If you are an NRI planning to move back to India, the years around your return are a rare tax-planning window.

While you are still a non-resident and for the Resident but Not Ordinarily Resident (RNOR) period of up to three years after you land, your foreign income largely sits outside the Indian tax net.

Pair this window with US instruments that are themselves built to defer or avoid US tax, and you can earn solid dollar returns while paying tax in neither country.

This note covers three such instruments. From safest to riskiest: BOXX, FCNR(B) deposits, and STRC (plus two more low risk dollar options, US Treasuries and municipal bonds)

One principle to keep in mind “Tax free” is not the same as “risk free.” These three instruments sit at very different points on the risk scale. BOXX and FCNR are genuinely defensive while STRC is a high yield, higher risk instrument that happens to be tax efficient. Match each to the right sleeve of your portfolio, not just to its headline yield.

1. BOXX: Treasury like dollar returns, tax-deferred

BOXX (the Alpha Architect 1–3 Month Box ETF) invests in “box spreads” on S&P 500 Index options.

This is four legged option positions that lock in a fixed payoff at expiry, one to three months out.

The result behaves like a short term Treasury bill: a known return with essentially no credit or market risk if held to maturity.

The fund has grown to roughly $11.4 billion in assets (May 2026) and has tracked T-bill like yields of around 4%.

The tax trick: BOXX is built to defer, not distribute. Instead of paying out taxable interest like a money market fund, it reinvests its income and flushes accumulated gains out through in kind redemptions.

You receive no taxable distributions, the fund’s NAV simply rises. You owe nothing until you sell and then it is taxed as a capital gain, not interest.

Why this matters for a returning NRI: because the gain is deferred, you choose the year you realise it.

Sell while you are still NRI or RNOR and the capital gain is foreign source income that India generally does not tax.

If you have also exited US tax residency by then, a non resident alien typically pays no US tax on the sale of a US listed ETF either (unless present in the US 183+ days that year).

Used well, the gain can escape tax on both sides.

The BOXX risk: reclassification BOXX’s benefit rests on its returns being treated as deferred capital gains. The IRS could treat box-spread returns as ordinary interest income. If reclassified, a US person would pay ordinary rates up to 37% (vs ~20% on long-term gains), a non-resident alien could face up to 30% US withholding on the interest, reduced to 15% under the US–India treaty with a Form W-8BEN. Realising inside the NRI/RNOR window is the best hedge against this.

2. FCNR(B) — 6–7% in USD, tax free in India (potentially tax free worldwide)

The RBI recently opened a special foreign-currency swap window, absorbing banks’ hedging cost on fresh 3–5 year FCNR(B) deposits booked up to 30 September 2026 31 August 2026 (the window has been cut short by the RBI so move quickly on this).

USD FCNR rates jumped from 2.5–3.5% to 6% to over 7% — with no currency risk (you deposit dollars and are repaid in dollars) and interest that is tax free in India for non residents.

The short version:

• Book before you land. You must be an NRI to open an FCNR deposit. Lock a five year tenure while still abroad to carry today’s elevated rate for years.
• Tax-free through RNOR. FCNR (and RFC) interest is exempt under Section 10(15) while you are NRI and during your RNOR years after returning.
• Time limited rates. The elevated pricing is tied to the RBI window closing 31 August 2026, the high rates are unlikely to last beyond it.

Reyman Tip — The play for FCNR is that once you become a Non Resident Alien, USA will not tax your FCNR interest. And India will not tax you during the Non Resident/ RNOR period. So you can earn dollar interest without paying taxes anywhere in the world.

3. STRC: 11.5% “return of capital” dividends, untaxed today

STRC is Strategy’s (formerly MicroStrategy) variable Rate Series A Perpetual Stretch Preferred Stock.

It is priced at a $100 stated value and the issuer adjusts the monthly dividend to keep the price hovering near $100.

The annualised rate is 11.5%, paid in cash, a strikingly high dollar yield.

The tax feature is what puts it on this list. Strategy reports that it has no accumulated or current earnings & profits for US tax purposes, and does not expect to for the foreseeable future.

As a result, 100% of 2025 STRC distributions were treated as a non taxable return of capital (ROC) rather than dividend income.

ROC is treated as getting your own money back: it is not taxed as income, it simply reduces your cost basis, and only once basis hits zero does any excess become a capital gain.

Stacking the two jurisdictions for a returning NRI:

• In the US: to the extent distributions are return of capital, there is no US income tax on them, and for a non resident alien, ROC is not US source dividend income subject to the 30% withholding that normally applies to dividends.
• In India: during your NRI and RNOR years, foreign dividends (and foreign capital gains) are outside the Indian tax net so long as they are not received in or controlled from India. So the same income India would tax for an ordinary resident stays exempt while you are RNOR.

STRC is NOT a defensive, capital protected instrument Be clear-eyed: STRC is preferred equity of a company whose balance sheet is concentrated in Bitcoin. The 11.5% yield is high precisely because the risk is real. It depends on Strategy’s solvency and is exposed, indirectly, to Bitcoin’s volatility. The price targets ~$100 but is not guaranteed to hold it, dividends are variable and can be changed, and the ROC treatment lasts only while the company has no earnings & profits (if that changes, distributions could become taxable dividends). Treat STRC as a high yield, high risk satellite holding (never as the safe ballast of your portfolio).

4. Two more clean options: US Treasuries and municipal bonds

US Treasuries (or T-bill ETFs like SGOV, BIL)

The genuinely risk free benchmark.

Backed by the US government, currently yielding roughly 3.7% (short bills) to 4.5% (10-year).

For a non resident alien, interest on US Treasuries is exempt from US tax under the portfolio interest rules (file a Form W-8BEN), and it is foreign income that India does not tax during your NRI/RNOR years.

The catch versus BOXX: Treasury interest is taxable to a US person, so the full “tax-free both sides” benefit only applies once you have become an NRA. Fully liquid, unlike FCNR.

US municipal bonds (or muni bond ETFs)

Municipal bond interest is exempt from US federal income tax for everyone (US persons and non resident aliens alike)

This is foreign income exempt in India during RNOR. That makes munis a clean “tax free in both countries” defensive holding even before you change residency.

The trade offs: yields are lower than Treasuries (because of the tax break), and you take interest rate and some credit risk. A simple national muni ETF spreads that risk.

>

RBI has decided to close the swap window for FCNR early and close it by 31 August. This was 30 September earlier.

RBI Notification: https://www.rbi.org.in/scripts/BS_PressReleaseDisplay.aspx?prid=63378

For Non Residents, who are still on the fence, now is the time to open up an FCNR to lock in higher interest rates (6%+). Move quickly because banks take a ridiculous amount of time to get this done

We saw a lot of questions about 44ADA and tax for freelancers/ remote workers - so we wrote an extremely comprehensive article. Hope you guys find it useful:

If you earn a living as a freelancer, consultant or independent professional, your tax life is governed by two completely separate laws:
- Income Tax, and
- Goods and Services Tax (GST).

Getting them confused is the single most common mistake we see.

This guide explains both, with a deep dive into the section every freelancer eventually hears about (Section 44ADA) and what your options are once your receipts approach the ₹75 lakh mark.

1. Income Tax vs GST - two different worlds

Suppose you bill ₹1 crore for professional services to Indian clients.

GST applies at 18% on most services.
Income tax applies on your income at slab rates. These are added on top of each other and behave very differently.

GST	Income Tax
Type	Indirect tax
Who bears it	Your client
On ₹1 crore	₹18,00,000 collected & paid to govt.
Out of pocket?	Usually no — client pays

Note: in some arrangements you may end up absorbing GST yourself. We cover that scenario in the GST section below.

2. Income tax for freelancers

Your freelancing income is taxable under the head “Profits and gains of business or profession”.

In principle you should maintain full books, deduct every legitimate expense, and pay tax on the net profit.

Most professionals don’t need to, because of Section 44ADA.

2.1 The legendary Section 44ADA

Section 44ADA is a presumptive taxation scheme. Instead of tracking actual expenses, the law presumes your taxable profit is 50% of your gross receipts.

You pay tax on that half at your normal slab rates, and the other half is treated as your costs. No questions asked, no bills to produce.

New name, same scheme - Section 44ADA is now Section 58: Section 44ADA belongs to the Income-tax Act, 1961. Under the new Income-tax Act, 2025 (in force from 1 April 2026), all the presumptive schemes (the old 44AD, 44ADA and 44AE) have been consolidated into a single provision, Section 58. The substance is unchanged: 50% presumptive profit and the ₹50 lakh / ₹75 lakh limits all carry over. So when you see Section 44ADA in older guides, read it as Section 58 (professionals) from FY 2026-27 onwards.

Who can use it?

• Resident individuals and resident partnership firms (but NOT an LLP).
• Who carry on a notified profession (see list below).
• Whose gross receipts are within the turnover limit for the year.

Eligible professions

• Legal
• Medical
• Engineering
• Architecture
• Accountancy
• Technical consultancy
• Interior decoration
• Film artists (actor, director, music director, art director, dance director, cameraman, singer, lyricist, story/screenplay/dialogue writer, editor, producer, costume designer) and authorised representatives.

Software developers and many other knowledge professionals typically qualify under “technical consultancy*”*.

If you’re unsure whether your work fits, this is worth confirming. This changes which section you fall under.

2.2 The turnover limit — ₹75 lakh (with a catch)

The headline limit for Section 44ADA is ₹75 lakh of gross receipts in a financial year. But this higher limit is conditional:

Reyman Tips: You get the ₹75 lakh limit only if cash receipts during the year do not exceed 5% of total gross receipts. If more than 5% of your receipts are in cash, the limit drops back to ₹50 lakh. (For this purpose, payments received by cheque or bank draft that are not account payee are treated as cash)

In practice, freelancers who collect via bank transfer, UPI, cards or remittances from overseas clients comfortably meet the 95%-digital condition and enjoy the full ₹75 lakh ceiling.

2.3 How it works — an example

Tony, an Indian resident, provides software development services to a US company. He earns ₹40,00,000 and incurs only ₹2,00,000 of actual expenses in India. Compare the two routes:

Under Section 44ADA	Under normal provisions
Gross receipts	₹40,00,000
Deemed / actual expenses	₹20,00,000 (50%)
Taxable income	₹20,00,000

Tony is taxed on just ₹20,00,000 under 44ADA versus ₹38,00,000 otherwise

2.4 My real expenses are well under 50%. Can I still use it?

Yes. The whole point of presumptive taxation is that your actual expenses are not examined.

You may declare 50% as income and keep the rest tax-free in the eyes of this section.

2.5 Benefits

Key benefits:

• No need to maintain books of account under Section 44AA.
• No requirement to get accounts audited under Section 44AB.
• Simpler return filing (ITR-4) and easier advance-tax compliance. (The full presumptive tax can be paid in a single instalment by 15 March - more on this below)

3. What to do when you cross ₹75 lakh

You’ve relied on Section 44ADA for years. Now your receipts are about to cross ₹75 lakh.

The worry is real: cross the line by even ₹1 and you lose presumptive treatment.

Suddenly you'll have to maintain books, may need a tax audit, and your effective tax outgo can jump sharply because you can no longer presume away half your income.

Unfortunately, There is no one size fits all answer. This depends entirely on the facts of your case. These are the levers we commonly explore:

• Restructuring how revenue is earned and recognised across the right mix of individual and entity (Partnership Firm, LLP, Company)
• Setting up a separate entity (eg. a company or partnership firm) where the economics and compliance genuinely justify it.
• Evaluating Section 44AD and other presumptive routes where the nature of work permits.
• Timing and planning of receipts so a single bumper year doesn’t push you over the edge unnecessarily.

4.1 Freelance income alongside a full-time salary

Maya works a day job and earns ₹50,00,000 salary (after deductions). On the side she earns ₹45,00,000 from freelance work via platforms like Upwork. She also invests ₹1,50,000 in PPF.

Her salary is taxed under the salary head. Her ₹45,00,000 freelance receipts are professional income eligible for Section 44ADA, so only ₹22,50,000 (50%) is added as taxable professional income. Salary plus presumptive professional income, less Chapter VI-A deductions, is then taxed at slab rates. (Note: the new tax regime restricts many deductions — the right regime should be chosen on the numbers.)

4.2 Services rendered only to an overseas company

Ravi provides services full-time to a single US company that has no presence in India. He is paid ₹2,00,000 per month - ₹24,00,000 a year.

Even though this feels like salary, with no Indian employer it is professional income, taxed under business/profession. He can use Section 44ADA and offer ₹12,00,000 (50%) to tax at slab rates. GST also enters the picture — see below.

5. Advance tax - pay as you earn

If your total tax for the year (after TDS) is ₹10,000 or more, you can’t wait until the ITR to pay it.

The law expects you to pay tax in instalments during the year itself. This is advance tax.

Freelancers are squarely in its scope, because clients rarely deduct enough TDS to cover the full liability.

5.1 The big concession for presumptive taxpayers

This is one of the best kept perks of Section 44ADA / Section 58.

If you opt for presumptive taxation, you are exempt from the usual four instalment schedule and may pay your entire advance tax in a single instalment by 15 March of the financial year. One payment, once a year.

5.2 The standard schedule (if you’re NOT presumptive)

Freelancers who maintain books and pay on actual profits (for example, after crossing ₹75 lakh) follow the regular four instalment calendar:

Due date	Cumulative advance tax payable	Instalment
15 June	15% of total tax	15%
15 September	45% of total tax	30%
15 December	75% of total tax	30%
15 March	100% of total tax	25%

5.4 Miss it and interest kicks in

Shortfalls aren’t free. Interest applies. Broadly 1% per month on the shortfall. More on this in a different article soon.

6. GST for freelancers

GST is an indirect tax normally borne by your client. For services, the common rate is 18%.

But two things catch freelancers out:
- when you must register, and
- when GST quietly comes out of your own pocket.

6.1 When you must register

A service provider must register for GST once aggregate turnover exceeds ₹20 lakh in a financial year (₹10 lakh in some special category states).

Turnover includes both domestic and export services.

6.2 Exports are zero-rated — file an LUT

If you serve overseas clients, your exports of services are zero rated ie the effective GST is nil.

There are two ways to achieve this:

1. Pay IGST and claim a refund, or
2. File a Letter of Undertaking (LUT), which lets you export without paying GST at all.

For most exporters the LUT route is preferable because it avoids blocking cash flow in refund cycles.

6.3 When GST comes out of your pocket

Suppose Tony serves an Indian company for ₹40,00,000 and the client insists the fee is all inclusive. They won’t pay GST on top.

The 18% then has to be carved out of what Tony receives, reducing his real income.

This is why your contracts should always state clearly whether fees are inclusive or exclusive of GST.

