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Capital Gains (Securities)

The forex rule on Indian shares: computing your gain in your own currency

You bought Indian shares with foreign currency, and you want to know whether the rupee's fall since then adds to your tax.

You bought shares in an Indian company with foreign currency, dollars, pounds, dirhams, and now you are selling. Since you bought, the rupee has weakened, so the rupee value of your investment has risen partly on the currency, not just the share price. The worry is that you will be taxed on that currency movement. For shares, unlike property, the law has a specific relief that computes your gain in the currency you originally used, so rupee depreciation is stripped out. But it does not apply to every kind of share, and it is worth knowing exactly where it does.
Last reviewed: 26 July 20267 min readReviewed by Preetesh Maloo, CA

The short answer

If you are a non-resident who bought shares or debentures of an Indian company in convertible foreign currency, the law computes your capital gain in that same foreign currency and then reconverts it to rupees, under the first proviso to Section 48. This strips out rupee depreciation, so you are taxed on the real gain in your own currency, not on the currency movement. It is mandatory, not optional, and it cuts both ways, it also blocks a currency loss. It applies to listed shares and debentures, but for a non-resident selling unlisted shares a special rule switches it off, leaving a flat 12.5% with no forex and no indexation.

References on this page

  • First proviso to Section 48: a non-resident's gain on Indian shares/debentures bought in forex is computed in that foreign currency and reconverted
  • It is mandatory (a 'shall'), and it neutralises both a currency gain and a currency loss
  • Rule 115A sets the rates: average of TT buying and selling for the inputs, TT buying rate to reconvert the gain
  • On unlisted shares, Section 112 switches the forex proviso off for a non-resident (flat 12.5%, no forex, no indexation)

How the forex computation works

The relief sits in the first proviso to Section 48. For a non-resident who bought shares in, or debentures of, an Indian company in convertible foreign currency, the gain is not computed in rupees. Instead the cost of acquisition, the expenditure on transfer and the sale consideration are each converted into the same foreign currency you originally used, the gain is worked out in that currency, and only then reconverted into rupees.

The effect is to remove rupee movement from the calculation. If the rupee weakened while you held the shares, that depreciation does not swell your taxable gain, because the whole computation happens in your currency first. Rule 115A fixes the exact exchange rates: the average of the telegraphic-transfer buying and selling rates for the cost and expenditure and consideration, and the telegraphic-transfer buying rate on the date of transfer to reconvert the resulting gain. It is worth stressing that this is mandatory, the statute says the gain shall be so computed, so it is not a benefit you claim, it is how the gain is worked out, and it equally blocks a currency loss where the rupee happened to strengthen.

Listed shares yes, unlisted shares no

This is the part most explanations get wrong. The proviso itself refers to shares in, or debentures of, an Indian company, which on its face includes unlisted shares. But for a non-resident selling unlisted shares, a special provision in Section 112 taxes the long-term gain without giving effect to the first and second provisos to Section 48, so the forex computation is deliberately switched off.

So the practical split is: on listed shares and debentures of an Indian company bought in foreign currency, the forex neutralisation applies, and your gain is computed in your currency. On unlisted shares, a non-resident does not get it; the gain is a flat 12.5% with neither forex protection nor indexation. This is why a blanket claim that NRIs compute all share gains in foreign currency is wrong, it holds for listed, and is removed by design for unlisted.

What it means at sale, and the paperwork

Where the forex rule applies, it can be a real saving. On a listed holding bought years ago when your currency bought far more rupees, the rupee-terms gain might look large, but the forex computation taxes only the genuine gain in your own currency, often much smaller. And because indexation does not stack with the forex proviso, and has largely gone in any case, there is no double relief to chase; the forex computation is the relief.

To apply it you need the original acquisition records: the date, the amount in foreign currency you paid, and the currency used, so the conversion can be done correctly under Rule 115A. Keep the foreign-currency purchase evidence, not just the rupee figure. A practising CA runs the Section 48 forex computation, confirms whether your holding is listed or unlisted so the right rule applies, and reconciles it against any TDS the buyer or company deducted in rupees.

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What's involved

What the CA actually does

  1. 1

    We run the forex computation

    We compute your gain on listed shares in the currency you bought them with, under the first proviso to Section 48 and Rule 115A, so rupee depreciation is stripped out.

  2. 2

    We check listed versus unlisted

    We confirm whether your holding is listed, where the forex rule applies, or unlisted, where a non-resident gets a flat 12.5% instead.

  3. 3

    We use the right records

    We work from your original foreign-currency purchase evidence, so the conversion is done correctly rather than defaulting to rupee figures.

  4. 4

    We reconcile the TDS

    We set the forex-computed gain against any TDS deducted in rupees and reclaim the excess on your return.

What to have ready

Documents you'll typically need

  • The share purchase records: date, foreign-currency amount and currency used
  • The sale contract note and consideration
  • Whether the shares are listed or unlisted
  • Your PAN and residency details

Your destination country can change the details

Requirements differ from one consulate, university and visa route to the next — how recent the figures must be, how long funds must have been held, and which certificates are mandatory. We assemble the documents around the exact checklist you're applying under. To see how India's tax treaty with your country of residence affects related filings, set your country below or compare all 31 countries.

Frequently asked questions

Common questions

Sold Indian shares you bought in foreign currency?

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