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Capital Gains (Securities)

Your fund house cut more tax than you owe on a redemption, and how to get it back

The redemption hit your account far lighter than expected because the AMC withheld a big slice of tax, more than you think you actually owe.

You redeemed some Indian mutual-fund units, and the amount that reached your account was much lower than the gain suggested, because the fund house deducted TDS before paying you. When you work out what you actually owe, applying your exemption and the right rate, the tax should be far less than what was withheld. As an NRI you cannot avoid the deduction at source, but the gap between what the AMC took and what you owe is real, and it is recoverable.
Last reviewed: 26 July 20267 min readReviewed by Preetesh Maloo, CA

The short answer

Fund houses deduct TDS on an NRI redemption at the flat statutory rate on the gross gain, without the ₹1.25 lakh long-term exemption and often with surcharge added, so the deduction routinely runs ahead of your real tax. The single biggest over-deduction is surcharge: the 25% and 37% surcharge rates do not apply to capital gains, which are capped at 15% surcharge, so a large redemption is frequently over-withheld. You reclaim the excess by filing your Indian return: compute the correct gain with the exemption, the right holding-period split and the surcharge cap, set the TDS against it, and the excess comes back as a refund with interest under Section 244A.

References on this page

  • Section 112A: equity long-term gains at 12.5% above the ₹1.25 lakh annual exemption
  • Section 111A: equity short-term gains at 20% (post 23 July 2024)
  • Surcharge on capital gains capped at 15% (the 25% / 37% rates do not apply)
  • Section 244A: interest on the refund of excess TDS

Why the AMC takes more than you owe

The fund house has to deduct at the point of redemption, before it knows your full tax picture, so it applies the flat statutory rate to the gross gain. It does not apply your ₹1.25 lakh annual long-term exemption under Section 112A, because that is a relief you claim in your return, not something the AMC can give. It often does not split the gain precisely by how long each set of units was held, and it applies the rate to the whole gain rather than to the smaller taxable figure that remains after your exemption.

The rates themselves are correct as far as they go: long-term equity gains at 12.5% above the exemption, short-term equity gains at 20% under Section 111A after 23 July 2024. The over-deduction comes from applying them to the gross gain without your reliefs, and, most of all, from surcharge.

The surcharge cap is usually the biggest piece

This is the part that most often produces a large over-deduction on a bigger redemption. The higher surcharge slabs of 25% and 37% that apply to very high incomes do not apply to capital gains at all. Surcharge on capital gains under Sections 111A, 112 and 112A is capped at 15%, no matter how large the gain.

A fund house that runs an automated deduction and applies surcharge at a higher slab, or applies surcharge where little or none was due, over-withholds, sometimes by a substantial margin. Because the cap is a return-level correction, the AMC's system frequently does not reflect it at source. So when you rebuild the tax properly in your return with surcharge capped at 15%, the figure is often well below what was deducted, and the difference is yours to reclaim.

How you get the excess back

The recovery happens through your Indian return. A practising CA computes the gain correctly across all your folios, applies the ₹1.25 lakh exemption and the right holding-period split, uses the correct rate and the 15% surcharge cap, and sets the TDS the AMC deducted against the real liability. Where the TDS exceeds the actual tax, which is common once the exemption and the cap are applied, the excess is refunded.

The refund carries interest under Section 244A at 0.5% a month from the start of the assessment year until it is paid. The lever is entirely in getting the computation right and reconciling the TDS shown against your PAN, which is exactly the kind of reconciliation an NRI cannot easily do from abroad but a CA closes quickly from the Indian side.

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What's involved

What the CA actually does

  1. 1

    We rebuild the gain correctly

    We compute the gain across all your folios with the right holding-period split and the ₹1.25 lakh long-term exemption applied, so the taxable figure is the real one, not the gross the AMC used.

  2. 2

    We apply the surcharge cap

    We make sure surcharge on your capital gains is capped at 15%, which is where the largest part of an over-deduction on a big redemption usually sits.

  3. 3

    We reconcile the TDS and claim the refund

    We set the TDS the AMC deducted against your real liability, and where it is excess we claim the refund with the Section 244A interest.

  4. 4

    We keep the treaty in view

    Where a distribution rather than a gain was involved, we check whether your treaty rate and a TRC should have applied, and fold that into the same return.

What to have ready

Documents you'll typically need

  • The redemption statement and capital-gains statement from the AMC or RTA
  • The TDS certificate or the entry in your Form 26AS
  • Purchase details for the units, for the holding-period split
  • 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

Fund house withheld more tax than you owe?

Send us the redemption and TDS statement. A practising CA will rebuild the gain and recover the excess on a free call, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.