6.4 Crossing the ₹20 lakh GST threshold

For most people, simply registering for GST and staying compliant is the easiest path. In a few unusual cases (like the all-inclusive domestic contract above) GST can be a genuine burden, and the structure of how revenue is earned needs a closer look.

We spent today's day working on this article. Hope this community finds it useful.

If you are a Non Resident Indian sitting on US dollars, the last few days have changed the math on where you park them.

The Reserve Bank of India opened a special foreign currency swap window for banks, and within 48 hours Indian banks repriced their FCNR deposits sharply higher.

USD deposits that paid 3.5% a week ago are now fetching 6% to over 7%, completely free of currency risk and free of tax in India. Here is the full picture and how to act on it.

1. Latest FCNR deposit rates across banks

We spent some time on finding FCNR rates from all major banks so you don't have to:

Bank (USD FCNR-B)	3 yr	4 yr	5 yr
AU Small Finance Bank	7.10%	7.00%	7.00%
Karur Vysya Bank	7.00%	7.00%	7.00%
ICICI Bank	6.00%	6.00%	6.00%
Kotak Mahindra Bank (≤ $1M)	6.00%	6.00%	6.00%
Kotak Mahindra Bank (> $1M)	6.15%	6.15%	6.15%
HDFC Bank	6.00%	6.00%	6.00%
Axis Bank	6.00%	6.00%	6.00%
Bank of Baroda	5.50%	5.75%	6.00%
Central Bank of India	6.00%	6.00%	6.00%
State Bank of India (≤ $1M)	5.25%	5.50%	5.75%
State Bank of India (> $1M)	5.50%	5.75%	6.00%

The window is time-limited

The RBI is bearing the hedging cost only on deposits booked up to 30 September 2026. The elevated rates are tied to this window, so the attractive pricing is unlikely to last indefinitely.

2. How this compares with HYSAs, US CDs and Treasuries

Feature	FCNR(B) USD	US HYSA	US CD	US Treasury
Typical yield (USD)	6.0%–7.1% (3–5 yr)	3.0%–4.5%	3.7%–4.25%	3.7%–4.55%
Where held	Indian bank	US bank / fintech	US bank	US government
Tax on interest	Tax free in India for NRIs*	Taxable in US	Taxable in US	Federal taxable, state exempt
Liquidity	1 yr lock; 3–5 yr term	Fully liquid	Locked to maturity	Liquid (secondary mkt)
Currency risk	None	None	None	None
Backing	Indian bank (DICGC ₹5L)	FDIC $250k	FDIC $250k	Full faith & credit of US

High-yield savings accounts (HYSA) — specific providers

Provider	APY (approx.)	Notes
SoFi	4.50%	With qualifying direct deposit (else ~1.20%)
Marcus by Goldman Sachs	4.25%	No fees, no minimum
Discover	4.25%	No fees, no minimum
Ally Bank	4.20%	No fees, no minimum
American Express (Amex)	4.00%	No fees, no minimum
Revolut	4.00% – 5.50%	Standard 4.00%, Metal plan up to 5.50% (caps apply)
Synchrony	3.40%	ATM card; fee reimbursements
Wealthfront (Cash)	3.30%	+0.25% with direct deposit
Capital One 360	3.00%	No fees, no minimum

US certificates of deposit (CDs) — specific banks

Bank	1-yr APY	Range (all terms)	Notes
First National Bank of America	3.95%	3.60–4.25%	Peak 4.25%
TAB Bank	4.00%	4.00–4.20%	1–5 yr; $1,000 min
Popular Direct	4.11%	3.30–4.11%	$10,000 min
E*TRADE (Morgan Stanley)	4.10%	4.00–4.10%	No minimum
Marcus by Goldman Sachs	3.90%	3.70–4.00%	$500 min
Synchrony Bank	4.00%	0.25–4.00%	No minimum
American Express	3.30%	3.00–3.30%	No minimum

US Treasury yields

Treasuries are the risk-free benchmark — backed by the US government, exempt from state and local tax, and easy to sell before maturity. The current curve (approximate):

US Treasury maturity	Yield (approx., mid-Jun 2026)
3 months	3.70%
6 months	3.75%
1 year	3.85%
2 years	4.13%
3 years	4.15%
5 years	4.25%
10 years	4.55%
30 years	5.03%

Across every one of these dollar alternatives, FCNR(B) is now paying more

The trade off is liquidity. A HYSA and Treasuries stay accessible, while FCNR locks your money for the term. The right answer usually involves a mix: keep an emergency buffer liquid in a HYSA and term out the dollars you won’t need for 3–5 years into FCNR.

3. Planning to return to India? Lock in before you land

This window is especially valuable if you are thinking about moving back to India in the next few years.

The single most important point: you must be a non-resident (NRI) to open an FCNR deposit. 

Once you return for good and become a resident, that door closes for new FCNR deposits. So the play is to book your FCNR deposits while you are still abroad to lock today’s elevated rate for years.

Doing so before you land gives you three advantages at once:

• you capture the scheme’s high USD rate for the full term,
• you keep the interest tax free in India through your non resident years,
• you extend that tax free treatment into your post return RNOR period (explained below).

Timing the booking around your move can be worth several years of tax free, above market dollar interest.

4. Returned to India for good? Can you still hold FCNR?

Short answer - Yes. Under FEMA, when an FCNR account holder becomes a resident of India, the deposit may continue until maturity at the originally contracted rate. You don’t have to break it the day you land. What you cannot do is open a fresh FCNR deposit as a resident.

At maturity you have two clean options:

• You can convert the proceeds to rupees in a resident account, or
• move them into a Resident Foreign Currency (RFC) account. An RFC account is designed exactly for returning NRIs. It lets you continue holding foreign currency as a resident, with flexibility to remit abroad later, subject to FEMA rules.

The tax angle is where planning pays off. FCNR (and RFC) interest is exempt from Indian tax as long as your residential status is Resident but Not Ordinarily Resident (RNOR). Most returning NRIs qualify as RNOR for up to 2 to 3 years after moving back.

During that RNOR window your FCNR/RFC interest stays tax free in India. Once you become an ordinary resident (ROR), the interest becomes taxable like any other resident fixed deposit, and TDS applies. Summary:

• While abroad (NRI): open FCNR, interest tax free in India.
• Just returned (RNOR): existing FCNR continues to maturity, interest still tax free, convert to RFC at maturity to keep dollars.
• Ordinary resident (ROR): no new FCNR, existing FCNR/RFC interest becomes taxable in India.

5. What the RBI actually did

FCNR(B) deposits are fixed deposits NRIs hold in a foreign currency (USD, GBP, EUR, etc.) with an Indian bank. The bank takes your dollars and pays you a fixed dollar rate. You carry no rupee exchange rate risk because you put in dollars and take out dollars.

The catch has always been the bank’s hedging cost. To use those dollars in India the bank must hedge the currency, so the rate it could pass on to you stayed low.

Under the new scheme the RBI itself absorbs that entire hedging cost on fresh 3-5 year FCNR(B) deposits until 30 September 2026. With the hedging burden lifted, banks can pass roughly 200–300 basis points more to depositors. The aim is to attract foreign capital and support the rupee. The last time the RBI ran a comparable scheme, in 2013, it pulled in around $34 billion.

6. The bottom line

Whether you’re building a defensive allocation, parking dollars you won’t need for a few years, or planning a return to India, this is a window worth using deliberately rather than missing.

We saw a lot of questions about 44ADA and tax for freelancers/ remote workers - so we wrote an extremely comprehensive article. Hope you guys find it useful:

If you earn a living as a freelancer, consultant or independent professional, your tax life is governed by two completely separate laws:
- Income Tax, and
- Goods and Services Tax (GST).

Getting them confused is the single most common mistake we see.

This guide explains both, with a deep dive into the section every freelancer eventually hears about (Section 44ADA) and what your options are once your receipts approach the ₹75 lakh mark.

1. Income Tax vs GST — two different worlds

Suppose you bill ₹1 crore for professional services to Indian clients.

GST applies at 18% on most services.
Income tax applies on your income at slab rates. T

hese are added on top of each other and behave very differently.

	GST	Income Tax
Type	Indirect tax	Direct tax
Who bears it	Your client	You
On ₹1 crore	₹18,00,000 collected & paid to govt.	Tax on income at slab rates
Out of pocket?	Usually no — client pays	Yes

Note: in some arrangements you may end up absorbing GST yourself. We cover that scenario in the GST section below.

2. Income tax for freelancers

Your freelancing income is taxable under the head “Profits and gains of business or profession”.

In principle you should maintain full books, deduct every legitimate expense, and pay tax on the net profit.

Most professionals don’t need to — because of Section 44ADA.

2.1 The legendary Section 44ADA

Section 44ADA is a presumptive taxation scheme. Instead of tracking actual expenses, the law presumes your taxable profit is 50% of your gross receipts.

You pay tax on that half at your normal slab rates, and the other half is treated as your costs. No questions asked, no bills to produce.

New name, same scheme - Section 44ADA is now Section 58 Section 44ADA belongs to the Income-tax Act, 1961. Under the new Income-tax Act, 2025 (in force from 1 April 2026), all the presumptive schemes — the old 44AD, 44ADA and 44AE — have been consolidated into a single provision, Section 58. The substance is unchanged: 50% presumptive profit and the ₹50 lakh / ₹75 lakh limits all carry over. So when you see Section 44ADA in older guides, read it as Section 58 (professionals) from FY 2026-27 onwards.

Who can use it?

• Resident individuals and resident partnership firms (but NOT an LLP).
• Who carry on a notified profession (see list below).
• Whose gross receipts are within the turnover limit for the year.

Eligible professions

• Legal
• Medical
• Engineering
• Architecture
• Accountancy
• Technical consultancy
• Interior decoration
• Film artists (actor, director, music director, art director, dance director, cameraman, singer, lyricist, story/screenplay/dialogue writer, editor, producer, costume designer) and authorised representatives.

Software developers and many other knowledge professionals typically qualify under “technical consultancy*”*.

If you’re unsure whether your work fits, this is worth confirming. This changes which section you fall under.

2.2 The turnover limit — ₹75 lakh (with a catch)

The headline limit for Section 44ADA is ₹75 lakh of gross receipts in a financial year. But this higher limit is conditional:

Reyman Tips: You get the ₹75 lakh limit only if cash receipts during the year do not exceed 5% of total gross receipts. If more than 5% of your receipts are in cash, the limit drops back to ₹50 lakh. (For this purpose, payments received by cheque or bank draft that are not account payee are treated as cash)

In practice, freelancers who collect via bank transfer, UPI, cards or remittances from overseas clients comfortably meet the 95%-digital condition and enjoy the full ₹75 lakh ceiling.

2.3 How it works — an example

Tony, an Indian resident, provides software development services to a US company. He earns ₹40,00,000 and incurs only ₹2,00,000 of actual expenses in India. Compare the two routes:

	Under Section 44ADA	Under normal provisions
Gross receipts	₹40,00,000	₹40,00,000
Deemed / actual expenses	₹20,00,000 (50%)	₹2,00,000 (actual)
Taxable income	₹20,00,000	₹38,00,000

Tony is taxed on just ₹20,00,000 under 44ADA versus ₹38,00,000 otherwise

2.4 My real expenses are well under 50%. Can I still use it?

Yes. The whole point of presumptive taxation is that your actual expenses are not examined.

You may declare 50% as income and keep the rest tax-free in the eyes of this section.

2.5 Benefits

Key benefits:

• No need to maintain books of account under Section 44AA.
• No requirement to get accounts audited under Section 44AB.
• Simpler return filing (ITR-4) and easier advance-tax compliance. (The full presumptive tax can be paid in a single instalment by 15 March - more on this below)

3. What to do when you cross ₹75 lakh

You’ve relied on Section 44ADA for years. Now your receipts are about to cross ₹75 lakh.

The worry is real: cross the line by even ₹1 and you lose presumptive treatment.

Suddenly you'll have to maintain books, may need a tax audit, and your effective tax outgo can jump sharply because you can no longer presume away half your income.

Unfortunately, There is no one size fits all answer. This depends entirely on the facts of your case. These are the levers we commonly explore:

• Restructuring how revenue is earned and recognised across the right mix of individual and entity (Partnership Firm, LLP, Company)
• Setting up a separate entity (eg. a company or partnership firm) where the economics and compliance genuinely justify it.
• Evaluating Section 44AD and other presumptive routes where the nature of work permits.
• Timing and planning of receipts so a single bumper year doesn’t push you over the edge unnecessarily.

4.1 Freelance income alongside a full-time salary

Maya works a day job and earns ₹50,00,000 salary (after deductions). On the side she earns ₹45,00,000 from freelance work via platforms like Upwork. She also invests ₹1,50,000 in PPF.

Her salary is taxed under the salary head. Her ₹45,00,000 freelance receipts are professional income — eligible for Section 44ADA, so only ₹22,50,000 (50%) is added as taxable professional income. Salary plus presumptive professional income, less Chapter VI-A deductions, is then taxed at slab rates. (Note: the new tax regime restricts many deductions — the right regime should be chosen on the numbers.)

4.2 Services rendered only to an overseas company

Ravi provides services full-time to a single US company that has no presence in India. He is paid ₹2,00,000 per month — ₹24,00,000 a year.

Even though this feels like salary, with no Indian employer it is professional income, taxed under business/profession. He can use Section 44ADA and offer ₹12,00,000 (50%) to tax at slab rates. GST also enters the picture — see below.

5. Advance tax — pay as you earn

If your total tax for the year (after TDS) is ₹10,000 or more, you can’t wait until the ITR to pay it.

The law expects you to pay tax in instalments during the year itself. This is advance tax.

Freelancers are squarely in its scope, because clients rarely deduct enough TDS to cover the full liability.

5.1 The big concession for presumptive taxpayers

This is one of the best kept perks of Section 44ADA / Section 58.

If you opt for presumptive taxation, you are exempt from the usual four instalment schedule and may pay your entire advance tax in a single instalment by 15 March of the financial year. One payment, once a year.

5.2 The standard schedule (if you’re NOT presumptive)

Freelancers who maintain books and pay on actual profits (for example, after crossing ₹75 lakh) follow the regular four instalment calendar:

Due date	Cumulative advance tax payable	Instalment
15 June	15% of total tax	15%
15 September	45% of total tax	30%
15 December	75% of total tax	30%
15 March	100% of total tax	25%

5.4 Miss it and interest kicks in

Shortfalls aren’t free. Interest applies. Broadly 1% per month on the shortfall. More on this in a different article soon.

6. GST for freelancers

GST is an indirect tax normally borne by your client. For services, the common rate is 18%.

But two things catch freelancers out:
- when you must register, and
- when GST quietly comes out of your own pocket.

