British Indians: HMRC Knows About Your FDs. Here's What to Do.
TL;DR
Post-April 2025, NRE interest is taxable in the UK under the new FIG regime. HMRC and India share data. If you're not declaring and not claiming DTAA, you're exposed on both sides.
By Vipul Sharma, Founder
Reviewed by Preetesh Maloo, Chartered Accountant, NRI Tax Partner
NRE interest is no longer your secret. The FIG regime changed everything.
For decades, British Indians relied on the remittance basis. Keep your Indian income offshore, don't bring it into the UK, and HMRC didn't care. NRE FD interest? Invisible to the taxman.
That era ended in April 2025. The UK replaced the remittance basis with the Foreign Income and Gains (FIG) regime. Under FIG, new arrivals get a 4-year exemption. After that, worldwide income is taxable, whether you remit it or not.
If you've been in the UK longer than 4 years, your NRE FD interest is now reportable to HMRC. Your NRO interest always was, but most people ignored it. That's no longer safe.
India and the UK share financial data under the Common Reporting Standard (CRS). Your Indian bank reports your account balances and interest to Indian authorities, who share it with HMRC. It's automatic. No request needed. If you're earning ₹1.5 lakh in FD interest and not declaring it on your Self Assessment, HMRC already has the number.
Remittance basis is dead. FIG regime started April 2025.
New UK arrivals get a 4-year exemption. After that, worldwide income is taxable whether you remit it or not. NRE FD interest that used to be invisible is now reportable. CRS data-sharing means HMRC already has your Indian bank balances and interest figures.
HMRC nudge letters: the polite threat that costs 150%
British Indians across London, Birmingham, and Leicester have been receiving “nudge letters” from HMRC since late 2024. These letters say, in bureaucratic politeness: we think you have undisclosed foreign income.
Ignore it and the penalty escalates. HMRC's penalty for deliberate non-disclosure of offshore income is up to 150% of the tax owed. On £5,000 of unreported Indian interest, that's £7,500 in penalties on top of the tax itself. For “prompted but non-deliberate” cases, penalties range from 15-30%. But respond too late and HMRC reclassifies your case as deliberate.
The fix is straightforward: disclose proactively under HMRC's worldwide disclosure facility. Penalties drop to 0-10% for unprompted disclosures. And here's the kicker, much of the Indian TDS you've already paid counts as a credit against your UK tax. You may owe HMRC far less than you think once the Foreign Tax Credit is applied.
But you need to act before the nudge letter arrives. Once HMRC prompts you, you lose the favorable penalty band.
HMRC penalty bands, disclose BEFORE the nudge letter arrives
Unprompted (you self-disclose first)
0-10%
Use HMRC's Worldwide Disclosure Facility. Lowest penalty band. Requires action BEFORE the nudge letter.
Prompted but non-deliberate
15-30%
Triggered after HMRC's nudge letter lands. You acted but only after being prompted.
Deliberate non-disclosure
Up to 150%
On top of the tax itself. £5,000 of unreported Indian interest = £7,500 penalty + the tax owed. Ignoring the nudge letter often reclassifies your case here.
Much of the Indian TDS you've already paid counts as Foreign Tax Credit against UK tax. The actual UK liability after FTC is often far smaller than the headline penalty suggests.
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Article 14: equity gains stay India-taxable; claim FTC in the UK
Important correction: under Article 14 of the India-UK DTAA (capital gains article), India RETAINS the right to tax capital gains on shares of Indian companies. Your AMC's 12.5% LTCG TDS on Indian equity MF redemption is correct, NOT over-withholding to recover. UK residents pay India's LTCG and then claim Foreign Tax Credit on the SA106 foreign pages of UK Self Assessment to avoid double taxation.
The DTAA recovery for UK NRIs is on Indian INTEREST (Article 12, 15% cap vs 30% default) and individual portfolio DIVIDENDS (Article 11, 10% general cap vs 20% default. The 15% sub-rate applies only to property-vehicle / REIT-style dividends). Equity capital gains are not the recovery story.
Workflow for UK NRIs: get your HMRC TRC (Government Gateway, free, 6-8 weeks). File Form 10F (or Form 41 from FY 2026-27) on India's portal. Submit both to your Indian bank and AMC so future interest and dividend credits are taxed at the lower treaty rates. On the UK side, declare the equity gains on SA106 and claim FTC for the Indian 12.5% LTCG paid.
