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Mint
19-05-2025
- Business
- Mint
Do NRIs have to pay tax on mutual fund gains in India?
India's tax laws under the Income Tax Act, 1961, define how mutual fund investments by non-resident Indians (NRIs) are taxed. For equity-oriented mutual funds, NRIs are subject to a 20% tax on short-term capital gains (STCG) and a 12.5% tax on long-term capital gains (LTCG). The taxation is different for debt mutual funds purchased on or after 1 April 2024, which are always considered short-term in nature and taxed according to the investor's applicable income slab rate. For other categories of mutual funds, STCG is taxed at the investor's slab rate, while LTCG is taxed at a flat rate of 12.5%. If debt mutual funds were acquired before the 1 April 2024 threshold, the gains are taxed under the same STCG and LTCG framework as other mutual funds. Given these high tax rates, NRIs may hesitate before investing in Indian mutual funds. However, tax liability should not be viewed in isolation. India has signed Double Taxation Avoidance Agreements (DTAA) with several countries, which in some cases allow capital gains to be taxed exclusively in the investor's country of residence. Under certain DTAAs, the 'residual clause" becomes critical. This clause provides exclusive taxing rights to the country where the seller resides—offering an exemption from capital gains tax in India, so long as the asset is not classified as immovable property or shares of an Indian company. Also read: For some NRIs, capital gains from Indian mutual funds are tax-free Case study: Singapore resident gets relief A recent ruling by the Mumbai Income Tax Appellate Tribunal (ITAT) has clarified the application of this exemption. In the case, the assessee was a non-resident Indian who qualified as a tax resident of Singapore. He had earned short-term capital gains by selling equity mutual fund units and claimed that these gains were exempt from tax in India under Article 13 of the India–Singapore DTAA. However, the assessing officer disagreed and attempted to tax the gains on the grounds that the mutual fund units derived value from Indian assets. The Mumbai Tribunal ruled in favour of the assessee, citing precedent in a similar case. It held that capital gains from the transfer of mutual fund units should not be covered under Article 13(4), which deals with shares of an Indian company, but rather under Article 13(5), which pertains to 'property other than shares." This distinction is crucial, as it effectively exempts such capital gains from taxation in India under the India–Singapore DTAA. Consequently, the assessee was entitled to tax relief. This ruling has come as a surprise to many in the investor community. While this exemption has always existed under certain tax treaties, many eligible NRIs are unaware of it and therefore miss the opportunity to claim the benefit. Also read: Decoding dual taxation: What NRIs need to know for better tax efficiency Mutual fund houses typically deduct tax at source (TDS) on capital gains from NRIs regardless of treaty applicability, and this deduction is based on standard NRI rates. If excess tax is deducted, the investor must file a tax return in India to claim a refund. If a return is not filed, no refund will be issued. To avail the exemption, an NRI must meet certain criteria. They must be a tax resident of a country that has a DTAA with India featuring the residual clause—such as Singapore, the UAE, Mauritius, the Netherlands, Spain, and Portugal—and the country of residence must not levy tax on the capital gains in question. The tax relief applies only to capital gains from assets other than Indian immovable property or shares. Investing via portfolio manager? In that case, both the interpretation and taxation would have been different. The gains from the sale of units by the portfolio manager, purchased on behalf of the investor, may be subject to tax in such a scenario. It is therefore essential for NRIs to keep detailed records to prove direct ownership and investment activity. Bank statements should clearly show that the funds were directly invested in mutual fund units and that the sale proceeds were credited directly to the assessee's account by the fund house. Also read: ITR filing: Why you shouldn't rush to file taxes as soon as the portal opens NRIs must also ensure that they declare their NRI status to mutual fund houses at the time of investment, understand the applicable tax structures, and take currency fluctuations into account when evaluating investment returns. This ruling serves as a reminder that the tax benefits under DTAA agreements are not automatically granted—they must be properly claimed and supported with appropriate documentation. Though the exemption has been part of the legal framework, this ruling helps clarify its applicability and confirms that NRIs from select countries can rightfully claim relief. However, the exemption holds only if the country of residence does not impose its own tax on capital gains. With proper planning and awareness, NRIs can legitimately reduce their tax liability on mutual fund investments in India. Also read: Storm in a teacup: Should Indian workers in the UK be exempt from payroll tax? Jigar Mansatta is a chartered accountant based in Jamnagar.
News18
21-04-2025
- Business
- News18
No Income Tax On Exchange Of Old Flats For New Ones, Says Mumbai ITAT
Last Updated: When individuals exchange their old flats for new ones as part of redevelopment projects, they will not be liable to pay tax under Section 56 of the Income Tax Act, as per Mumbai ITAT. In a landmark ruling, the Mumbai Income Tax Appellate Tribunal (ITAT) has offered major relief to homeowners participating in redevelopment projects. The tribunal clarified that when individuals exchange their old flats for new ones as part of such projects, they will not be liable to pay tax under Section 56 of the Income Tax Act, which deals with 'income from other sources". The case in question involved a taxpayer, Anil Pitale, who had purchased a flat in 1997-98 and later exchanged it for a newly redeveloped unit in December 2017. The Income Tax Department had previously treated the difference between the stamp duty value of the new flat (Rs 25.17 lakh) and the indexed cost of the old one (Rs 5.43 lakh) — amounting to Rs 19.74 lakh — as taxable income under Section 56(2)(x). This classification was also upheld by the Commissioner of Income Tax (Appeals). However, the ITAT set aside this assessment, stating that the transaction represented an 'extinguishment of rights in the old flat," rather than a case of receiving immovable property without adequate consideration. As a result, the tribunal held that Section 56(2)(x) does not apply to such redevelopment deals. The tribunal also emphasized that such transactions could instead be governed by capital gains tax provisions. In such cases, homeowners may be eligible to claim deductions under Section 54 of the Income Tax Act, which allows for tax exemption on capital gains if the proceeds are reinvested in a new residential property. 'The tax authorities were not correct in law in assessing the impugned transaction under Section 56(2)(x)… Accordingly, we set aside the order passed by Ld CIT(A) and direct the AO to delete the addition," the ITAT said in its order.