6.1 When you must register

A service provider must register for GST once aggregate turnover exceeds ₹20 lakh in a financial year (₹10 lakh in some special category states).

Turnover includes both domestic and export services.

6.2 Exports are zero-rated — file an LUT

If you serve overseas clients, your exports of services are zero rated ie the effective GST is nil.

There are two ways to achieve this:

1. Pay IGST and claim a refund, or
2. File a Letter of Undertaking (LUT), which lets you export without paying GST at all.

For most exporters the LUT route is preferable because it avoids blocking cash flow in refund cycles.

6.3 When GST comes out of your pocket

Suppose Tony serves an Indian company for ₹40,00,000 and the client insists the fee is all inclusive. They won’t pay GST on top.

The 18% then has to be carved out of what Tony receives, reducing his real income.

This is why your contracts should always state clearly whether fees are inclusive or exclusive of GST.

6.4 Crossing the ₹20 lakh GST threshold

For most people, simply registering for GST and staying compliant is the easiest path. In a few unusual cases (like the all-inclusive domestic contract above) GST can be a genuine burden, and the structure of how revenue is earned needs a closer look.

We saw a lot of questions about 44ADA and tax for freelancers/ remote workers - so we wrote an extremely comprehensive article. Hope you guys find it useful:

If you earn a living as a freelancer, consultant or independent professional, your tax life is governed by two completely separate laws:
- Income Tax, and
- Goods and Services Tax (GST).

Getting them confused is the single most common mistake we see.

This guide explains both, with a deep dive into the section every freelancer eventually hears about (Section 44ADA) and what your options are once your receipts approach the ₹75 lakh mark.

1. Income Tax vs GST — two different worlds

Suppose you bill ₹1 crore for professional services to Indian clients.

GST applies at 18% on most services.
Income tax applies on your income at slab rates. T

hese are added on top of each other and behave very differently.

	GST	Income Tax
Type	Indirect tax	Direct tax
Who bears it	Your client	You
On ₹1 crore	₹18,00,000 collected & paid to govt.	Tax on income at slab rates
Out of pocket?	Usually no — client pays	Yes

Note: in some arrangements you may end up absorbing GST yourself. We cover that scenario in the GST section below.

2. Income tax for freelancers

Your freelancing income is taxable under the head “Profits and gains of business or profession”.

In principle you should maintain full books, deduct every legitimate expense, and pay tax on the net profit.

Most professionals don’t need to — because of Section 44ADA.

2.1 The legendary Section 44ADA

Section 44ADA is a presumptive taxation scheme. Instead of tracking actual expenses, the law presumes your taxable profit is 50% of your gross receipts.

You pay tax on that half at your normal slab rates, and the other half is treated as your costs. No questions asked, no bills to produce.

New name, same scheme - Section 44ADA is now Section 58 Section 44ADA belongs to the Income-tax Act, 1961. Under the new Income-tax Act, 2025 (in force from 1 April 2026), all the presumptive schemes — the old 44AD, 44ADA and 44AE — have been consolidated into a single provision, Section 58. The substance is unchanged: 50% presumptive profit and the ₹50 lakh / ₹75 lakh limits all carry over. So when you see Section 44ADA in older guides, read it as Section 58 (professionals) from FY 2026-27 onwards.

Who can use it?

• Resident individuals and resident partnership firms (but NOT an LLP).
• Who carry on a notified profession (see list below).
• Whose gross receipts are within the turnover limit for the year.

Eligible professions

• Legal
• Medical
• Engineering
• Architecture
• Accountancy
• Technical consultancy
• Interior decoration
• Film artists (actor, director, music director, art director, dance director, cameraman, singer, lyricist, story/screenplay/dialogue writer, editor, producer, costume designer) and authorised representatives.

Software developers and many other knowledge professionals typically qualify under “technical consultancy”.

If you’re unsure whether your work fits, this is worth confirming. This changes which section you fall under.

2.2 The turnover limit — ₹75 lakh (with a catch)

The headline limit for Section 44ADA is ₹75 lakh of gross receipts in a financial year. But this higher limit is conditional:

Reyman Tips: You get the ₹75 lakh limit only if cash receipts during the year do not exceed 5% of total gross receipts. If more than 5% of your receipts are in cash, the limit drops back to ₹50 lakh. (For this purpose, payments received by cheque or bank draft that are not account payee are treated as cash)

In practice, freelancers who collect via bank transfer, UPI, cards or remittances from overseas clients comfortably meet the 95%-digital condition and enjoy the full ₹75 lakh ceiling.

2.3 How it works — an example

Tony, an Indian resident, provides software development services to a US company. He earns ₹40,00,000 and incurs only ₹2,00,000 of actual expenses in India. Compare the two routes:

	Under Section 44ADA	Under normal provisions
Gross receipts	₹40,00,000	₹40,00,000
Deemed / actual expenses	₹20,00,000 (50%)	₹2,00,000 (actual)
Taxable income	₹20,00,000	₹38,00,000

Tony is taxed on just ₹20,00,000 under 44ADA versus ₹38,00,000 otherwise

2.4 My real expenses are well under 50%. Can I still use it?

Yes. The whole point of presumptive taxation is that your actual expenses are not examined.

You may declare 50% as income and keep the rest tax-free in the eyes of this section.

2.5 Benefits

Key benefits:

• No need to maintain books of account under Section 44AA.
• No requirement to get accounts audited under Section 44AB.
• Simpler return filing (ITR-4) and easier advance-tax compliance. (The full presumptive tax can be paid in a single instalment by 15 March - more on this below)

3. What to do when you cross ₹75 lakh

You’ve relied on Section 44ADA for years. Now your receipts are about to cross ₹75 lakh.

The worry is real: cross the line by even ₹1 and you lose presumptive treatment.

Suddenly you'll have to maintain books, may need a tax audit, and your effective tax outgo can jump sharply because you can no longer presume away half your income.

Unfortunately, There is no one size fits all answer. This depends entirely on the facts of your case. These are the levers we commonly explore:

• Restructuring how revenue is earned and recognised across the right mix of individual and entity (Partnership Firm, LLP, Company)
• Setting up a separate entity (eg. a company or partnership firm) where the economics and compliance genuinely justify it.
• Evaluating Section 44AD and other presumptive routes where the nature of work permits.
• Timing and planning of receipts so a single bumper year doesn’t push you over the edge unnecessarily.

4.1 Freelance income alongside a full-time salary

Maya works a day job and earns ₹50,00,000 salary (after deductions). On the side she earns ₹45,00,000 from freelance work via platforms like Upwork. She also invests ₹1,50,000 in PPF.

Her salary is taxed under the salary head. Her ₹45,00,000 freelance receipts are professional income — eligible for Section 44ADA, so only ₹22,50,000 (50%) is added as taxable professional income. Salary plus presumptive professional income, less Chapter VI-A deductions, is then taxed at slab rates. (Note: the new tax regime restricts many deductions — the right regime should be chosen on the numbers.)

4.2 Services rendered only to an overseas company

Ravi provides services full-time to a single US company that has no presence in India. He is paid ₹2,00,000 per month — ₹24,00,000 a year.

Even though this feels like salary, with no Indian employer it is professional income, taxed under business/profession. He can use Section 44ADA and offer ₹12,00,000 (50%) to tax at slab rates. GST also enters the picture — see below.

5. Advance tax — pay as you earn

If your total tax for the year (after TDS) is ₹10,000 or more, you can’t wait until the ITR to pay it.

The law expects you to pay tax in instalments during the year itself. This is advance tax.

Freelancers are squarely in its scope, because clients rarely deduct enough TDS to cover the full liability.

5.1 The big concession for presumptive taxpayers

This is one of the best kept perks of Section 44ADA / Section 58.

If you opt for presumptive taxation, you are exempt from the usual four instalment schedule and may pay your entire advance tax in a single instalment by 15 March of the financial year. One payment, once a year.

5.2 The standard schedule (if you’re NOT presumptive)

Freelancers who maintain books and pay on actual profits (for example, after crossing ₹75 lakh) follow the regular four instalment calendar:

Due date	Cumulative advance tax payable	Instalment
15 June	15% of total tax	15%
15 September	45% of total tax	30%
15 December	75% of total tax	30%
15 March	100% of total tax	25%

5.4 Miss it and interest kicks in

Shortfalls aren’t free. Interest applies. Broadly 1% per month on the shortfall. More on this in a different article soon.

6. GST for freelancers

GST is an indirect tax normally borne by your client. For services, the common rate is 18%.

But two things catch freelancers out:
- when you must register, and
- when GST quietly comes out of your own pocket.

6.1 When you must register

A service provider must register for GST once aggregate turnover exceeds ₹20 lakh in a financial year (₹10 lakh in some special category states).

Turnover includes both domestic and export services.

6.2 Exports are zero-rated — file an LUT

If you serve overseas clients, your exports of services are zero rated ie the effective GST is nil.

There are two ways to achieve this:

1. Pay IGST and claim a refund, or
2. File a Letter of Undertaking (LUT), which lets you export without paying GST at all.

For most exporters the LUT route is preferable because it avoids blocking cash flow in refund cycles.

6.3 When GST comes out of your pocket

Suppose Tony serves an Indian company for ₹40,00,000 and the client insists the fee is all inclusive. They won’t pay GST on top.

The 18% then has to be carved out of what Tony receives, reducing his real income.

This is why your contracts should always state clearly whether fees are inclusive or exclusive of GST.

6.4 Crossing the ₹20 lakh GST threshold

For most people, simply registering for GST and staying compliant is the easiest path. In a few unusual cases (like the all-inclusive domestic contract above) GST can be a genuine burden, and the structure of how revenue is earned needs a closer look.

A few months ago, we set out on the goal to write the most comprehensive article on Foreign Equity in India. It's taken us a while, but this article is finally completed. We cover everything from Tax to Reporting requirements for Foreign Stocks, RSUs and ESPPs in India.

Section 01

Who This Applies To: Residential Status & Scope

The Indian tax system taxes individuals based on residential status, not citizenship. Your obligations differ significantly depending on whether you are a Resident and Ordinarily Resident (ROR), Resident but Not Ordinarily Resident (RNOR), or Non-Resident (NR).

Status	Indian income	Foreign income	Foreign asset reporting
ROR	Fully taxable	Fully taxable	Mandatory (Schedule FA)
RNOR	Fully taxable	Only if derived from India	Not required
NR	Fully taxable	Not taxable in India	Not required

Rule of thumb

Most employees at Indian MNC subsidiaries receiving stock compensation from a foreign parent are RORs. This guide primarily addresses ROR individuals, for whom all global income is taxable in India.

You are an ROR if you have been resident in India for at least 2 of the preceding 10 years AND for at least 730 days in the preceding 7 years.

Section 02

Restricted Stock Units (RSUs): Two-event Taxation

RSUs are taxed at two distinct moments: vesting and sale. Confusing these two events is the most common mistake made by employees.

Event 1 — Grant

No tax event. RSUs are merely a promise of future shares. Nothing is included in income at grant.

Event 2 — Vesting

Taxable as salary income. The fair market value (FMV) of shares on the vesting date, converted to INR, is treated as a perquisite under Section 17(2)(vi) of the Income Tax Act. Your employer is required to withhold TDS.

Event 3 — Sale

Taxable as capital gains. The difference between the sale price and the FMV at vesting (your cost of acquisition) is a capital gain or loss. Holding period is counted from the date of vesting.

Computing the perquisite at vesting

Perquisite Value = FMV on vesting date (in USD) × INR/USD rate on vesting date × Number of shares vested

The applicable exchange rate is the SBI TT buying rate as prescribed by the Income Tax Rules. Some employers use the RBI reference rate — check your Form 16 for the rate used.

Cost of acquisition for capital gains

The FMV that was taxed as salary at vesting becomes your cost of acquisition for capital gains purposes. You are not taxed twice on the same appreciation.

Capital Gain = Sale Proceeds (INR) − FMV at Vesting (INR)

Example

100 shares vest when ACME Corp trades at $50.
The INR/USD rate is ₹83.→ Perquisite = 100 × $50 × 83 = ₹4,15,000 added to salary;
TDS deducted by employer.
6 months later, shares are sold at $60.
INR rate is ₹84.→ Sale proceeds = 100 × $60 × 84 = ₹5,04,000→ Cost = ₹4,15,000
Short-term capital gain = ₹89,000 (held < 24 months)

Partial-year residents

If you were resident in India for only part of the vesting period, some employers apportion the perquisite. The Indian tax authority's position is that all perquisite is taxable in India if you are an ROR at the time of vesting, regardless of where you worked during the vesting period. Seek professional advice if you have multi-country history.

Section 03

Employee Stock Purchase Plans (ESPPs): Discount as Salary

ESPPs allow employees to purchase employer stock at a discount, typically 5–15%, sometimes with a look back period. The mechanics differ from RSUs but the tax logic is similar.

Taxation at purchase (the discount)

When you purchase ESPP shares, the discount you receive is treated as a perquisite under Section 17(2) and taxed as salary income in the year of purchase.

Perquisite = (FMV on purchase date − Purchase price) × Number of shares × INR rate

Taxation at sale (capital gains)

Your cost of acquisition is the FMV at purchase date (not your discounted purchase price). Holding period for LTCG/STCG purposes begins from the date of purchase.

Capital Gain = Sale Proceeds (INR) − FMV on purchase date (INR)

Look-back provisions

Many US-listed ESPPs have a look-back period (eg., 24 months) where the purchase price is 85% of the lower of FMV at offering date or purchase date. The tax authority will use FMV on the actual purchase date to determine the perquisite, not the offering date.

Event	Tax treatment	Head of income	TDS
ESPP Purchase	Discount = Perquisite	Salaries	Employer must deduct
ESPP Sale (within 24 months)	Gain over FMV at purchase	Short-term capital gains	No TDS on sale (self-report)
ESPP Sale (after 24 months)	Gain over FMV at purchase	Long-term capital gains	No TDS on sale (self-report)

Section 04

Foreign Stocks: Direct Investing via LRS

Individual residents may invest in foreign stocks directly through the Liberalised Remittance Scheme (LRS), with a per-year limit of USD 250,000 per individual.

LRS annual limit

USD 2,50,000 per individual per financial year. Includes all overseas investments, travel, education, etc.

TCS on remittance

20% TCS (Tax Collected at Source) on amounts exceeding ₹10 lakh remitted under LRS for investment purposes. Creditable against tax liability.

Tax treatment on acquisition

There is no tax event when you buy foreign stocks with LRS funds. The INR amount remitted (plus brokerage, fees, and foreign transaction charges) forms your cost of acquisition in INR terms.

Exchange rate for cost calculation

The cost of acquisition in INR is the INR amount you actually remitted. If you purchased using a foreign brokerage account with pre-existing funds, use the SBI TT buying rate on the date of purchase to convert.

