NRIs Should Know These Things About Taxing Indian Equity Gains

Antara

Understanding Capital Gains: NRIs are taxed on capital gains from Indian equities depending on the type of investment and holding period.

Short-Term vs Long-Term Gains: Equity gains held under one year are short-term and taxed higher, while long-term gains get concessional rates.

Tax Rate on Long-Term Gains: Long-term capital gains above ₹1 lakh are taxed at 10% without indexation benefits for NRIs under Indian law.

Tax Rate on Short-Term Gains: Short-term capital gains on listed shares are taxed at 15% for NRIs under Section 111A of the Income Tax Act.

Double Taxation Avoidance Agreement (DTAA): DTAA helps NRIs avoid paying tax twice, once in India and again in their resident country.

TDS on Equity Transactions: For NRIs, Indian brokers deduct Tax Deducted at Source (TDS) on capital gains before crediting sale proceeds.

Repatriation Rules: NRIs must ensure sale proceeds are transferred via NRE or NRO accounts following RBI’s repatriation and FEMA rules.

Filing ITR in India: Even if TDS is deducted, NRIs must file an Indian income tax return if taxable income exceeds the threshold.

Using DTAA to Claim Refunds: NRIs can claim refunds or tax credits in their home country by submitting DTAA certificates during filing.

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