tax: landlord is statutorily liable (tenant only if the lease assigns it). Federal TDS: the business/company tenant withholds 10% and deposits to IRD; the landlord receives net rent + TDS certificate.
Do I pay both municipal tax and federal TDS?
On the same rent, generally only one applies: individual tenant → municipal tax (landlord pays at ward); business/company tenant → federal 10% TDS (tenant withholds to IRD). Per the 2025 Adhikari ruling, federal tax covers legal persons and local tax covers natural persons — but a follow-on division-bench decision reopened aspects with cases pending, so keep both receipts where relevant and check current status on ird.gov.np / at your ward before paying.
Is individual-to-individual rent subject to TDS?
No. Under Income Tax Act 2058 Sec 88 proviso, an individual paying house rent to a natural person does not withhold TDS (per IRD reading — verify current notice). The landlord declares the rent in the annual return; for final-withholding cases the 10% at ward is the full tax.
Is rent to a company taxed differently?
Yes. Rent paid to a company/firm/entity is 10% federal withholding (withholder = payer). That municipality does not levy ghar bahal kar on the same company-to-company rent — federal TDS applies alone (per the 2025 ruling logic — confirm current status as follow-on litigation is pending).
How do I calculate it?
Individual→individual (KMC): Rs 30,000×12 = Rs 3,60,000 ×10% = Rs 36,000 municipal tax at ward. Company tenant: same gross, tenant withholds Rs 36,000 to IRD, pays landlord Rs 3,24,000.
Where do I pay?
Municipal tax: ward office of the property's municipality (self-declaration, monthly/quarterly/annual). Federal TDS: tenant deposits via IRD portal (connectIPS/eSewa) within 25 days of Nepali month-end and issues e-TDS certificate within 15 days — per IRD notice, verify current deadlines on ird.gov.np.
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