Do NRI pay capital gains tax in India?

Asked by: Kurtis Hoeger V  |  Last update: August 31, 2025
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For non-resident Indians (NRIs), long-term capital gains are subject to a flat tax* rate of 20%. Short-term capital gains are taxed at the applicable income tax slab rates based on the NRI's total taxable income in India.

What is the capital gains tax for NRI in India?

NRIs are subject to Tax Deducted at Source (TDS) at applicable rates on capital gains, irrespective of any threshold value. The TDS rate is 10% for equity-related capital gains and 20% (post-indexation) for non-equity investments.

Do NRI have to pay tax for property sale in India?

What is the TDS on sale of property by NRI in India? As an NRI, if you sell a property in India, the buyer deducts 20% as Tax Deducted at Source (TDS) as Long Term Capital Gains Tax for properties sold after two years. For properties sold before 2 years, the TDS rate is 30%, deducted as Short Term Capital Gains Tax.

Do foreigners pay capital gains tax in India?

Basic rule as per Article 13(1) - Capital Gain earned by a resident of a Foreign Country on sale of immovable property (situated in India), can be taxed in India. The Foreign Country can also tax the Capital Gain. It is immaterial whether property is residential or commercial.

What is the new rule for NRI in India?

The income tax provisions for NRIs are not subject to age, gender, or any other specification. Therefore, you will have to pay the necessary tax for the income earned in India beyond ₹2.5 lakhs.

How to Pay Zero Tax on Capital Gain for NRIs?

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Is NRI taxed in India in 2024?

NRIs must file tax returns in India if their total annual income exceeds Rs 2.5 lakh under the old regime or Rs 3 lakh under the new regime. Tax slabs under the old tax regime (FY 2024-25): No tax is payable on income up to Rs 2.5 lakh. For income between Rs 2.5 lakh and Rs 5 lakh, a 5% tax applies.

Who is exempt from capital gains tax in India?

Capital gains up to Rs 1.25 lakh per year (equity) are exempted from capital gains tax. Long-term capital gain tax rate on equity investments/shares will continue to be charged at 12.5% on the gains. On the other hand, short-term capital gains tax on shares or equity investments will be charged at 15%.

Do NRIs need to file tax in India?

NRIs have to pay income tax on income earned in India. NRIs have to pay tax on income that accrues or arises in India. NRIs also need to pay tax on income which is deemed to accrue or arise in India. Money received or deemed to be received in India is taxable.

How can I avoid capital gains in India?

Strategies to Save Capital Gains Tax on Property Sales
  1. Joint Ownership. ...
  2. Reducing Selling Expenses. ...
  3. Holding Period. ...
  4. Availing Indexation Benefit. ...
  5. Buying a New Property (Exemption under Sec 54) ...
  6. Buying a New Residential Property (Exemption under Sec 54F) ...
  7. Tax Loss Harvesting. ...
  8. Investing in Bonds (Exemption under Sec 54EC)

Is it a good idea for NRI to buy property in India?

Yes, it is a good idea for NRIs to buy property in India, as it offers long-term growth, potential rental income, and a stable asset in a growing market.

Is money from property sold in India taxed in the US?

If you're a US citizen or Green Card holder and you sell property in India, you must report the sale to the IRS under capital gains. The US taxes your worldwide income, which means that any taxable event, like selling property, has to be reported to the IRS, even if it happened in India.

How to not pay capital gains tax?

9 Ways to Avoid Capital Gains Taxes on Stocks
  1. Invest for the Long Term. ...
  2. Contribute to Your Retirement Accounts. ...
  3. Pick Your Cost Basis. ...
  4. Lower Your Tax Bracket. ...
  5. Harvest Losses to Offset Gains. ...
  6. Move to a Tax-Friendly State. ...
  7. Donate Stock to Charity. ...
  8. Invest in an Opportunity Zone.

Does OCI pay tax in India?

Taxation of OCIs

If an OCI is classified as a resident under these criteria, their global income will be taxed in India. “Any earnings, regardless of location, will be subject to Indian income tax," says Pallav Pradyumn Narang, partner, CNK. If classified as a non-resident, their taxation is different.

Can an NRI inherit property in India?

NRIs/PIOs/OCIs can inherit assets as per the prevailing FEMA regulations as well as the rules under the IT Act, 1961. Though inheriting assets in India incurs no taxability, the subsequent sale or any income generated from these assets may incur tax liability.

How can NRI save tax in India?

NRIs can take advantage of Double Taxation Avoidance Agreements (DTAA) between India and their country of residence. DTAA allows NRIs to avoid being taxed twice on the same income. NRIs may get relief by claiming tax credits or exemptions depending on the agreement with their country.

What is the new NRI rule in India?

NRIs are mainly Indian citizens residing abroad and persons of Indian origin who visit India for less than 182 days in the whole financial year. But as per new income tax rules, the government reduced the tenure from 182 days to 120 days for all those NRIs whose annual income exceeds Rs 15 Lakhs.

Do I have to file taxes in India if I live in USA?

Just because you reside in the U.S. does not mean you have to go back to India to file your Indian income tax return. Today, there exists a process of electronically filing your returns, allowing you to do your job without having to physically go to India.

How long can an NRI stay in India without paying tax?

Unlike residents, NRIs are not required under the law to pay tax on overseas earnings or declare foreign assets. However, if they overstay - spending more than 181 days in a year in India - tax and disclosure regulations, as related to residents, apply to them.

At what age do you no longer have to pay capital gains tax in India?

Consequently, individuals aged 60 years or above with an annual income of up to Rs 3 lakh, as well as those aged 80 years or older with a yearly income of up to Rs 5 lakh, will be exempt from capital gains tax.

Who is exempt from capital gains?

A capital gains rate of 0% applies if your taxable income is less than or equal to: $47,025 for single and married filing separately; $94,050 for married filing jointly and qualifying surviving spouse; and. $63,000 for head of household.

What is the capital gains tax for non resident in India?

Long-term capital gains are taxed at 20%. Do note that long-term capital gains earned by NRIs are subject to a TDS of 20%. NRIs can claim exemptions under Section 54, Section 54EC, and Section 54F on long-term capital gains.

Which income of NRI is taxable in India?

Non-resident Indians (NRIs) are taxed on income earned or collected in India. This could be from sources like property rent, share dividends, and investment and savings capital gains, if over a specified limit. Income earned outside India is not taxable in India.

What is the capital gains tax rate for non residents?

A flat tax of 30 percent (or lower treaty) rate is imposed on U.S. source capital gains in the hands of nonresident individuals present in the United States for 183 days or more during the taxable year.

What is the new regime for long-term capital gains?

Long Term Capital Gain Tax. Long-term capital gains (LTCG) refer to the profit made from selling shares or other assets held for over 12 months. In Budget 2024, the LTCG tax rate saw an increase from 10% to 12.5%, while the exemption limit was raised to Rs. 1.25 lakh from the previous Rs. 1 lakh.