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ESOP/RSU Income TDS

ESOPs from an Indian employer vested while you were resident, then exercised after you became NRI: India taxes the perquisite at your **slab rate** (10-45% depending on total income, NOT a flat 30%); your home country (US / UK / Singapore) often taxes the sale gain on the same shares. Without Form 67 FTC, you pay twice. With proper cross-border planning, ESOP/RSU effective tax can drop materially.

This page gives you the rate. For the full walkthrough, read ESOPs taxed twice? How to get relief.

For UAE NRI on ESOPs/RSUs

Default at-source TDS in India: 30%. Treaty rate (after Form 10F / Form 41 + TRC): 0%. Saving = 30 percentage points.

Article 22, resident country only

Want a CA to claim the treaty rate and recover the excess TDS for you?

We file Form 10F / Form 41 + TRC, get the lower rate applied at source, and reclaim what was over-deducted. You stay abroad.

Senior CA who specialises in NRI tax · we deal with the tax officer, you don't

How it works

What happens to your ESOPs/RSUs as an

**Exercise:** if you remain on Indian payroll at exercise, the Indian employer deducts TDS on the perquisite (FMV at exercise minus strike paid) at your slab rate via Section 192. If you've already relocated and are off Indian payroll at exercise, TDS shifts to Section 195 on the perquisite portion attributable to services rendered in India. Either way this is NOT a flat 30%: under Section 192 the rate can range from 10% (low income) to nearly 43% (top bracket plus surcharge plus cess); under Section 195 the rate follows what's applicable to the NRI on the relevant slice of Indian-source income. **Sale:** capital-gains TDS via Section 195-12.5% LTCG (held > 24 months from exercise for unlisted; > 12 months for listed under Section 112A) or 20% STCG (Section 111A for listed equity, post FA No.2 2024). Your home country often taxes the sale gain under its own rules, Form 67 (or Form 41 from FY 2026-27) lets you claim Foreign Tax Credit for the Indian tax under Rule 128 (or Rule 75 of the Income-tax Rules 2026); per CBDT Notification 100/2022, the deadline is the end of the relevant AY (31 March of the AY). US NRIs face additional Section 409A (deferred-comp non-qualified options) and ESPP-specific treatment; consult a US cross-border CA.

30%

Default rate

Varies

rate by country

UAE NRI, what changes for you

Country-specific overlay on ESOPs/RSUs

Indian tax IS your only tax

UAE has no personal income tax on individual savings interest, dividends, or capital gains. So the India-side rate (after DTAA reduction) is the FULL tax bite, no further drag in your country. NRE / FCNR exempt-in-India income flows through tax-free both sides. NRO / dividend income gets reduced via DTAA where treaty caps apply (UAE 12.5% on interest; Saudi 5% on dividends; etc.), and that reduced rate is your only cost.

ESOPs/RSUs rates by country

What each country's treaty says

Sorted by savings potential. 57 countries with a DTAA benefit, 77 with the same rate.

UAE

Article 22, resident country only

Default → DTAA

30%→0%

Save 30%

UK

Article 23

Default → DTAA

30%→0%

Save 30%

Singapore

Article 23, resident country (Singapore) only

Default → DTAA

30%→0%

Save 30%

Australia

Article 23, resident country (Australia)

Default → DTAA

30%→0%

Save 30%

Oman

Article 22, resident country only

Default → DTAA

30%→0%

Save 30%

Saudi Arabia

Article 22, resident country only

Default → DTAA

30%→0%

Save 30%

Germany

Article 22, taxable only in residence state

Default → DTAA

30%→0%

Save 30%

Netherlands

Article 23, taxable only in residence state. Article 22 (Capital) and the Protocol IV(2) MFN clause on dividends/CG were narrowed by AO v Nestlé SA (2023).

Default → DTAA

30%→0%

Save 30%

Kuwait

Article 22, resident country only

Default → DTAA

30%→0%

Save 30%

France

Article 23, taxable only in residence state

Default → DTAA

30%→0%

Save 30%

Ireland

Article 22, taxable only in residence state

Default → DTAA

30%→0%

Save 30%

Switzerland

Article 22, taxable only in residence state

Default → DTAA

30%→0%

Save 30%

Malaysia

Article 22

Default → DTAA

30%→0%

Save 30%

Japan

Article 22, resident country (Japan)

Default → DTAA

30%→0%

Save 30%

South Korea

Article 22, resident country (Korea)

Default → DTAA

30%→0%

Save 30%

Hong Kong

Article 21, resident country (HK)

Default → DTAA

30%→0%

Save 30%

New Zealand

Article 22, resident country (NZ)

Default → DTAA

30%→0%

Save 30%

South Africa

Article 22

Default → DTAA

30%→0%

Save 30%

Kenya

Article 22

Default → DTAA

30%→0%

Save 30%

Sweden

Article 22, taxable only in residence state

Default → DTAA

30%→0%

Save 30%

Norway

Article 22, taxable only in residence state

Default → DTAA

30%→0%

Save 30%

Thailand

Article 22, resident country (Thailand)

Default → DTAA

30%→0%

Save 30%

Indonesia

Article 22, resident country (Indonesia)

Default → DTAA

30%→0%

Save 30%

Philippines

Article 22, resident country (Philippines)

Default → DTAA

30%→0%

Save 30%

Mauritius

Article 22. Residual income taxable only in residence state (Mauritius).