Section 05

Capital Gains on Sale — Rates & Holding Periods

Key distinction

Foreign listed stocks are not treated as "equity" for Indian tax purposes. They are treated as unlisted securities. This means the preferential STCG rates applicable to Indian listed shares do NOT apply. Foreign stocks follow the rules for other assets.

Asset	Holding for LTCG	STCG rate	LTCG rate	Indexation
Indian listed equity / equity MF	> 12 months	20% (post-Jul 2024)	12.5% (no indexation)	No
Foreign listed stocks (RSU, ESPP, LRS)	> 24 months	Slab rate	12.5% (no indexation)	No (post-Jul 2024)
Debt MF	> 36 months	Slab rate	Always slab rate if purchased after 1 April 2023	No

Finance Act 2024 changes

From 23 July 2024, the LTCG rate on foreign stocks was reduced from 20% (with indexation) to 12.5% without indexation. Short-term gains continue to be taxed at slab rates. These changes apply to transfers on or after 23 July 2024. Gains on assets transferred before that date may be eligible for the prior regime.

Computing capital gain in INR

Capital Gain (INR) = [Sale proceeds in USD × INR rate on sale date] − [Cost in INR]

Any currency appreciation is embedded in the capital gain. There is no separate forex gain treatment for individuals under Indian law. If the INR depreciates, your INR gain will be higher even if the stock price was flat in USD.

Example 1: Short-Term Capital Gains (STCG)

In this scenario, the shares are held for less than 24 months, classifying them as a short-term asset.

Scenario: Investing in Disney

• Purchase Date: May 29, 2020
• Purchase Price: $117.30
• Sale Date: December 31, 2020
• Sale Price: $150.00

Exchange Rate:  You must use the SBI TT Buying Rate on the last day of the month immediately preceding the transaction month.

• Rate for Purchase (as of April 30, 2020): ₹75.00
• Rate for Sale (as of November 30, 2020): ₹80.00

Particulars	Calculation Breakdown	Amount in INR
Sale Value	$150.00 × ₹80.00	₹12,000.00
Less: Cost of Acquisition	$117.30 × ₹75.00	₹8,797.50
Short Term Capital Gain	₹12,000.00 - ₹8,797.50	₹3,202.50

Note: This gain of ₹3,202.50 will be added to the individual's total income and taxed at their applicable slab rate.

Example 2: Long Term Capital Gains (LTCG)

In this scenario, the shares are held for more than 24 months, classifying them as a long-term asset.

Scenario: Investing in Google

• Purchase Date: April 13, 2017
• Purchase Price: $840.18
• Sale Date: May 4, 2019
• Sale Price: $1,400.00

The Exchange Rate Rule:

Again, we look at the last day of the preceding months.

• Rate for Purchase (as of March 31, 2017): ₹70.00
• Rate for Sale (as of April 30, 2019): ₹75.00

The Calculation:

Particulars	Calculation Breakdown	Amount in INR
Sale Value	$1,400.00 × ₹75.00	₹105,000.00
Less: Cost of Acquisition	$840.18 × ₹70.00	₹58,812.60
Long Term Capital Gain	₹105,000.00 - ₹58,812.60	₹46,187.40

Note: Following the 2024 Budget updates, this Long-Term Capital Gain of ₹46,187.40 would be taxed at a flat 12.5% (without indexation benefits).

Set-off & carry-forward

• STCG on foreign stocks can be set off against STCG on any other capital asset (including Indian stocks).
• LTCG on foreign stocks can be set off only against LTCG on any other capital asset.
• Unabsorbed capital losses can be carried forward for 8 assessment years.
• Capital losses cannot be set off against salary or other income heads.

Section 06

Dividend Income from Foreign Stocks

Dividends received on foreign stocks, whether from RSU/ESPP shares or LRS investments, are fully taxable in India as Income from Other Sources at your applicable slab rate.

Grossing up for foreign withholding tax

Many jurisdictions (notably the US) withhold tax at source. For example, the US withholds 25% on dividends paid to Indian residents (the US-India DTAA reduces this to 15% if W-8BEN is filed correctly with your broker).

In India, you must include the gross dividend (before foreign withholding) in your income. You then claim a Foreign Tax Credit (FTC) for the withholding tax paid abroad.

Taxable dividend income in India = Gross dividend (in USD) × INR rate on receipt date

Form W-8BEN: should you file it?

If you hold US stocks (common with ESPP/RSUs from US-listed employers), filing a W-8BEN with your US broker or custodian confirms your non-US status and activates the 15% DTAA rate instead of the default 30% withholding. This directly reduces foreign tax withheld.

Section 07

Foreign Tax Credit: Avoiding Double Taxation

India provides relief from double taxation through Foreign Tax Credit (FTC) under Rule 128 of the Income Tax Rules, read with Section 90/91 of the Income Tax Act.

Who can claim

Any ROR who has paid tax in a foreign country on income that is also taxable in India. This covers: US capital gains tax, US dividend withholding, and similar taxes in other jurisdictions.

How FTC works

Step 1

Determine the Indian tax on the doubly-taxed income (computed as if it were your last layer of income).

Step 2

Determine the foreign tax paid on that income, converted to INR at the SBI TT buying rate on the date of payment.

Step 3

FTC = Lower of (Indian tax on that income) or (Foreign tax paid). You cannot claim FTC exceeding your Indian tax liability on that income.

Step 4

File Form 67 on the income tax portal before filing your ITR. Without Form 67, FTC claims are disallowed.

Critical deadline

Form 67 must be filed on or before the due date of ITR (typically 31 July, or 31 October if audit required). Courts have held that belated filing of Form 67 results in denial of FTC. Do not overlook this step.

FTC is not available for

• Taxes that are refundable or which were never actually paid (e.g., if you received a full refund abroad).
• Interest or penalties paid abroad, only the core tax qualifies.
• Taxes paid on income not included in your Indian return.

Section 08

Reporting Obligations — Schedule FA, Form 67, ITR

For ROR individuals, holding foreign assets triggers mandatory disclosure requirements that are separate from your tax payment obligations. Failure to report can trigger severe penalties under the Black Money Act 2015.

Schedule FA (Foreign Assets) in ITR-2 / ITR-3

Any ROR holding foreign assets at any point during the financial year must disclose them in Schedule FA. This includes:

Table in Schedule FA	What to report
A1 — Foreign depository accounts	Foreign bank accounts (held directly or jointly)
A2 — Foreign custodial accounts	Brokerage accounts holding foreign securities (RSUs, ESPPs, LRS stocks)
A3 — Foreign equity & debt interests	Direct shareholding in foreign companies >1% stake
A4 — Foreign cash value insurance / annuity	Foreign life insurance or pension contracts with cash surrender value
A5 — Financial interest in foreign entity	Any beneficial ownership or signing authority in foreign entity

Information required for each account/holding

• Country name and code
• Name and address of institution/company
• Account number or identification
• Peak balance / peak value during the year (converted to INR)
• Closing balance / closing value
• Gross proceeds from sale during the year
• Income earned and included in Indian return

Unvested RSUs — do they count?

Yes. Unvested RSUs represent a beneficial interest in a foreign entity and must be disclosed in Schedule FA from the first year of grant. Many employees miss this because no economic benefit is yet realised. The disclosure is based on the grant, not the vest.

in general, below is the best practice agreed upon by most tax advisors:

• What part of Schedule FA do you report your RSUs or ESPPs? A3 - Foreign equity and debt interest? B - Financial interest in any entity outside India? D - Any other capital assets outside India? Unfortunately, this isn't a black and white answer. This involves a discussion regarding what has been done in previous years. You do not want to change positions from year to year (unless what was done earlier is completely wrong). A lot of articles and opinions seem to suggest you can report it under D. Other Assets since reporting requirements are lower in said schedule. We generally do not subscribe to this view.
• Calendar Year reporting Note that reporting in Schedule FA is based on the accounting year followed by the country in which asset is held. This means that if your shares are of a US company, you will have to follow calendar year basis for reporting.
• Initial Value of Investment The value of your investments (in foreign currency) as on the initial date of vesting multiplied by SBI TT/ RBI reference rate on said date.
• Peak Value of Investment This is the highest value of your investment during the Calendar Year. If you are reporting assets for FY 2025-26, consider Calendar Year 2025. Highest value in USD will be multiplied by SBI TT/ RBI reference rate on said date
• Closing Value of Investment Value of investments as on 31 December multiplied by SBI TT/ RBI reference rate said date.
• Should I report the Company name (Alphabet, Amazon, etc) or the Broker name (Morgan Stanley, E-trade, etc). This is a judgement call to be honest. Work with your CA and determine which is the best option in your case - we've gone both ways on this depending on the facts of the case.
• Reporting of income and sales Any income (say dividend) or sale of RSUs is required to be reported under schedule FA. Ensure you don't miss out on this part. We've had a lot of people reach out to us after making this mistake.
• Do I have to create separate line items for each purchase/ vesting? Can I show all RSUs under one line in Schedule FA? Again, unfortunately, this is a judgement call. Work with your CA to determine what works best in your case.

Which ITR form to use

If you hold foreign assets, you cannot use ITR-1 (Sahaj). You must use ITR-2 (if no business income) or ITR-3 (if you have business or professional income or are a partner in a firm). Schedule FA is available only in ITR-2 and ITR-3.

Section 09

FEMA & LRS Compliance

Beyond the Income Tax Act, foreign equity holdings are regulated by the Foreign Exchange Management Act (FEMA) administered by the Reserve Bank of India.

RSUs & ESPPs from employer

Covered under the FEMA (Transfer or Issue of Foreign Security) Regulations. An Indian resident may hold shares received as compensation without separate RBI approval, provided the employer is a listed foreign company.

LRS direct investments

Permitted under the LRS limit of USD 2,50,000 per financial year. All remittances go through an AD-I bank, which reports to RBI's FLAIR system.

Repatriation of sale proceeds

Sale proceeds from foreign stocks must be repatriated to India within 180 days a reasonable time (generally interpreted as within 60–90 days of sale, though no hard deadline is specified). Proceeds may be credited to an RFC (Resident Foreign Currency) account or reinvested under LRS.

APR — Annual Performance Report

If you hold shares in a foreign company equivalent to a 10% or greater stake (unlikely for typical RSU/ESPP holders but possible for founders), you must file an Annual Performance Report (APR) with RBI through your AD bank. This is separate from the income tax Schedule FA disclosure.

Section 10

Common Mistakes & Penalties

Mistake	Consequence	Penalty risk
Not disclosing unvested RSUs in Schedule FA	Treated as undisclosed foreign asset	Black Money Act — ₹10L flat + 300% tax on value
Using ITR-1 when holding foreign assets	Return treated as defective; notice issued	Notice u/s 139(9); return invalid
Not filing Form 67 before ITR due date	FTC disallowed; entire foreign tax becomes a cost	Higher tax payable + interest u/s 234B/C
Treating foreign stock LTCG at 10% (equity rate)	Under-declaration of tax	Tax demand + penalty u/s 270A
Not grossing up dividend (reporting net of withholding)	Under-declaration of income	Penalty u/s 270A up to 200% of tax
Wrong exchange rate used for perquisite valuation	Incorrect cost of acquisition → wrong capital gain	Potential mismatch with Form 16; scrutiny risk

Section 11

Summary Cheat Sheet

Event	Income head	Rate	TDS?	Form/Schedule
RSU vesting	Salaries (perquisite)	Slab	Yes (employer)	Form 16 / Schedule S
RSU sale < 24 months	STCG	Slab	No	Schedule CG
RSU sale > 24 months	LTCG	12.5%	No	Schedule CG
ESPP purchase (discount)	Salaries (perquisite)	Slab	Yes (employer)	Form 16 / Schedule S
ESPP sale < 24 months	STCG	Slab	No	Schedule CG
ESPP sale > 24 months	LTCG	12.5%	No	Schedule CG
Foreign dividend	Other sources	Slab	No (self-report)	Schedule OS + Form 67
LRS stock sale < 24 months	STCG	Slab	No	Schedule CG
LRS stock sale > 24 months	LTCG	12.5%	No	Schedule CG
Foreign asset disclosure	—	Mandatory	—	Schedule FA (ITR-2/3)

Applicable ITR forms

Foreign asset holders must use ITR-2 (salaried with capital gains) or ITR-3 (with business income). ITR-1 is not eligible. Always file Form 67 for FTC claims before submitting your ITR.

If you are an Indian resident (whether you have returned from the US, are planning to), or have a child studying or living there you may be sitting on a huge financial risk you have never been formally told about.

The United States imposes an estate tax on assets held within its borders.

For US citizens and those domiciled in the US, a generous exemption of $15 million applies in 2026.

But for Indian citizens who are not domiciled in the US (which covers most returning NRIs and resident Indians with US investments), the exemption is a mere $60,000.

Everything above that threshold is taxed at up to 40%.

This guide is written for Indian families who have one or more of the following situations:

• Holdings in US stocks, US-domiciled ETFs, or US real estate
• US retirement accounts such as 401(k) or IRA from a prior stint in the US
• A child who is a US citizen or green card holder
• A desire to fund a child’s education at an American university

Note: This article is written from the perspective of a US resident returning/ returned to India. While some of the concepts may apply to people who have always resided in India and holding foreign assets, we'll do a separate article for that soon.

Part 1: Understanding US Estate Tax

What Is the US Estate Tax?

The US estate tax is a federal tax levied on the value of assets a person leaves behind at the time of their death.

Think of it as an inheritance tax applied before assets pass to the next generation.

For a US citizen, the estate tax only becomes relevant on estates worth more than $15 million (as of 2026). Below that threshold, there is no federal estate tax at all. This is a generous exemption that shields the vast majority of American families.

However, the rules are entirely different if you are an Indian resident who is not domiciled in the US.

The $60,000 Trap for Indian Residents

If you are an Indian resident, your estate tax exemption on US-situated assets is just $60,000 ie less than roughly ₹60 lakhs at current exchange rates.

Any US assets above this amount are subject to estate tax at rates of up to 40%.

Example: If an Indian resident passes away holding $200,000 in US stocks, the taxable estate is $140,000 ($200,000 minus the $60,000 exemption). The estate tax owed could be approximately $50,000 to $56,000. This money must come from the estate before assets are passed to your children.

What makes this particularly relevant for Indian families today is a combination of factors:

• the explosion in direct investing in US markets through the Liberalised Remittance Scheme (LRS).
• Indians working with foreign companies and holding RSUs/ ESPPs
• returning Indians holding large US assets

Who Does This Apply To?

The key concept here is domicile, which is different from tax residency or physical presence.