UK CGT on the same equity gain: post-30 October 2024, the residential-CGT-aligned rates are 18-24%; the annual CGT allowance is £3,000 from April 2024. The Indian 12.5% credits against the UK liability, leaving only the residual UK delta.
India-UK DTAA: recover here, claim FTC there
Indian interest
30% to 15%
Article 12, 15% cap vs Section 195 default. This is the consistent recovery. Every rupee of FD / NRO / bond interest.
Individual portfolio dividends
20% to 10%
Article 11, 10% general cap vs domestic 20%. The 15% sub-rate applies only to property-vehicle / REIT-style dividends.
Indian equity capital gains
12.5% (India retains)
Article 14: India keeps taxing rights on shares of Indian companies. AMC's 12.5% LTCG TDS is correct, NOT over-withholding.
On the UK side
Claim FTC on SA106
Indian 12.5% LTCG credits against UK CGT (18-24% residential-CGT-aligned rates post-30 Oct 2024; £3,000 annual allowance from April 2024). Only the residual UK delta is owed.
Recovery story for UK NRIs = interest + dividends. Equity gains aren't recoverable. They're a double-tax avoidance via FTC, not a refund.
India and HMRC talk to each other. Plan accordingly.
The Common Reporting Standard means Indian banks send your account data to Indian authorities, who forward it to HMRC. Separately, HMRC shares UK data with India. It's a two-way street.
What gets shared: account balances, interest earned, dividends received, and gross proceeds from asset sales. Not line-by-line transactions, but enough for both tax authorities to see whether your declared income matches reality.
For British Indians, this means you can't play one side against the other. Declare in both countries. Claim DTAA to avoid double taxation. Use Foreign Tax Credit on your UK Self Assessment for Indian TDS paid.
The India-UK DTAA gives you 15% on FD interest (vs 30% default) and 10% on ordinary dividends (vs 20% default). Equity capital gains are taxable in India, with FTC available in the UK. Properly structured, a British Indian with ₹20 lakh in Indian investments saves ₹30,000-45,000 per year on the India side alone through the interest and dividend rates.
That money's yours. HMRC knowing about your accounts isn't a threat, it's a reason to get your paperwork right on both sides.
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The exceptions that change the answer
Where the general rule stops applying to you
Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.
LTCG rate: assets other than STT-paid listed equity (includes property)
Right now: 12.5% without indexation
Where it works differently
- A RESIDENT individual or HUF sells land or a building acquired before 23 July 2024
- May elect the lower of 12.5% without indexation or 20% with indexation.
- Grandfathering proviso inserted by Finance (No. 2) Act 2024.
- A NON-RESIDENT sells the same property
- 12.5% without indexation only. The election is NOT available.
- The grandfathering proviso is expressly limited to resident individuals and HUFs. This is the highest-value NRI distinction on the site.
- Shares or debentures of an Indian company were bought in convertible foreign exchange by a non-resident
- The first proviso to s.48 computes the gain in that foreign currency, neutralising rupee depreciation. This is separate from, and not lost with, indexation.
- First proviso to s.48 survives the 2024 changes.
- Adding surcharge and cess
- Surcharge on capital gains under s.111A/112/112A is capped at 15%, plus 4% health and education cess.
- The cap applies to gains under s.111A, s.112 and s.112A.
Commonly got wrong
- NRIs can choose 20% with indexation on property bought before July 2024. The election is resident-only. Stating otherwise understates an NRI's tax, which is the worst direction to be wrong in.Residents may elect 20% with indexation for pre-23-July-2024 land and buildings. Non-residents get 12.5% without indexation, full stop.
- LTCG on property is 20%. Stale since 23 July 2024 unless the transfer predates it.12.5% for transfers on or after 23 July 2024.
India's automatic exchange of financial account information
Right now: FATCA in force: Indian banks and funds report US persons' accounts to the IRS via India's Form 61B channel
Where it works differently
- A US-citizen or green-card-holder NRI holds an Indian bank or mutual-fund account
- The account is reported to the IRS under FATCA even though the person files Indian returns as an NRI. It is dual reporting, not either/or.
- FATCA reporting turns on US-person status, independent of Indian residential status.
Commonly got wrong
- CRS covers the US too, so a US-based NRI is exchanged under CRS. The US is not a CRS participant. US persons are caught only under FATCA.A UK, UAE or Canada NRI is reported under CRS; a US-person NRI is reported under FATCA.