Default → DTAA

30%→0%

Save 30%

Portugal

Article 22: other income is taxable only in the residence state (Portugal), except lottery and gambling

Default → DTAA

30%→0%

Save 30%

Austria

Article 22: other income is taxable only in the residence state (Austria)

Default → DTAA

30%→0%

Save 30%

Israel

Article 22: other income is taxable only in the residence state (Israel), except lottery and gambling

Default → DTAA

30%→0%

Save 30%

Uganda

Article 22: other income is taxable only in the residence state (Uganda)

Default → DTAA

30%→0%

Save 30%

Nepal

Article 22: income not covered by another article is taxable only in the country of residence (Nepal)

Default → DTAA

30%→0%

Save 30%

Cyprus

Article 22: the old blanket source-taxation right for uncovered income was removed in the 2016 treaty. Only lottery, gambling and similar winnings stay explicitly source-taxable; everything else not named elsewhere in the treaty defaults to residence-only

Default → DTAA

30%→0%

Save 30%

Malta

Article 22: income not dealt with elsewhere in the treaty is taxable only in the country of residence (Malta), except lottery, gambling and similar winnings, which stay source-taxable

Default → DTAA

30%→0%

Save 30%

Russia

Article 22: income not dealt with elsewhere in the treaty is taxable only in the country of residence (Russia)

Default → DTAA

30%→0%

Save 30%

Mexico

Article 22: income not dealt with elsewhere in the treaty is taxable only in the country of residence (Mexico)

Default → DTAA

30%→0%

Save 30%

Taiwan

Article 22(1): income not dealt with elsewhere is taxable only in the residence territory. Unlike the US and Canada treaties, there is no general source-country override: Article 22(3) lets India tax only lotteries, crossword puzzles, races, card games and other gambling or betting income.

Default → DTAA

30%→0%

Save 30%

Czech Republic

Article 22(1): income not dealt with elsewhere is taxable only in Czechia. Unlike many Indian treaties, paragraph 3 keeps India's right only for lotteries, crossword puzzles, races, card games, gambling and betting, so those winnings stay taxable in India at the domestic rate. Article 22(2) excludes income tied to an Indian permanent establishment or fixed base.

Default → DTAA

30%→0%

Save 30%

Romania

Article 22 (Other Income). Paragraph 1 makes income not dealt with elsewhere taxable only in the state of residence. Unlike the US and Canada treaties, there is no general source-state paragraph: paragraph 3 lets India tax only lotteries, crossword puzzles, races, card games and other gambling or betting income, which stays fully taxable in India.

Default → DTAA

30%→0%

Save 30%

Hungary

Article 22(1): income not covered by another article is taxable only in Hungary. Unlike the US and Canada treaties there is no general paragraph letting India tax Indian-source other income; Article 22(3) carves out only lotteries, races, card games, gambling and betting, which India may still tax.

Default → DTAA

30%→0%

Save 30%

Georgia

Article 22(1): income not dealt with elsewhere in the treaty is taxable only in the country of residence (Georgia). There is no general source-country paragraph: Article 22(3) lets India tax only lotteries, crossword puzzles, races, card games, gambling and betting, which stay taxable in India at the domestic rate. Article 22(2) excludes income tied to an Indian permanent establishment or fixed base

Default → DTAA

30%→0%

Save 30%

Estonia

Article 22 (Other Income). Paragraph 1 makes income not covered by other articles taxable only in the residence state. Unlike many Indian treaties, paragraph 3 does not give India a general right to tax Indian-source other income: it covers only lotteries, crossword puzzles, races, card games, gambling and betting. Those winnings stay taxable in India; other residual income is taxable only in Estonia.

Default → DTAA

30%→0%

Save 30%

Albania

Article 22 (Other income). Paragraph 1 makes income not dealt with elsewhere taxable only in the residence state. Paragraph 3 keeps India's right to tax only lottery, crossword, race, card-game, gambling and betting winnings from Indian sources, so those stay taxable in India at the domestic rate.

Default → DTAA

30%→0%

Save 30%

Serbia

Article 23(1), not 22 (Article 22 here covers professors and researchers): income not dealt with elsewhere is taxable only in the residence state. There is no general paragraph letting India tax Indian-source other income; Article 23(3) carves out only lotteries, crossword puzzles, races, card games, gambling and betting, which India may still tax.