For US estate tax purposes, you are treated as a non domiciliary (and therefore subject to the $60,000 exemption) unless you are both physically present in the US and intend to remain there indefinitely.

This means the following individuals are almost certainly subject to the $60,000 rule:

• Indian residents investing in US stocks via LRS
• Indian residents working with foreign companies holding large RSU/ ESPP positions
• Returning NRIs who have permanently moved back to India

Note that even holding a green card does not automatically make you a US domiciliary for estate tax purposes. The intent to remain permanently is what matters.

What Assets Are Subject to US Estate Tax?

The estate tax applies to ‘US situs assets’. These assets that are legally considered to be located within the United States. The following are generally treated as US-situs:

Asset Type	US-Situs?	Estate Tax Exposure
US-listed stocks (e.g. Apple, Google)	Yes	High — full value included
US domiciled ETFs (e.g. VOO, QQQ on NYSE)	Yes	High — full value included
US real estate	Yes	High — full value included
US bank accounts (cash deposits)	Generally No	Usually exempt
Ireland domiciled UCITS ETFs	No	Not subject to US estate tax
GIFT City (IFSC) funds	No	Not subject to US estate tax
Indian mutual funds, stocks, real estate	No	Not subject to US estate tax

No India-US Estate Tax Treaty

India and the United States have a Double Taxation Avoidance Agreement (DTAA), but this covers income tax only. There is no bilateral estate tax treaty between the two countries.

This is a critical point. Countries such as the UK, Germany, and Australia have estate tax treaties with the US that provide additional protections. India does not. Indian residents holding US assets are fully exposed to US estate tax rules with no treaty relief.

Part 2: Four Strategies to Manage Estate Tax Exposure

The good news is that there are well-established, legitimate strategies to reduce or eliminate US estate tax exposure for Indian residents.

Each strategy works differently, and the right approach depends on your specific situation, asset mix, and timeline.

Strategy 1: Term Insurance and the ILIT Structure

Term Insurance:
One of the most straightforward ways to protect your heirs from an unexpected estate tax bill is to ensure sufficient liquidity is available to pay the tax.

A term life insurance policy sized to cover the expected estate tax liability can serve this purpose.

How an ILIT Works

An Irrevocable Life Insurance Trust (ILIT) is a legal structure that owns the life insurance policy on your behalf.

When you pass away, the trust receives the insurance payout and can use those funds to pay the estate tax on your other US assets. Major benefit here is to avoid forcing your heirs to sell those investments in a rush.

Key Benefit: The ILIT effectively ‘insures’ your heirs against the estate tax bill, providing liquidity at exactly the moment it is needed. Your US investment portfolio can pass to the next generation intact.

Practical Considerations

• An ILIT is irrevocable — once set up, it cannot easily be undone
• You make annual gifts to the trust to fund the insurance premiums (subject to gift tax rules)
• The trust must send ‘Crummey notices’ to beneficiaries annually — a procedural requirement
• This approach is best suited when you have significant, stable US asset holdings and want long-term coverage
• Work with a US qualified estate planning attorney to set up the ILIT correctly

Strategy 2: Switching to Ireland-Domiciled UCITS ETFs

What Are UCITS ETFs?

UCITS stands for Undertakings for Collective Investment in Transferable Securities. This is a European fund regulatory framework.

Ireland domiciled UCITS ETFs are investment funds structured under Irish law that track the same indices as their US counterparts (such as the S&P 500, Nasdaq 100, or global equity indices).

The critical distinction is where the fund is legally domiciled.

A Vanguard S&P 500 ETF listed on the New York Stock Exchange is a US-situs asset.
An equivalent Vanguard S&P 500 UCITS ETF domiciled in Ireland is not a US-situs asset, even though it holds the same underlying US stocks.

Estate Tax Impact: Because Ireland domiciled UCITS ETFs are not US-situs assets, they are entirely outside the scope of US estate tax. You get the same broad market exposure without the estate tax risk.

Additional Benefits for Indian Investors

Beyond estate tax protection, Irish ETFs offer another advantage related to withholding tax on dividends. Funds domiciled in Ireland benefit from the US-Ireland tax treaty, which reduces the dividend withholding tax from 30% (the default rate for non resident aliens) to 15%.
This makes Irish ETFs more tax-efficient than their US equivalents for Indian investors.

For Indian residents who want growth without triggering annual dividend taxes, accumulating class Irish ETFs (which reinvest dividends internally rather than paying them out) are particularly efficient.

Important Timing Note

This strategy must be implemented carefully from a timing perspective. UCITS ETFs are classified as PFICs under US tax law, which creates highly punitive tax treatment for US taxpayers.

You must not hold these funds while you are still a US tax resident.

Strategy 3: GIFT City (Gujarat International Finance Tec-City)

What Is GIFT City?

GIFT City is India’s first International Financial Services Centre (IFSC), located in Gujarat. From a regulatory standpoint, it is treated as a ‘foreign territory’ on Indian soil. It's essentially a financial free zone that allows investments in foreign currency denominated instruments.

Investments made through GIFT City’s IFSC are not US situs assets. They therefore fall entirely outside the scope of US estate tax.

Key Advantage: GIFT City allows Indian residents to invest in global equities (including US equity indices) — through India based structures that carry no US estate tax exposure.

Caution for US-Based NRIs

If you are still a US tax resident (e.g., on an H-1B, L-1 visa, or green card), GIFT City funds may be subject to PFIC classification, creating complex US tax obligations. This strategy is most straightforward for fully India-resident individuals. Always confirm your US tax status with a qualified advisor before investing.

Strategy 4: Gifting and Annual Exclusion Planning

This is the best solution for Returning Indians with US citizen children.

The US annual gift tax exclusion allows non US persons to gift up to $19,000 per recipient per year (2026) without triggering gift tax. A married couple can gift $38,000 per recipient per year.

This gets better:

• Gift tax does not apply on gift of shares for Non Resident Aliens
• Gift tax does not apply on gift of bank balance for Non Resident Aliens

The Strategy:
If you have US citizen children, you can gift them shares, bank balance, without having to pay estate tax duty.

This requires extremely careful planning. There's nuances here to take care off:

• Timing of the gift
• Gifting assets mean they are out of your control and belong to the child
• US tax reporting requirements will apply for gifts exceeding USD 100,000

Final Thoughts

The first aspect of dealing with estate tax is coming to terms with it. It's a tax that is not going away and the best thing to do is to plan around it.

Nobody likes thinking about their own death but as your financial advisors, it becomes our job to nudge you to proactively plan so the next generation can actually inherit the wealth that you have created.

There's a few more solutions that work here - 529 plans can be used with contributions from Indian residents, Indian jugaad solutions of joint holding or moving assets closer to death stage, etc. But we'll save these for another article some other day.

If you are an Indian resident (whether you have returned from the US, are planning to), or have a child studying or living there you may be sitting on a huge financial risk you have never been formally told about.

The United States imposes an estate tax on assets held within its borders.

For US citizens and those domiciled in the US, a generous exemption of $15 million applies in 2026.

But for Indian citizens who are not domiciled in the US (which covers most returning NRIs and resident Indians with US investments), the exemption is a mere $60,000.

Everything above that threshold is taxed at up to 40%.

This guide is written for Indian families who have one or more of the following situations:

• Holdings in US stocks, US-domiciled ETFs, or US real estate
• US retirement accounts such as 401(k) or IRA from a prior stint in the US
• A child who is a US citizen or green card holder
• A desire to fund a child’s education at an American university

Note: This article is written from the perspective of a US resident returning/ returned to India. While some of the concepts may apply to people who have always resided in India and holding foreign assets, we'll do a separate article for that soon.

Part 1: Understanding US Estate Tax

What Is the US Estate Tax?

The US estate tax is a federal tax levied on the value of assets a person leaves behind at the time of their death.

Think of it as an inheritance tax applied before assets pass to the next generation.

For a US citizen, the estate tax only becomes relevant on estates worth more than $15 million (as of 2026). Below that threshold, there is no federal estate tax at all. This is a generous exemption that shields the vast majority of American families.

However, the rules are entirely different if you are an Indian resident who is not domiciled in the US.

The $60,000 Trap for Indian Residents

If you are an Indian resident, your estate tax exemption on US-situated assets is just $60,000 ie less than roughly ₹60 lakhs at current exchange rates.

Any US assets above this amount are subject to estate tax at rates of up to 40%.

Example: If an Indian resident passes away holding $200,000 in US stocks, the taxable estate is $140,000 ($200,000 minus the $60,000 exemption). The estate tax owed could be approximately $50,000 to $56,000. This money must come from the estate before assets are passed to your children.

What makes this particularly relevant for Indian families today is a combination of factors:

• the explosion in direct investing in US markets through the Liberalised Remittance Scheme (LRS).
• Indians working with foreign companies and holding RSUs/ ESPPs
• returning Indians holding large US assets

Who Does This Apply To?

The key concept here is domicile, which is different from tax residency or physical presence.

For US estate tax purposes, you are treated as a non domiciliary (and therefore subject to the $60,000 exemption) unless you are both physically present in the US and intend to remain there indefinitely.

This means the following individuals are almost certainly subject to the $60,000 rule:

• Indian residents investing in US stocks via LRS
• Indian residents working with foreign companies holding large RSU/ ESPP positions
• Returning NRIs who have permanently moved back to India

Note that even holding a green card does not automatically make you a US domiciliary for estate tax purposes. The intent to remain permanently is what matters.

What Assets Are Subject to US Estate Tax?

The estate tax applies to ‘US situs assets’. These assets that are legally considered to be located within the United States. The following are generally treated as US-situs:

Asset Type	US-Situs?	Estate Tax Exposure
US-listed stocks (e.g. Apple, Google)	Yes	High — full value included
US domiciled ETFs (e.g. VOO, QQQ on NYSE)	Yes	High — full value included
US real estate	Yes	High — full value included
US bank accounts (cash deposits)	Generally No	Usually exempt
Ireland domiciled UCITS ETFs	No	Not subject to US estate tax
GIFT City (IFSC) funds	No	Not subject to US estate tax
Indian mutual funds, stocks, real estate	No	Not subject to US estate tax

No India-US Estate Tax Treaty

India and the United States have a Double Taxation Avoidance Agreement (DTAA), but this covers income tax only. There is no bilateral estate tax treaty between the two countries.

This is a critical point. Countries such as the UK, Germany, and Australia have estate tax treaties with the US that provide additional protections. India does not. Indian residents holding US assets are fully exposed to US estate tax rules with no treaty relief.

Part 2: Four Strategies to Manage Estate Tax Exposure

The good news is that there are well-established, legitimate strategies to reduce or eliminate US estate tax exposure for Indian residents.

Each strategy works differently, and the right approach depends on your specific situation, asset mix, and timeline.

Strategy 1: Term Insurance and the ILIT Structure

Term Insurance:
One of the most straightforward ways to protect your heirs from an unexpected estate tax bill is to ensure sufficient liquidity is available to pay the tax.

A term life insurance policy sized to cover the expected estate tax liability can serve this purpose.

How an ILIT Works

An Irrevocable Life Insurance Trust (ILIT) is a legal structure that owns the life insurance policy on your behalf.

When you pass away, the trust receives the insurance payout and can use those funds to pay the estate tax on your other US assets. Major benefit here is to avoid forcing your heirs to sell those investments in a rush.

Key Benefit: The ILIT effectively ‘insures’ your heirs against the estate tax bill, providing liquidity at exactly the moment it is needed. Your US investment portfolio can pass to the next generation intact.

Practical Considerations

• An ILIT is irrevocable — once set up, it cannot easily be undone
• You make annual gifts to the trust to fund the insurance premiums (subject to gift tax rules)
• The trust must send ‘Crummey notices’ to beneficiaries annually — a procedural requirement
• This approach is best suited when you have significant, stable US asset holdings and want long-term coverage
• Work with a US qualified estate planning attorney to set up the ILIT correctly

Strategy 2: Switching to Ireland-Domiciled UCITS ETFs

What Are UCITS ETFs?

UCITS stands for Undertakings for Collective Investment in Transferable Securities. This is a European fund regulatory framework.

Ireland domiciled UCITS ETFs are investment funds structured under Irish law that track the same indices as their US counterparts (such as the S&P 500, Nasdaq 100, or global equity indices).

The critical distinction is where the fund is legally domiciled.

A Vanguard S&P 500 ETF listed on the New York Stock Exchange is a US-situs asset.
An equivalent Vanguard S&P 500 UCITS ETF domiciled in Ireland is not a US-situs asset, even though it holds the same underlying US stocks.

Estate Tax Impact: Because Ireland domiciled UCITS ETFs are not US-situs assets, they are entirely outside the scope of US estate tax. You get the same broad market exposure without the estate tax risk.

Additional Benefits for Indian Investors

Beyond estate tax protection, Irish ETFs offer another advantage related to withholding tax on dividends. Funds domiciled in Ireland benefit from the US-Ireland tax treaty, which reduces the dividend withholding tax from 30% (the default rate for non resident aliens) to 15%.
This makes Irish ETFs more tax-efficient than their US equivalents for Indian investors.

For Indian residents who want growth without triggering annual dividend taxes, accumulating class Irish ETFs (which reinvest dividends internally rather than paying them out) are particularly efficient.

Important Timing Note

This strategy must be implemented carefully from a timing perspective. UCITS ETFs are classified as PFICs under US tax law, which creates highly punitive tax treatment for US taxpayers.

You must not hold these funds while you are still a US tax resident.

Strategy 3: GIFT City (Gujarat International Finance Tec-City)

What Is GIFT City?

GIFT City is India’s first International Financial Services Centre (IFSC), located in Gujarat. From a regulatory standpoint, it is treated as a ‘foreign territory’ on Indian soil. It's essentially a financial free zone that allows investments in foreign currency denominated instruments.

Investments made through GIFT City’s IFSC are not US situs assets. They therefore fall entirely outside the scope of US estate tax.

Key Advantage: GIFT City allows Indian residents to invest in global equities (including US equity indices) — through India based structures that carry no US estate tax exposure.

Caution for US-Based NRIs

If you are still a US tax resident (e.g., on an H-1B, L-1 visa, or green card), GIFT City funds may be subject to PFIC classification, creating complex US tax obligations. This strategy is most straightforward for fully India-resident individuals. Always confirm your US tax status with a qualified advisor before investing.

Strategy 4: Gifting and Annual Exclusion Planning

This is the best solution for Returning Indians with US citizen children.

The US annual gift tax exclusion allows non US persons to gift up to $19,000 per recipient per year (2026) without triggering gift tax. A married couple can gift $38,000 per recipient per year.

This gets better:

• Gift tax does not apply on gift of shares for Non Resident Aliens
• Gift tax does not apply on gift of bank balance for Non Resident Aliens

The Strategy:
If you have US citizen children, you can gift them shares, bank balance, without having to pay estate tax duty.

This requires extremely careful planning. There's nuances here to take care off:

• Timing of the gift
• Gifting assets mean they are out of your control and belong to the child
• US tax reporting requirements will apply for gifts exceeding USD 100,000

Final Thoughts

The first aspect of dealing with estate tax is coming to terms with it. It's a tax that is not going away and the best thing to do is to plan around it.

Nobody likes thinking about their own death but as your financial advisors, it becomes our job to nudge you to proactively plan so the next generation can actually inherit the wealth that you have created.

There's a few more solutions that work here - 529 plans can be used with contributions from Indian residents, Indian jugaad solutions of joint holding or moving assets closer to death stage, etc. But we'll save these for another article some other day.

A few months ago, we set out on the goal to write the most comprehensive article on Foreign Equity in India. It's taken us a while, but this article is finally completed. We cover everything from Tax to Reporting requirements for Foreign Stocks, RSUs and ESPPs in India.

Section 01

Who This Applies To: Residential Status & Scope

The Indian tax system taxes individuals based on residential status, not citizenship. Your obligations differ significantly depending on whether you are a Resident and Ordinarily Resident (ROR), Resident but Not Ordinarily Resident (RNOR), or Non-Resident (NR).

Status	Indian income	Foreign income	Foreign asset reporting
ROR	Fully taxable	Fully taxable	Mandatory (Schedule FA)
RNOR	Fully taxable	Only if derived from India	Not required
NR	Fully taxable	Not taxable in India	Not required

Rule of thumb

Most employees at Indian MNC subsidiaries receiving stock compensation from a foreign parent are RORs. This guide primarily addresses ROR individuals, for whom all global income is taxable in India.

You are an ROR if you have been resident in India for at least 2 of the preceding 10 years AND for at least 730 days in the preceding 7 years.

Section 02

Restricted Stock Units (RSUs): Two-event Taxation

RSUs are taxed at two distinct moments: vesting and sale. Confusing these two events is the most common mistake made by employees.

Event 1 — Grant

No tax event. RSUs are merely a promise of future shares. Nothing is included in income at grant.

Event 2 — Vesting

Taxable as salary income. The fair market value (FMV) of shares on the vesting date, converted to INR, is treated as a perquisite under Section 17(2)(vi) of the Income Tax Act. Your employer is required to withhold TDS.

Event 3 — Sale

Taxable as capital gains. The difference between the sale price and the FMV at vesting (your cost of acquisition) is a capital gain or loss. Holding period is counted from the date of vesting.

Computing the perquisite at vesting

Perquisite Value = FMV on vesting date (in USD) × INR/USD rate on vesting date × Number of shares vested

The applicable exchange rate is the SBI TT buying rate as prescribed by the Income Tax Rules. Some employers use the RBI reference rate — check your Form 16 for the rate used.

Cost of acquisition for capital gains

The FMV that was taxed as salary at vesting becomes your cost of acquisition for capital gains purposes. You are not taxed twice on the same appreciation.

Capital Gain = Sale Proceeds (INR) − FMV at Vesting (INR)

Example

100 shares vest when ACME Corp trades at $50.
The INR/USD rate is ₹83.→ Perquisite = 100 × $50 × 83 = ₹4,15,000 added to salary;
TDS deducted by employer.
6 months later, shares are sold at $60.
INR rate is ₹84.→ Sale proceeds = 100 × $60 × 84 = ₹5,04,000→ Cost = ₹4,15,000
Short-term capital gain = ₹89,000 (held < 24 months)

Partial-year residents

If you were resident in India for only part of the vesting period, some employers apportion the perquisite. The Indian tax authority's position is that all perquisite is taxable in India if you are an ROR at the time of vesting, regardless of where you worked during the vesting period. Seek professional advice if you have multi-country history.

Section 03

Employee Stock Purchase Plans (ESPPs): Discount as Salary

ESPPs allow employees to purchase employer stock at a discount, typically 5–15%, sometimes with a look back period. The mechanics differ from RSUs but the tax logic is similar.

Taxation at purchase (the discount)

When you purchase ESPP shares, the discount you receive is treated as a perquisite under Section 17(2) and taxed as salary income in the year of purchase.

Perquisite = (FMV on purchase date − Purchase price) × Number of shares × INR rate

Taxation at sale (capital gains)

Your cost of acquisition is the FMV at purchase date (not your discounted purchase price). Holding period for LTCG/STCG purposes begins from the date of purchase.

Capital Gain = Sale Proceeds (INR) − FMV on purchase date (INR)

Look-back provisions

Many US-listed ESPPs have a look-back period (eg., 24 months) where the purchase price is 85% of the lower of FMV at offering date or purchase date. The tax authority will use FMV on the actual purchase date to determine the perquisite, not the offering date.

Event	Tax treatment	Head of income	TDS
ESPP Purchase	Discount = Perquisite	Salaries	Employer must deduct
ESPP Sale (within 24 months)	Gain over FMV at purchase	Short-term capital gains	No TDS on sale (self-report)
ESPP Sale (after 24 months)	Gain over FMV at purchase	Long-term capital gains	No TDS on sale (self-report)

Section 04

Foreign Stocks: Direct Investing via LRS

Individual residents may invest in foreign stocks directly through the Liberalised Remittance Scheme (LRS), with a per-year limit of USD 250,000 per individual.

LRS annual limit

USD 2,50,000 per individual per financial year. Includes all overseas investments, travel, education, etc.

TCS on remittance

20% TCS (Tax Collected at Source) on amounts exceeding ₹10 lakh remitted under LRS for investment purposes. Creditable against tax liability.

Tax treatment on acquisition

There is no tax event when you buy foreign stocks with LRS funds. The INR amount remitted (plus brokerage, fees, and foreign transaction charges) forms your cost of acquisition in INR terms.

Exchange rate for cost calculation

The cost of acquisition in INR is the INR amount you actually remitted. If you purchased using a foreign brokerage account with pre-existing funds, use the SBI TT buying rate on the date of purchase to convert.

Section 05

Capital Gains on Sale — Rates & Holding Periods

Key distinction

Foreign listed stocks are not treated as "equity" for Indian tax purposes. They are treated as unlisted securities. This means the preferential STCG rates applicable to Indian listed shares do NOT apply. Foreign stocks follow the rules for other assets.

Asset	Holding for LTCG	STCG rate	LTCG rate	Indexation
Indian listed equity / equity MF	> 12 months	20% (post-Jul 2024)	12.5% (no indexation)	No
Foreign listed stocks (RSU, ESPP, LRS)	> 24 months	Slab rate	12.5% (no indexation)	No (post-Jul 2024)
Debt MF	> 36 months	Slab rate	Always slab rate if purchased after 1 April 2023	No

Finance Act 2024 changes

From 23 July 2024, the LTCG rate on foreign stocks was reduced from 20% (with indexation) to 12.5% without indexation. Short-term gains continue to be taxed at slab rates. These changes apply to transfers on or after 23 July 2024. Gains on assets transferred before that date may be eligible for the prior regime.

Computing capital gain in INR

Capital Gain (INR) = [Sale proceeds in USD × INR rate on sale date] − [Cost in INR]

Any currency appreciation is embedded in the capital gain. There is no separate forex gain treatment for individuals under Indian law. If the INR depreciates, your INR gain will be higher even if the stock price was flat in USD.

Example 1: Short-Term Capital Gains (STCG)

In this scenario, the shares are held for less than 24 months, classifying them as a short-term asset.

Scenario: Investing in Disney

• Purchase Date: May 29, 2020
• Purchase Price: $117.30
• Sale Date: December 31, 2020
• Sale Price: $150.00

Exchange Rate:  You must use the SBI TT Buying Rate on the last day of the month immediately preceding the transaction month.

• Rate for Purchase (as of April 30, 2020): ₹75.00
• Rate for Sale (as of November 30, 2020): ₹80.00

Particulars	Calculation Breakdown	Amount in INR
Sale Value	$150.00 × ₹80.00	₹12,000.00
Less: Cost of Acquisition	$117.30 × ₹75.00	₹8,797.50
Short Term Capital Gain	₹12,000.00 - ₹8,797.50	₹3,202.50

Note: This gain of ₹3,202.50 will be added to the individual's total income and taxed at their applicable slab rate.

Example 2: Long Term Capital Gains (LTCG)

In this scenario, the shares are held for more than 24 months, classifying them as a long-term asset.

Scenario: Investing in Google

• Purchase Date: April 13, 2017
• Purchase Price: $840.18
• Sale Date: May 4, 2019
• Sale Price: $1,400.00

The Exchange Rate Rule:

Again, we look at the last day of the preceding months.

• Rate for Purchase (as of March 31, 2017): ₹70.00
• Rate for Sale (as of April 30, 2019): ₹75.00

The Calculation:

Particulars	Calculation Breakdown	Amount in INR
Sale Value	$1,400.00 × ₹75.00	₹105,000.00
Less: Cost of Acquisition	$840.18 × ₹70.00	₹58,812.60
Long Term Capital Gain	₹105,000.00 - ₹58,812.60	₹46,187.40

Note: Following the 2024 Budget updates, this Long-Term Capital Gain of ₹46,187.40 would be taxed at a flat 12.5% (without indexation benefits).

Set-off & carry-forward

• STCG on foreign stocks can be set off against STCG on any other capital asset (including Indian stocks).
• LTCG on foreign stocks can be set off only against LTCG on any other capital asset.
• Unabsorbed capital losses can be carried forward for 8 assessment years.
• Capital losses cannot be set off against salary or other income heads.

Section 06

Dividend Income from Foreign Stocks

Dividends received on foreign stocks, whether from RSU/ESPP shares or LRS investments, are fully taxable in India as Income from Other Sources at your applicable slab rate.

Grossing up for foreign withholding tax

Many jurisdictions (notably the US) withhold tax at source. For example, the US withholds 25% on dividends paid to Indian residents (the US-India DTAA reduces this to 15% if W-8BEN is filed correctly with your broker).

In India, you must include the gross dividend (before foreign withholding) in your income. You then claim a Foreign Tax Credit (FTC) for the withholding tax paid abroad.

Taxable dividend income in India = Gross dividend (in USD) × INR rate on receipt date

Form W-8BEN: should you file it?

If you hold US stocks (common with ESPP/RSUs from US-listed employers), filing a W-8BEN with your US broker or custodian confirms your non-US status and activates the 15% DTAA rate instead of the default 30% withholding. This directly reduces foreign tax withheld.

Section 07

Foreign Tax Credit: Avoiding Double Taxation

India provides relief from double taxation through Foreign Tax Credit (FTC) under Rule 128 of the Income Tax Rules, read with Section 90/91 of the Income Tax Act.

Who can claim

Any ROR who has paid tax in a foreign country on income that is also taxable in India. This covers: US capital gains tax, US dividend withholding, and similar taxes in other jurisdictions.

How FTC works

Step 1

Determine the Indian tax on the doubly-taxed income (computed as if it were your last layer of income).

Step 2

Determine the foreign tax paid on that income, converted to INR at the SBI TT buying rate on the date of payment.

Step 3

FTC = Lower of (Indian tax on that income) or (Foreign tax paid). You cannot claim FTC exceeding your Indian tax liability on that income.

Step 4

File Form 67 on the income tax portal before filing your ITR. Without Form 67, FTC claims are disallowed.

Critical deadline

Form 67 must be filed on or before the due date of ITR (typically 31 July, or 31 October if audit required). Courts have held that belated filing of Form 67 results in denial of FTC. Do not overlook this step.

FTC is not available for

• Taxes that are refundable or which were never actually paid (e.g., if you received a full refund abroad).
• Interest or penalties paid abroad, only the core tax qualifies.
• Taxes paid on income not included in your Indian return.

Section 08

Reporting Obligations — Schedule FA, Form 67, ITR

For ROR individuals, holding foreign assets triggers mandatory disclosure requirements that are separate from your tax payment obligations. Failure to report can trigger severe penalties under the Black Money Act 2015.

Schedule FA (Foreign Assets) in ITR-2 / ITR-3

Any ROR holding foreign assets at any point during the financial year must disclose them in Schedule FA. This includes:

Table in Schedule FA	What to report
A1 — Foreign depository accounts	Foreign bank accounts (held directly or jointly)
A2 — Foreign custodial accounts	Brokerage accounts holding foreign securities (RSUs, ESPPs, LRS stocks)
A3 — Foreign equity & debt interests	Direct shareholding in foreign companies >1% stake
A4 — Foreign cash value insurance / annuity	Foreign life insurance or pension contracts with cash surrender value
A5 — Financial interest in foreign entity	Any beneficial ownership or signing authority in foreign entity

Information required for each account/holding

• Country name and code
• Name and address of institution/company
• Account number or identification
• Peak balance / peak value during the year (converted to INR)
• Closing balance / closing value
• Gross proceeds from sale during the year
• Income earned and included in Indian return

Unvested RSUs — do they count?

Yes. Unvested RSUs represent a beneficial interest in a foreign entity and must be disclosed in Schedule FA from the first year of grant. Many employees miss this because no economic benefit is yet realised. The disclosure is based on the grant, not the vest.

in general, below is the best practice agreed upon by most tax advisors:

• What part of Schedule FA do you report your RSUs or ESPPs? A3 - Foreign equity and debt interest? B - Financial interest in any entity outside India? D - Any other capital assets outside India? Unfortunately, this isn't a black and white answer. This involves a discussion regarding what has been done in previous years. You do not want to change positions from year to year (unless what was done earlier is completely wrong). A lot of articles and opinions seem to suggest you can report it under D. Other Assets since reporting requirements are lower in said schedule. We generally do not subscribe to this view.
• Calendar Year reporting Note that reporting in Schedule FA is based on the accounting year followed by the country in which asset is held. This means that if your shares are of a US company, you will have to follow calendar year basis for reporting.
• Initial Value of Investment The value of your investments (in foreign currency) as on the initial date of vesting multiplied by SBI TT/ RBI reference rate on said date.
• Peak Value of Investment This is the highest value of your investment during the Calendar Year. If you are reporting assets for FY 2025-26, consider Calendar Year 2025. Highest value in USD will be multiplied by SBI TT/ RBI reference rate on said date
• Closing Value of Investment Value of investments as on 31 December multiplied by SBI TT/ RBI reference rate said date.
• Should I report the Company name (Alphabet, Amazon, etc) or the Broker name (Morgan Stanley, E-trade, etc). This is a judgement call to be honest. Work with your CA and determine which is the best option in your case - we've gone both ways on this depending on the facts of the case.
• Reporting of income and sales Any income (say dividend) or sale of RSUs is required to be reported under schedule FA. Ensure you don't miss out on this part. We've had a lot of people reach out to us after making this mistake.
• Do I have to create separate line items for each purchase/ vesting? Can I show all RSUs under one line in Schedule FA? Again, unfortunately, this is a judgement call. Work with your CA to determine what works best in your case.

Which ITR form to use

If you hold foreign assets, you cannot use ITR-1 (Sahaj). You must use ITR-2 (if no business income) or ITR-3 (if you have business or professional income or are a partner in a firm). Schedule FA is available only in ITR-2 and ITR-3.

Section 09

FEMA & LRS Compliance

Beyond the Income Tax Act, foreign equity holdings are regulated by the Foreign Exchange Management Act (FEMA) administered by the Reserve Bank of India.

RSUs & ESPPs from employer

Covered under the FEMA (Transfer or Issue of Foreign Security) Regulations. An Indian resident may hold shares received as compensation without separate RBI approval, provided the employer is a listed foreign company.

LRS direct investments

Permitted under the LRS limit of USD 2,50,000 per financial year. All remittances go through an AD-I bank, which reports to RBI's FLAIR system.

Repatriation of sale proceeds

Sale proceeds from foreign stocks must be repatriated to India within 180 days a reasonable time (generally interpreted as within 60–90 days of sale, though no hard deadline is specified). Proceeds may be credited to an RFC (Resident Foreign Currency) account or reinvested under LRS.

APR — Annual Performance Report

If you hold shares in a foreign company equivalent to a 10% or greater stake (unlikely for typical RSU/ESPP holders but possible for founders), you must file an Annual Performance Report (APR) with RBI through your AD bank. This is separate from the income tax Schedule FA disclosure.

Section 10

Common Mistakes & Penalties

Mistake	Consequence	Penalty risk
Not disclosing unvested RSUs in Schedule FA	Treated as undisclosed foreign asset	Black Money Act — ₹10L flat + 300% tax on value
Using ITR-1 when holding foreign assets	Return treated as defective; notice issued	Notice u/s 139(9); return invalid
Not filing Form 67 before ITR due date	FTC disallowed; entire foreign tax becomes a cost	Higher tax payable + interest u/s 234B/C
Treating foreign stock LTCG at 10% (equity rate)	Under-declaration of tax	Tax demand + penalty u/s 270A
Not grossing up dividend (reporting net of withholding)	Under-declaration of income	Penalty u/s 270A up to 200% of tax
Wrong exchange rate used for perquisite valuation	Incorrect cost of acquisition → wrong capital gain	Potential mismatch with Form 16; scrutiny risk

Section 11

Summary Cheat Sheet

Event	Income head	Rate	TDS?	Form/Schedule
RSU vesting	Salaries (perquisite)	Slab	Yes (employer)	Form 16 / Schedule S
RSU sale < 24 months	STCG	Slab	No	Schedule CG
RSU sale > 24 months	LTCG	12.5%	No	Schedule CG
ESPP purchase (discount)	Salaries (perquisite)	Slab	Yes (employer)	Form 16 / Schedule S
ESPP sale < 24 months	STCG	Slab	No	Schedule CG
ESPP sale > 24 months	LTCG	12.5%	No	Schedule CG
Foreign dividend	Other sources	Slab	No (self-report)	Schedule OS + Form 67
LRS stock sale < 24 months	STCG	Slab	No	Schedule CG
LRS stock sale > 24 months	LTCG	12.5%	No	Schedule CG
Foreign asset disclosure	—	Mandatory	—	Schedule FA (ITR-2/3)

Applicable ITR forms

Foreign asset holders must use ITR-2 (salaried with capital gains) or ITR-3 (with business income). ITR-1 is not eligible. Always file Form 67 for FTC claims before submitting your ITR.

Saw a lot of people returning from the US on this sub so we thought we'd share this HUGE hack to save a ton of money in capital gains taxes.

There is a golden financial opportunity that many returnees miss—one that could save you a significant amount of money in future taxes.

We call this strategy "Resetting Your Cost Basis.

If timed correctly, you can legally wipe out the capital gains tax on your US stock portfolio before you settle down in India. Here is how it works and why you need to plan it carefully.

The "Magic" Window: RNOR and NRA Status

The core of this strategy lies in the unique interaction between US and Indian tax laws during your transition period.

When you return to India, you typically fall under a special residential status known as RNOR (Resident but Not Ordinarily Resident) for up to two years (sometimes three).

The biggest perk of RNOR status is that India does not tax your foreign income, which includes capital gains from the sale of US stocks.

Simultaneously, if you plan your exit from the US correctly, you can qualify as a Non-Resident Alien (NRA) for US tax purposes in the year of your move (usually if you spend fewer than 183 days in the US that year). The US generally does not tax capital gains for Non-Resident Aliens.

For the sake of brevity, avoiding getting into the complications of how RNOR and NRA status is calculated. This can be found easily online/ on our website.

How the Strategy Works

When you hit that sweet spot where you are an RNOR in India and an NRA in the US, you have a brief window where neither country wants to tax your capital gains.

Here is the play:

1. Sell your US stocks during this window. Since you are tax-exempt in both jurisdictions, you pay zero capital gains tax on the profit you’ve made so far.
2. Repurchase the same stocks immediately.

By doing this, you "reset" your purchase price (cost basis) to the current market value.

A Real-World Example

Let’s say you bought Apple or Google stock years ago for $10,000, and today it is worth $50,000.

Without Planning: If you hold these stocks and sell them a few years later when you are a fully ordinary resident in India, you will pay tax on that entire $40,000 gain (plus any future growth).

With the Reset Strategy: You sell at $50,000 during your transition window. You pay $0 tax. You immediately buy them back at $50,000. Your new "cost" is now $50,000. If you sell them years later for $60,000, you will only pay tax on the $10,000 growth that happened *after* you returned. You effectively pocketed the first $40,000 of growth tax-free.

Important Caveats

This strategy is powerful, but it isn't for everyone.

1. US Citizens & Green Card Holders: Unfortunately, this does not apply to you. The US taxes you on global income regardless of where you live.
2. Timing is Everything: If you stay in the US just a few days too long, or if you miscalculate your residential status in India, you could trigger a massive tax bill instead of saving one.
3. State Taxes: While federal tax might be zero, some US states have their own rules that need to be checked.

Hope this helps all the people planning to return to India, after moving back from the US. This can be a HUGE cost saver in your calculations :)

If you are an Indian resident (whether you have returned from the US, are planning to), or have a child studying or living there you may be sitting on a huge financial risk you have never been formally told about.

The United States imposes an estate tax on assets held within its borders.

For US citizens and those domiciled in the US, a generous exemption of $15 million applies in 2026.

But for Indian citizens who are not domiciled in the US (which covers most returning NRIs and resident Indians with US investments), the exemption is a mere $60,000.

Everything above that threshold is taxed at up to 40%.

This guide is written for Indian families who have one or more of the following situations:

• Holdings in US stocks, US-domiciled ETFs, or US real estate
• US retirement accounts such as 401(k) or IRA from a prior stint in the US
• A child who is a US citizen or green card holder
• A desire to fund a child’s education at an American university

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Note: This article is written from the perspective of a US resident returning/ returned to India. While some of the concepts may apply to people who have always resided in India and holding foreign assets, we'll do a separate article for that soon.

Part 1: Understanding US Estate Tax

What Is the US Estate Tax?

The US estate tax is a federal tax levied on the value of assets a person leaves behind at the time of their death.

Think of it as an inheritance tax applied before assets pass to the next generation.

For a US citizen, the estate tax only becomes relevant on estates worth more than $15 million (as of 2026). Below that threshold, there is no federal estate tax at all. This is a generous exemption that shields the vast majority of American families.

However, the rules are entirely different if you are an Indian resident who is not domiciled in the US.

The $60,000 Trap for Indian Residents

If you are an Indian resident, your estate tax exemption on US-situated assets is just $60,000 ie less than roughly ₹60 lakhs at current exchange rates.

Any US assets above this amount are subject to estate tax at rates of up to 40%.

Example: If an Indian resident passes away holding $200,000 in US stocks, the taxable estate is $140,000 ($200,000 minus the $60,000 exemption). The estate tax owed could be approximately $50,000 to $56,000. This money must come from the estate before assets are passed to your children.

What makes this particularly relevant for Indian families today is a combination of factors:

• the explosion in direct investing in US markets through the Liberalised Remittance Scheme (LRS).
• Indians working with foreign companies and holding RSUs/ ESPPs
• returning Indians holding large US assets

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Who Does This Apply To?

The key concept here is domicile, which is different from tax residency or physical presence.

For US estate tax purposes, you are treated as a non domiciliary (and therefore subject to the $60,000 exemption) unless you are both physically present in the US and intend to remain there indefinitely.

This means the following individuals are almost certainly subject to the $60,000 rule:

• Indian residents investing in US stocks via LRS
• Indian residents working with foreign companies holding large RSU/ ESPP positions
• Returning NRIs who have permanently moved back to India

Note that even holding a green card does not automatically make you a US domiciliary for estate tax purposes. The intent to remain permanently is what matters.

What Assets Are Subject to US Estate Tax?

The estate tax applies to ‘US situs assets’. These assets that are legally considered to be located within the United States. The following are generally treated as US-situs:

Asset Type	US-Situs?	Estate Tax Exposure
US-listed stocks (e.g. Apple, Google)	Yes	High — full value included
US domiciled ETFs (e.g. VOO, QQQ on NYSE)	Yes	High — full value included
US real estate	Yes	High — full value included
US bank accounts (cash deposits)	Generally No	Usually exempt
Ireland domiciled UCITS ETFs	No	Not subject to US estate tax
GIFT City (IFSC) funds	No	Not subject to US estate tax
Indian mutual funds, stocks, real estate	No	Not subject to US estate tax

No India-US Estate Tax Treaty

India and the United States have a Double Taxation Avoidance Agreement (DTAA), but this covers income tax only. There is no bilateral estate tax treaty between the two countries.

This is a critical point. Countries such as the UK, Germany, and Australia have estate tax treaties with the US that provide additional protections. India does not. Indian residents holding US assets are fully exposed to US estate tax rules with no treaty relief.

Part 2: Four Strategies to Manage Estate Tax Exposure

The good news is that there are well-established, legitimate strategies to reduce or eliminate US estate tax exposure for Indian residents.

Each strategy works differently, and the right approach depends on your specific situation, asset mix, and timeline.

Strategy 1: Term Insurance and the ILIT Structure

Term Insurance:
One of the most straightforward ways to protect your heirs from an unexpected estate tax bill is to ensure sufficient liquidity is available to pay the tax.

A term life insurance policy sized to cover the expected estate tax liability can serve this purpose.

How an ILIT Works

An Irrevocable Life Insurance Trust (ILIT) is a legal structure that owns the life insurance policy on your behalf.

When you pass away, the trust receives the insurance payout and can use those funds to pay the estate tax on your other US assets. Major benefit here is to avoid forcing your heirs to sell those investments in a rush.

Key Benefit: The ILIT effectively ‘insures’ your heirs against the estate tax bill, providing liquidity at exactly the moment it is needed. Your US investment portfolio can pass to the next generation intact.

Practical Considerations

• An ILIT is irrevocable — once set up, it cannot easily be undone
• You make annual gifts to the trust to fund the insurance premiums (subject to gift tax rules)
• The trust must send ‘Crummey notices’ to beneficiaries annually — a procedural requirement
• This approach is best suited when you have significant, stable US asset holdings and want long-term coverage
• Work with a US qualified estate planning attorney to set up the ILIT correctly

Strategy 2: Switching to Ireland-Domiciled UCITS ETFs

What Are UCITS ETFs?

UCITS stands for Undertakings for Collective Investment in Transferable Securities. This is a European fund regulatory framework.

Ireland domiciled UCITS ETFs are investment funds structured under Irish law that track the same indices as their US counterparts (such as the S&P 500, Nasdaq 100, or global equity indices).

The critical distinction is where the fund is legally domiciled.

A Vanguard S&P 500 ETF listed on the New York Stock Exchange is a US-situs asset.
An equivalent Vanguard S&P 500 UCITS ETF domiciled in Ireland is not a US-situs asset, even though it holds the same underlying US stocks.

Estate Tax Impact: Because Ireland domiciled UCITS ETFs are not US-situs assets, they are entirely outside the scope of US estate tax. You get the same broad market exposure without the estate tax risk.

Additional Benefits for Indian Investors

Beyond estate tax protection, Irish ETFs offer another advantage related to withholding tax on dividends. Funds domiciled in Ireland benefit from the US-Ireland tax treaty, which reduces the dividend withholding tax from 30% (the default rate for non resident aliens) to 15%.
This makes Irish ETFs more tax-efficient than their US equivalents for Indian investors.

For Indian residents who want growth without triggering annual dividend taxes, accumulating class Irish ETFs (which reinvest dividends internally rather than paying them out) are particularly efficient.

Important Timing Note

This strategy must be implemented carefully from a timing perspective. UCITS ETFs are classified as Passive Foreign Investment Companies (PFICs) under US tax law, which creates highly punitive tax treatment for US taxpayers.

You must not hold these funds while you are still a US tax resident.

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Strategy 3: GIFT City (Gujarat International Finance Tec-City)

What Is GIFT City?

GIFT City is India’s first International Financial Services Centre (IFSC), located in Gujarat. From a regulatory standpoint, it is treated as a ‘foreign territory’ on Indian soil. It's essentially a financial free zone that allows investments in foreign currency denominated instruments.

Investments made through GIFT City’s IFSC are not US situs assets. They therefore fall entirely outside the scope of US estate tax.

Key Advantage: GIFT City allows Indian residents to invest in global equities (including US equity indices) — through India based structures that carry no US estate tax exposure.

Caution for US-Based NRIs

If you are still a US tax resident (e.g., on an H-1B, L-1 visa, or green card), GIFT City funds may be subject to PFIC classification, creating complex US tax obligations. This strategy is most straightforward for fully India-resident individuals. Always confirm your US tax status with a qualified advisor before investing.

Strategy 4: Gifting and Annual Exclusion Planning

This is the best solution for Returning Indians with US citizen children.

The US annual gift tax exclusion allows non US persons to gift up to $19,000 per recipient per year (2026) without triggering gift tax. A married couple can gift $38,000 per recipient per year.

This gets better:

• Gift tax does not apply on gift of shares for Non Resident Aliens
• Gift tax does not apply on gift of bank balance for Non Resident Aliens

The Strategy:
If you have US citizen children, you can gift them shares, bank balance, without having to pay estate tax duty.

This requires extremely careful planning. There's nuances here to take care off:

• Timing of the gift
• Gifting assets mean they are out of your control and belong to the child
• US tax reporting requirements will apply for gifts exceeding USD 100,000

Final Thoughts

The first aspect of dealing with estate tax is coming to terms with it. It's a tax that is not going away and the best thing to do is to plan around it.

