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NRI · Tax Guide

NRI Taxation

Tax rules, TDS, and refund process for Non-Resident Indian investors in mutual funds.

Who Qualifies as an NRI?

A Non-Resident Indian (NRI) is an Indian citizen who resides outside India for purposes of employment, business, or any other purpose indicating their intention to stay outside India for an uncertain duration.

Tax Residency Test (Income Tax Act)

You are considered a Non-Resident for tax purposes if you have been in India for:

Less than 182 days during the financial year, OR
Less than 60 days in the financial year AND less than 365 days in the preceding 4 years

Note

Your residential status can change from year to year based on your physical presence in India. Always determine your status for each financial year separately.

Prerequisites for NRI Mutual Fund Investment

Required Documents

01Valid Indian passport
02PAN (Permanent Account Number) card
03Overseas address proof
04Passport-sized photograph
05KYC documents (Aadhaar, Driving License, etc.)

Bank Account Requirements

NRE Account

Non-Resident External — for income earned abroad

NRO Account

Non-Resident Ordinary — for income earned in India

You can invest using either NRE or NRO accounts, but repatriation rules differ.

Tax Rates for NRIs on Mutual Funds

Important

NRIs are taxed at the same capital gains tax rates as resident Indians. However, TDS (Tax Deducted at Source) is applicable on capital gains for NRIs.

Equity Mutual Funds

Short-Term (≤ 12 months)

20%

TDS: 20% + surcharge + cess

Long-Term (> 12 months)

12.5%

On gains exceeding ₹1.25 lakh

TDS: 12.5% + surcharge + cess

Debt Mutual Funds & Other Schemes

Taxed at Income Tax Slab Rate

Debt funds, hybrid funds with <65% equity, and international FoFs.

TDS Rate: 30%

Unlike resident Indians, TDS is deducted at a flat rate of 30% (plus surcharge and cess) on capital gains for NRIs from debt mutual funds.

Tax Deducted at Source (TDS)

When you redeem your mutual fund units and make a capital gain, the AMC deducts TDS before crediting the redemption amount to your account.

TDS Rates Summary for NRIs

Equity STCG20% + surcharge + cess
Equity LTCG12.5% + surcharge + cess
Debt / Other funds30% + surcharge + cess (generally)

DTAA Benefits

India has Double Taxation Avoidance Agreements (DTAA) with over 90 countries. If you are a resident of a DTAA country, you may be eligible for lower TDS rates.

To claim DTAA benefits:

1.Obtain a Tax Residency Certificate (TRC) from your country of residence
2.Fill and submit Form 10F online
3.Mention the relevant DTAA article when filing ITR

How to Claim TDS Refund

Good to know

If the TDS deducted is more than your actual tax liability, you can claim a refund by filing an Income Tax Return (ITR) in India.

When you can claim a refund

01

No Other India Income

If you have no other income in India besides capital gains, and your total income is below the taxable limit

02

Excess TDS

TDS was deducted at a higher rate (e.g., 30%) but your actual tax liability is lower based on your income slab

03

DTAA Benefits

You qualify for lower TDS rates under DTAA but higher TDS was deducted

Step-by-step refund process

01

Gather Documents

Form 26AS (Tax Credit Statement), Form 16A (TDS Certificate), capital gains statement from mutual fund, bank account details for refund.

02

File Income Tax Return

File ITR-2 (for capital gains) on the Income Tax e-filing portal at www.incometax.gov.in. The system will automatically calculate refund.

03

Verify Your ITR

Within 30 days of filing, verify using Aadhaar OTP, Net Banking, or by sending a signed physical copy to CPC Bangalore.

04

Receive Refund

After successful verification, the refund will be credited to your bank account within 30–90 days.

Important Deadline

You must file your ITR within the due date (usually July 31st) to claim a refund. For FY 2024–25 (ending March 31, 2025), file by July 31, 2025.

Example Scenario

NRI with only capital gains income

LTCG from Equity Funds

₹2,00,000

TDS Deducted (12.5%)

₹25,000

Tax Calculation

Exemption₹1,25,000 (tax-free)
Taxable LTCG₹75,000 (₹2,00,000 − ₹1,25,000)
Actual Tax @ 12.5%₹9,375

Refund Eligible: ₹15,625

TDS Deducted ₹25,000 − Actual Tax ₹9,375 = ₹15,625

Additional Tips for NRI Investors

Maintain proper records of all investments, redemptions, and TDS certificates.
If you have a DTAA certificate, submit it to your mutual fund to get lower TDS deduction upfront.
Consult a tax advisor familiar with both Indian tax laws and your country's tax laws to optimise your tax situation.
Consider investing through NRE accounts for easier repatriation of funds.
File ITR even if not mandatory to claim refunds and maintain tax compliance.