Indo-Canadians: Your Indian Investments Have a Reporting Problem.
TL;DR
Over CAD$100K in Indian assets? CRA wants to know. Your AMC may have frozen your account. And your pension might get taxed twice. Welcome to life as a Canadian NRI.
By Vipul Sharma, Founder
Reviewed by Preetesh Maloo, Chartered Accountant, NRI Tax Partner
T1135: CRA wants a list of every Indian asset you own
If the total cost of all your foreign property exceeds CAD$100,000 at any point during the year, you must file Form T1135. Foreign Income Verification Statement, with your Canadian tax return. Indian FDs, mutual funds, NRO balances, property, shares, it all counts.
This isn't optional. The penalty for not filing is $25/day, up to $2,500 per year. And if CRA decides you wilfully or by gross negligence didn't file, the s.163(2.4) cap kicks in: greater of CAD 24,000 or 5% of the cost amount of the unreported foreign property (per ITA s.163(2.4)). Plus interest.
Many Indo-Canadians in Toronto, Vancouver, and Brampton have ₹50 lakh or more in Indian FDs and property. At today's exchange rate, that's already over the CAD$100K threshold. Yet they don't file T1135 because they don't realise Indian assets count.
The form itself isn't complicated. You list each asset, its cost, income earned, and gain/loss on disposition. But you need to track every Indian investment every year. Start now if you haven't been.
CAD$100K threshold + s.163(2.4) penalty up to CAD 24,000 or 5% of cost
Total cost of foreign property over CAD$100K at any point in the year triggers mandatory T1135. Routine non-filing: $25/day, up to $2,500/year. Wilful or gross-negligence non-filing: greater of CAD 24,000 or 5% of the unreported foreign-property cost (per ITA s.163(2.4)) + interest. ₹50 L of Indian assets is already over the threshold at current rates.
FATCA locked your AMC account. Now what?
Here's a problem unique to Canadian and American NRIs: many Indian AMCs have stopped accepting investments from residents of FATCA-reporting countries. HDFC AMC, SBI MF, Nippon, several have quietly frozen accounts or blocked fresh purchases for Canadian and US NRIs.
Why? FATCA compliance is expensive. The AMC has to report account details to the IRS and CRA via Indian authorities. Most Indian AMCs decided it's not worth the hassle for a small segment of investors. So they just block you.
This doesn't mean your existing investments are gone. You can still redeem. But you may not be able to buy more units, switch between funds, or start new SIPs.
The workaround: a few AMCs still accept Canadian NRI investments, typically the larger ones with international compliance infrastructure. We can point you to the right ones. Alternatively, some Indo-Canadians invest through NRE accounts in direct equities (no AMC involved) or use portfolio management services.
Either way, for your existing MF holdings, TDS is still being deducted at 30% default. Claim DTAA. The 15% treaty rate on interest and potential capital gains relief still applies.
HDFC AMC, SBI MF, Nippon and others have blocked Canadian NRIs
FATCA compliance cost made several major Indian AMCs stop accepting investments from Canadian and US residents. Existing units can still be redeemed — but no new purchases, no switches, no SIPs. A few smaller AMCs still accept; alternative routes are direct equities via NRE or PMS.
The pension double-tax trap when you move back to India
This one catches returning Indo-Canadians off guard. You worked in Canada for 20 years, contributed to CPP and maybe a company RRSP. You retire and move back to India.
Canada withholds 25% (or 15% under DTAA) on pension payments to non-residents. India taxes your worldwide income as a resident, including that Canadian pension. Without careful planning, you pay tax in both countries on the same pension.
The India-Canada DTAA Article 20 (pensions) — and specifically Article 20(2) for RRSP/RRIF income — gives the residence state primary taxing rights, with source-state credit available. If you're an Indian resident, India gets the taxing right. But Canada still withholds at source unless you file a NR5 form or claim treaty exemption with CRA.
The practical fix: file NR5 with CRA to reduce Canadian withholding. Claim Foreign Tax Credit in India for any Canadian tax paid. Keep documentation meticulous. Indian AOs sometimes don't know how to process foreign pension credits.
This is the mirror image of the NRI DTAA problem. Same treaty, different direction. And just as many people miss it.
Canada vs US: PFIC isn't your problem, but T1135 is
American NRIs face the brutal PFIC regime on Indian mutual funds. Canadian NRIs don't. Canada doesn't have a PFIC equivalent. Indian mutual funds are simply treated as foreign property, reported on T1135, and taxed as regular capital gains or foreign income.
That's the good news. The less good news: CRA still wants income reported on an accrual basis for certain trusts and partnerships, and Indian MF gains must be reported in the year of redemption in Canadian dollars (not rupees). Exchange rate tracking adds complexity.
On the India side, the India-Canada DTAA gives you 15% on FD interest (vs 30% default), 15% on dividends (vs 20%), and standard capital gains treatment. Not the best rates in the world, but significantly better than default.
A Canadian NRI with ₹20 lakh in NRO FDs earning 7% saves roughly CAD$2,500 per year by claiming DTAA. Over 5 years with Section 244A interest, that's over CAD$14,000 recoverable. Real money by any standard.
The key for Indo-Canadians: file T1135, claim DTAA in India, use Foreign Tax Credit in Canada, and keep your AMC situation sorted. Four moving parts, but each one is fixable.
₹20 L in NRO FDs at 7% — what India-Canada DTAA actually saves
Annual NRO interest
₹1,40,000
₹20 L principal × 7% FD rate.
Default TDS @ 30%
₹42,000
Section 195 rate before any treaty claim.
India-Canada DTAA @ 15%
₹21,000
Treaty cap on interest. Same 15% applies to NRO and FD interest.
Annual saving
₹21,000 / ~CAD$340
At roughly CAD$1 = ₹62. Scales linearly with principal — ₹1 Cr in NRO FDs would push annual saving toward ₹1 L+.
Over 5 years + Section 244A
~₹1.24 L / ~CAD$2,000
5 × ₹21,000 of refund + 6% simple Section 244A interest (averaging ~3 years over the window). Past 5 Assessment Years recoverable under Section 119(2)(b) (CBDT Circular 11/2024).
And on the Canadian side
Foreign Tax Credit
Whatever India deducts at 15% credits against your Canadian tax. PFIC doesn't apply — Canada treats Indian MF gains as ordinary foreign property reportable on T1135.
Country guides mentioned
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