Nobody likes thinking about their own death but as financial advisors, it becomes our job to nudge you to proactively plan so the next generation can actually inherit the wealth that you have created.

There's a few more solutions that work here - 529 plans can be used with contributions from Indian residents, Indian jugaad solutions of joint holding or moving assets closer to death stage, etc. But we'll save these for another article some other day.

Full article with significantly better formatting than reddit - https://www.reymanwealth.com/post/how-to-plan-for-us-estate-taxes-for-returning-indians

Introduction:

If your move is timed correctly, there is a window during which neither the UK nor India will tax the gains on your investment portfolio. Used well, that window lets you “reset” the cost base of your shares to today’s market value, so that years of accumulated growth are never taxed.

This guide explains how the strategy works, the recent UK tax changes that affect it, and the conditions you must satisfy for it to hold up.

In one sentence When you are a UK non-resident and an Indian RNOR at the same time, you can sell appreciated shares free of capital gains tax in both countries, repurchase them immediately, and lock in a higher cost base for the future.

The "Zero Tax" window

The single biggest tax-saving opportunity for a returning NRI is the overlap between two residency statuses: your UK non-resident status and your Indian RNOR (Resident but Not Ordinarily Resident) status.

India:

When you return to India you do not immediately become a fully taxable resident.
For a transitional period (usually two to three financial years).

The defining feature of RNOR status is that India does not tax your foreign income, and this includes capital gains on the sale of foreign shares such as UK listed or US listed stocks.

UK:

At the same time, having left the UK, you become a UK non resident. A non-resident is, broadly, outside the scope of UK capital gains tax on the disposal of shares and securities (UK CGT for non-residents is largely confined to UK land and property).

The Plan:

Put those two facts together and you have a genuine gap: neither country has the right to tax the capital gains on your portfolio. That gap is the planning opportunity.

You need to exploit the overlap between your UK Non-Resident status and your Indian RNOR (Resident but Not Ordinarily Resident) status since this is the single biggest tax saving opportunity for returning NRIs. 

Residential status in India

Taxability of income in India depends upon the residential status of an individual which is categorized as:

• Resident and Ordinarily Resident (ROR)
• Resident Not Ordinary Resident (RNOR)
• Non-Resident (NR)

Residential status is important since it determines the taxability of your income

Residential status in India applies to a financial year from 1 April to 31 March.

Residential status in the UK

Your UK position is governed by the Statutory Residence Test (SRT).

The UK tax year runs 6 April to 5 April.

In the year you leave the UK you would normally still meet the residence conditions for part of the year, so the SRT provides Split-Year Treatment.

HMRC essentially draws a line in the sand on the day you leave. For the first part of the year (while you lived in the UK), you are taxed as a UK resident. For the second part (after you move to India), you are treated as a non-resident. Once in the non-resident part of the year, you will no longer pay UK tax on your foreign income.

How the strategy works

When you reach the point where you are an RNOR in India and a non-resident in the UK at the same time, you have a window in which a disposal of shares is taxed by neither country. The play has two steps:

1. Sell your appreciated shares during the window. Because you are outside CGT in both jurisdictions, you pay zero capital gains tax on all the profit accumulated to date.
2. Repurchase the same shares immediately. This re-establishes your holding at its current market value, so your cost base for any future sale is reset upward.

The benefit lands later. Once you become an ROR, India taxes your worldwide gains but only the growth above your cost base. By resetting that base to today’s value, every pound or dollar of growth earned during your years abroad is permanently removed from the future Indian tax calculation.

This works for UK-listed shares and equally for US-listed stocks, ETFs and vested RSUs. A returning NRI who built a US portfolio can run exactly the same reset.

The New UK Tax Rules: The End of “Non-Dom” Status

The UK overhauled the taxation of internationally mobile individuals from 6 April 2025. The reform ended the “non-dom” regime that let UK residents with roots abroad keep their overseas income outside UK tax. If you are an Indian-origin individual living in the UK, these changes affect both what you pay while you remain and the financial case for returning to India.

What “non-dom” status used to mean.

An individual who lived in the UK but whose permanent home was elsewhere (for many readers of this guide, India) could elect for the “remittance basis” of taxation. Under it, foreign income and gains were kept out of the UK tax net entirely, as long as the money was not brought into, or “remitted” to, the UK. An Indian domiciled professional in London could hold Indian rental income, dividends from Indian companies, business profits and capital gains on Indian assets free of UK tax simply by leaving the money in India.

Domicile and the remittance basis are gone.

Both the concept of domicile for tax purposes and the remittance basis it underpinned were abolished on 6 April 2025 and replaced with a system based purely on residence. This is the single most important change for Indian-origin individuals living in the UK.

The 4-year FIG regime.

New arrivers who have been non-UK resident for the previous 10 tax years can claim the Foreign Income and Gains (FIG) regime for their first four years of UK residence, paying no UK tax on foreign income and gains in that period. After those four years (and for everyone already past them) worldwide taxation applies in full.

Your Indian income is now within UK tax.

This is the heart of the matter. Once you are UK resident and beyond any FIG window, the UK taxes your worldwide income and gains (including income arising in India). Indian rental income, dividends from Indian companies, interest, business profits and capital gains on Indian assets all become reportable and taxable in the UK (whether or not you ever bring the money to Britain). The India–UK Double Taxation Avoidance Agreement gives credit for tax already paid in India, so the same income is not taxed twice over. However, where the UK rate is higher than the Indian rate, you pay the difference to HMRC. The work of reporting Indian income to two tax authorities falls to you either way.

Inheritance tax is now residence-based — and this one affects you directly.

UK inheritance tax (IHT) no longer follows domicile. It now follows a “long-term resident” (LTR) test: if you have been UK-resident for at least 10 of the previous 20 tax years, your worldwide estate — including your Indian assets — is within the scope of UK IHT.

The IHT “tail”. Crucially, LTR status does not end the day you leave the UK. It continues for a tail period of between 3 and 10 years after departure, depending on how long you were UK-resident. A short tail of 3 years applies if you were resident for 10 to 13 of the last 20 years; the tail lengthens towards 10 years for longer residence. During the tail, your worldwide estate (Indian property, Indian investments, everything) remains exposed to UK IHT at up to 40%.

Why this matters for your move The income tax and capital gains window discussed in this guide may last only two or three years. The UK inheritance tax tail can last as long as ten. Resetting your cost base solves the CGT problem. It does not solve the IHT exposure. The two need to be planned together.

Why the New Rules Strengthen the Case for Returning to India

For an Indian origin non-dom, abolishing the remittance basis quietly rewrote the arithmetic of where to live. While the remittance basis applied, being UK-resident cost you nothing in UK tax on your Indian wealth, provided you kept it in India. From 6 April 2025 it can cost a great deal. For many families this has turned the question of returning to India from a purely personal one into a financial decision as well.

The mechanism is simple — UK tax on your Indian income depends on UK residence.

If you cease to be UK resident, by moving to India and meeting the SRT conditions described earlier, your Indian income falls out of the UK tax net entirely. India will tax your Indian source income, as it always would for any resident, but you remove the UK layer completely.

RNOR adds a second layer of relief.

On arrival you are an RNOR for two or three years, so India does not tax your genuinely foreign income either. A returning non-dom can therefore land in a position where India taxes only Indian source income, the UK taxes nothing, and any third country income is sheltered until you become an ROR.

While we have tried to be comprehensive in this article, there's still some aspects we haven't covered:

• How to handle your SIPPs/ Workplace Pensions
• How to navigate the UK Inheritance Tax

Some items have also been simplified for the sake of the article. We'll cover these in items and more in future articles.

Introduction:

If your move is timed correctly, there is a window during which neither the UK nor India will tax the gains on your investment portfolio. Used well, that window lets you “reset” the cost base of your shares to today’s market value, so that years of accumulated growth are never taxed.

This guide explains how the strategy works, the recent UK tax changes that affect it, and the conditions you must satisfy for it to hold up.

In one sentence When you are a UK non-resident and an Indian RNOR at the same time, you can sell appreciated shares free of capital gains tax in both countries, repurchase them immediately, and lock in a higher cost base for the future.

The "Zero Tax" window

The single biggest tax-saving opportunity for a returning NRI is the overlap between two residency statuses: your UK non-resident status and your Indian RNOR (Resident but Not Ordinarily Resident) status.

India:

When you return to India you do not immediately become a fully taxable resident.
For a transitional period (usually two to three financial years).

The defining feature of RNOR status is that India does not tax your foreign income, and this includes capital gains on the sale of foreign shares such as UK listed or US listed stocks.

UK:

At the same time, having left the UK, you become a UK non resident. A non-resident is, broadly, outside the scope of UK capital gains tax on the disposal of shares and securities (UK CGT for non-residents is largely confined to UK land and property).

The Plan:

Put those two facts together and you have a genuine gap: neither country has the right to tax the capital gains on your portfolio. That gap is the planning opportunity.

You need to exploit the overlap between your UK Non-Resident status and your Indian RNOR (Resident but Not Ordinarily Resident) status since this is the single biggest tax saving opportunity for returning NRIs. 

Residential status in India

Taxability of income in India depends upon the residential status of an individual which is categorized as:

• Resident and Ordinarily Resident (ROR)
• Resident Not Ordinary Resident (RNOR)
• Non-Resident (NR)

Residential status is important since it determines the taxability of your income

Residential status in India applies to a financial year from 1 April to 31 March.

Residential status in the UK

Your UK position is governed by the Statutory Residence Test (SRT).

The UK tax year runs 6 April to 5 April.

In the year you leave the UK you would normally still meet the residence conditions for part of the year, so the SRT provides Split-Year Treatment.

HMRC essentially draws a line in the sand on the day you leave. For the first part of the year (while you lived in the UK), you are taxed as a UK resident. For the second part (after you move to India), you are treated as a non-resident. Once in the non-resident part of the year, you will no longer pay UK tax on your foreign income.

How the strategy works

When you reach the point where you are an RNOR in India and a non-resident in the UK at the same time, you have a window in which a disposal of shares is taxed by neither country. The play has two steps:

1. Sell your appreciated shares during the window. Because you are outside CGT in both jurisdictions, you pay zero capital gains tax on all the profit accumulated to date.
2. Repurchase the same shares immediately. This re-establishes your holding at its current market value, so your cost base for any future sale is reset upward.

The benefit lands later. Once you become an ROR, India taxes your worldwide gains but only the growth above your cost base. By resetting that base to today’s value, every pound or dollar of growth earned during your years abroad is permanently removed from the future Indian tax calculation.

This works for UK-listed shares and equally for US-listed stocks, ETFs and vested RSUs. A returning NRI who built a US portfolio can run exactly the same reset.

The New UK Tax Rules: The End of “Non-Dom” Status

The UK overhauled the taxation of internationally mobile individuals from 6 April 2025. The reform ended the “non-dom” regime that let UK residents with roots abroad keep their overseas income outside UK tax. If you are an Indian-origin individual living in the UK, these changes affect both what you pay while you remain and the financial case for returning to India.

What “non-dom” status used to mean.

An individual who lived in the UK but whose permanent home was elsewhere (for many readers of this guide, India) could elect for the “remittance basis” of taxation. Under it, foreign income and gains were kept out of the UK tax net entirely, as long as the money was not brought into, or “remitted” to, the UK. An Indian domiciled professional in London could hold Indian rental income, dividends from Indian companies, business profits and capital gains on Indian assets free of UK tax simply by leaving the money in India.

Domicile and the remittance basis are gone.

Both the concept of domicile for tax purposes and the remittance basis it underpinned were abolished on 6 April 2025 and replaced with a system based purely on residence. This is the single most important change for Indian-origin individuals living in the UK.

The 4-year FIG regime.

New arrivers who have been non-UK resident for the previous 10 tax years can claim the Foreign Income and Gains (FIG) regime for their first four years of UK residence, paying no UK tax on foreign income and gains in that period. After those four years (and for everyone already past them) worldwide taxation applies in full.

Your Indian income is now within UK tax.

This is the heart of the matter. Once you are UK resident and beyond any FIG window, the UK taxes your worldwide income and gains (including income arising in India). Indian rental income, dividends from Indian companies, interest, business profits and capital gains on Indian assets all become reportable and taxable in the UK (whether or not you ever bring the money to Britain). The India–UK Double Taxation Avoidance Agreement gives credit for tax already paid in India, so the same income is not taxed twice over. However, where the UK rate is higher than the Indian rate, you pay the difference to HMRC. The work of reporting Indian income to two tax authorities falls to you either way.

Inheritance tax is now residence-based — and this one affects you directly.

UK inheritance tax (IHT) no longer follows domicile. It now follows a “long-term resident” (LTR) test: if you have been UK-resident for at least 10 of the previous 20 tax years, your worldwide estate — including your Indian assets — is within the scope of UK IHT.

The IHT “tail”. Crucially, LTR status does not end the day you leave the UK. It continues for a tail period of between 3 and 10 years after departure, depending on how long you were UK-resident. A short tail of 3 years applies if you were resident for 10 to 13 of the last 20 years; the tail lengthens towards 10 years for longer residence. During the tail, your worldwide estate (Indian property, Indian investments, everything) remains exposed to UK IHT at up to 40%.

Why this matters for your move The income tax and capital gains window discussed in this guide may last only two or three years. The UK inheritance tax tail can last as long as ten. Resetting your cost base solves the CGT problem. It does not solve the IHT exposure. The two need to be planned together.

Why the New Rules Strengthen the Case for Returning to India

For an Indian origin non-dom, abolishing the remittance basis quietly rewrote the arithmetic of where to live. While the remittance basis applied, being UK-resident cost you nothing in UK tax on your Indian wealth, provided you kept it in India. From 6 April 2025 it can cost a great deal. For many families this has turned the question of returning to India from a purely personal one into a financial decision as well.

The mechanism is simple — UK tax on your Indian income depends on UK residence.

If you cease to be UK resident, by moving to India and meeting the SRT conditions described earlier, your Indian income falls out of the UK tax net entirely. India will tax your Indian source income, as it always would for any resident, but you remove the UK layer completely.

RNOR adds a second layer of relief.

On arrival you are an RNOR for two or three years, so India does not tax your genuinely foreign income either. A returning non-dom can therefore land in a position where India taxes only Indian source income, the UK taxes nothing, and any third country income is sheltered until you become an ROR.

While we have tried to be comprehensive in this article, there's still some aspects we haven't covered:

• How to handle your SIPPs/ Workplace Pensions
• How to navigate the UK Inheritance Tax

Some items have also been simplified for the sake of the article. We'll cover these in items and more in future articles.