Default → DTAA

30%→0%

Save 30%

Kyrgyzstan

Article 22(1): income not dealt with elsewhere is taxable only in the residence state. Unusually, paragraph 3 does NOT give India a general right to tax Indian-source other income; it covers only lotteries, crossword puzzles, races, card games and other gambling or betting, which India may still tax

Default → DTAA

30%→0%

Save 30%

Iceland

Article 22(1): income not covered by another article is taxable only in Iceland. There is no general paragraph letting India tax Indian-source other income; Article 22(3) carves out only lotteries, crossword puzzles, races, card games, gambling and betting, which India may still tax.

Default → DTAA

30%→0%

Save 30%

Latvia

Article 22 (Other Income). Paragraph 1 makes income not covered by other articles taxable only in the residence state. Paragraph 3 does not give India a general right to tax Indian-source other income: it covers only winnings from lotteries, crossword puzzles, races, card games, gambling and betting. Those winnings stay taxable in India; other residual income is taxable only in Latvia.

Default → DTAA

30%→0%

Save 30%

Slovenia

Article 22(1): income not dealt with elsewhere is taxable only in the residence state, wherever it arises. Article 22(3) lets India tax only lotteries, crossword puzzles, races, card games and other games of any sort, gambling and betting. Other Indian-source residual income is therefore taxable only in Slovenia.

Default → DTAA

30%→0%

Save 30%

Croatia

Article 22(1): other income of a Croatian resident is taxable only in Croatia. Unlike most Indian treaties, there is no general source-state paragraph: Article 22(3) lets India tax only lottery, crossword, race, card-game, gambling and betting winnings arising in India, which stay at the domestic rate.

Default → DTAA

30%→0%

Save 30%

North Macedonia

Article 22 (Other income). Paragraph 1 makes income not dealt with elsewhere taxable only in the residence state. There is no general paragraph letting India tax Indian-source other income; Article 22(3) keeps India's right only over lotteries, crossword puzzles, races, card games, gambling and betting.

Default → DTAA

30%→0%

Save 30%

Montenegro

Article 23(1), not 22 (Article 22 here covers professors and researchers): income not dealt with elsewhere is taxable only in the residence state. There is no general paragraph letting India tax Indian-source other income; Article 23(3) carves out only lotteries, crossword puzzles, races, card games and other games of any sort, gambling and betting, which India may still tax.

Default → DTAA

30%→0%

Save 30%

Myanmar

Article 22(1): income not dealt with elsewhere in the treaty is taxable only in the country of residence, so India cannot tax a Myanmar resident's Indian-source other income. The one exception is Article 22(3): lottery winnings, winnings from games and similar gains arising in India may still be taxed in India

Default → DTAA

30%→0%

Save 30%

Tajikistan

Article 22(1): income not dealt with elsewhere is taxable only in the residence state. Paragraph 3 does NOT give India a general right to tax Indian-source other income. It covers only lotteries, crossword puzzles, races, card games and other gambling or betting, which India may still tax

Default → DTAA

30%→0%

Save 30%

Morocco

Article 22(1): income not dealt with elsewhere is taxable only in the residence country, and unlike many Indian treaties there is no paragraph letting India tax other income arising in India. The one exception is Article 22(3): lottery, crossword, race, card game, gambling and betting winnings from Indian sources stay taxable in India

Default → DTAA

30%→0%

Save 30%

Jordan

Article 22(1): income not dealt with elsewhere in the treaty is taxable only in the residence state, wherever it arises. There is no paragraph letting India tax Indian-source other income in general. Article 22(3) keeps India's right only over lotteries, crossword puzzles, races, card games, gambling and betting

Default → DTAA

30%→0%

Save 30%

Mozambique

Article 22(1): income not dealt with elsewhere in the treaty is taxable only in the residence state, wherever it arises. There is no general paragraph letting India tax Indian-source other income. Article 22(3) keeps India's right only over lotteries, crossword puzzles, races, card games, gambling and betting, which stay taxable in India at the domestic rate.

Default → DTAA

30%→0%

Save 30%

Ethiopia

Article 22(1) (Other income): income not covered by other articles is taxable only in the residence country, Ethiopia. Unlike most Indian treaties, India keeps no general right to tax its own-source other income. Article 22(3) lets India tax only Indian winnings from lotteries, crossword puzzles, races, card games, gambling and betting, which stay taxable at the domestic rate

Default → DTAA

30%→0%

Save 30%

Syria

Article 22(1): income not dealt with elsewhere in the treaty is taxable only in the residence state, wherever it arises. There is no paragraph letting India tax Indian-source other income in general. Article 22(3) keeps India's right only over lotteries, crossword puzzles, races, card games, gambling and betting. Article 22(2) also switches the residence-only rule off where the income is connected with a permanent establishment or fixed base you have in India; then the business articles (7 or 14) apply

Default → DTAA

30%→0%

Save 30%

Sudan

Article 22(1): income not dealt with elsewhere in the treaty is taxable only in the country of residence. The only exception for Indian-source income is Article 22(3): winnings from lotteries, crossword puzzles, races, card games and other gambling or betting may still be taxed in India.

Default → DTAA

30%→0%

Save 30%

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Typical savings: Highly variable; ₹50k, ₹5L+ per year (slab-rate at exercise, capital-gains-rate on sale)