Netherlands NRIs · Capital Gains Tax
Capital gains tax on Indian shares and mutual funds for NRIs in Netherlands
Selling Indian equity or mutual funds from Netherlands triggers Indian capital-gains tax — here's the rate, the AMC withholding, and how to reclaim the excess.
India-Netherlands key facts: capital gains tax
| Default Section 195 rate | 12.5% |
| India-Netherlands DTAA treaty rate | 12.5% |
| Your saving via the treaty | No rate reduction — see note below |
| Treaty article / basis | Article 13 |
| Your TRC issuing authority | Belastingdienst (Dutch Tax Authority) |
Rates reflect India's domestic Section 195 withholding and the India-Netherlands treaty. Surcharge and cess apply on top where relevant.
How it works on the India side
Indian capital-gains tax on equity and equity mutual funds follows Sections 111A and 112A: long-term gains (held over a year) are taxed at 12.5% above a ₹1.25 lakh annual exemption, and short-term gains at 20%, after the Budget 2024 changes. For an NRI, the AMC or broker deducts TDS on the gain at redemption — and because they apply a flat slab without your personal exemption or full holding-period detail, the deduction is frequently more than your real liability.
The correction happens on your return. You compute the gain properly across all your folios and brokers, apply the exemption and the right rate per holding period, and set the TDS already deducted against it. Where the TDS exceeded the actual tax — which is common once the exemption is applied — the excess is refunded. Getting the cost basis right across multiple brokers is the part that most often goes wrong.
What changes because you live in Netherlands
For Dutch residents, Indian savings and investments fall in Box 3, which taxes a deemed (notional) return on the value of the assets rather than the actual Indian income they earned — effectively a wealth-style tax on the asset base. For 2026 the deemed return is applied at a flat rate after a per-person tax-free allowance, with the long-promised actual-return system not expected until 2028, so the mechanic remains in transition. Double-taxation relief still applies — the Netherlands grants a proportional reduction for the foreign (Indian) portion under the treaty — but because the Dutch charge is built on asset value rather than income, it won't simply mirror the Indian rate shown here.
Frequently asked questions
Common questions from Dutch NRIs
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Capital Gains Tax sorted, by an Indian CA who works with Dutch NRIs
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