For Non-Resident Indians with Indian assets, the tax landscape grows more complex every year. A practical guide to what you owe, what treaties protect you, and what has changed in FY 2024–25.
Of all the categories of clients who approach Dixit Legal, Non-Resident Indians present the most consistently misunderstood tax position. Whether you are an NRI in the Gulf, the UK, the US, or Singapore — with property in Lucknow, a bank account in UP, or family assets in India — your Indian tax obligations are both real and manageable, provided you understand the rules and take timely advice.
The Finance Act 2024 introduced several changes relevant to NRIs. This article covers the key points and common pitfalls.
Your Indian tax liability is determined by your residential status under the Income Tax Act, 1961, not by your passport or visa. The rules are as follows:
As an NRI, you are taxed in India on the following income sourced in India:
Interest on Non-Resident External (NRE) accounts and Foreign Currency Non-Resident (FCNR) deposits remains fully exempt from Indian tax — one of the most significant benefits available to NRIs.
India has Double Taxation Avoidance Agreements (DTAA) with 90+ countries. These treaties prevent you from being taxed on the same income in both India and your country of residence. Key countries and rates relevant to NRIs:
| Country | Dividend TDS (Treaty Rate) | Interest TDS (Treaty Rate) | Capital Gains |
|---|---|---|---|
| USA | 15% / 25% | 15% | Taxable in India (immovable property) |
| UK | 15% | 15% | Taxable in India (immovable property) |
| UAE | N/A (no tax) | 12.5% | Taxable in India |
| Canada | 15% / 25% | 15% | Taxable in India |
| Singapore | 10% / 15% | 15% | Taxable in India |
To claim DTAA benefits, an NRI must obtain a Tax Residency Certificate (TRC) from their country of residence and file Form 10F with the Indian tax authorities. From FY 2022–23, electronic filing of Form 10F is mandatory. Many NRIs have been denied treaty benefits and subjected to higher TDS simply because this filing was missed — a costly and entirely avoidable problem.
When an NRI sells property in India, the buyer is required to deduct TDS at 20% on the sale consideration (plus applicable surcharge and cess, which can take the effective rate to 22–23%). This applies regardless of the purchase price or the actual capital gain — which can result in grotesque over-deduction.
The remedy is a Lower Deduction Certificate under Section 197 of the Income Tax Act, applied for in advance from the Income Tax Officer of the jurisdiction in which the property is located. This certificate directs the buyer to deduct TDS only on the actual capital gain, not the entire sale price. We routinely obtain these certificates for NRI clients — saving significant amounts and avoiding the 12–18 month wait for refunds.
The Foreign Exchange Management Act (FEMA) governs what NRIs can hold, buy, repatriate, and transfer in India. The key rules are:
NRIs can freely repatriate the following from their NRO accounts: (a) current income (rent, dividend, interest) up to USD 1 million per financial year, and (b) sale proceeds of property, subject to payment of all applicable taxes and RBI conditions. Funds in NRE accounts are fully repatriable without limit.
NRIs can hold and purchase residential and commercial property in India freely. They cannot, however, purchase agricultural land, plantation property, or a farmhouse without RBI permission. Violations of this rule can result in confiscation of the property and significant penalties under FEMA.
An NRI can inherit any property in India, including agricultural land, from a resident Indian. However, they cannot acquire such property by purchase. The distinction matters greatly in estate planning — and a properly structured Will can make a significant difference to how Indian assets pass to NRI beneficiaries.
Key changes relevant to NRIs in the Finance Act 2024 include: