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Realising Indian gains inside the UK's 4-year FIG window

You've just moved to the UK and someone mentioned a four-year window where foreign gains escape UK tax, and you're holding Indian assets you may want to sell.

You recently became UK tax-resident after years abroad. You still hold Indian assets, shares, mutual funds, maybe a flat, and you're thinking of selling. A UK adviser has mentioned a new four-year regime where foreign income and gains can escape UK tax, and that the timing of an Indian sale could matter. But the regime doesn't change India's right to tax the gain. So your real question is the India side: what is the Indian gain, what Indian tax is due, and how do you hand it to your UK accountant so the two countries line up.
Last reviewed: 14 June 20269 min readReviewed by Preetesh Maloo, CA

The short answer

From 6 April 2025 the UK replaced the old non-dom remittance basis with a four-year Foreign Income and Gains (FIG) regime. If you were non-UK-resident for the 10 tax years before you arrived, you can claim relief so that foreign income and gains, including Indian ones, fall outside UK tax for your first four UK-resident years, even if you bring the money to the UK. India is unaffected: it still taxes the gain under its own law. TrustNRI handles the India side. We compute the Indian gain and the Indian tax and prepare the position your UK accountant relies on. Whether and when to sell inside the window is your UK adviser's call; we make sure the India numbers are solid.

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What the UK's four-year FIG window actually does

Until 5 April 2025 a UK resident who was not domiciled in the UK could use the remittance basis, foreign income and gains were taxed only if brought into the UK. That regime is gone. From 6 April 2025 the UK taxes residents on their worldwide income and gains as they arise. New arrivers get one transitional shelter: the FIG regime.

If you were not UK-resident in any of the 10 tax years before you arrived, you can claim FIG relief for your first four UK-resident tax years. For those years, the foreign income and gains you claim on. Indian dividends, Indian capital gains, foreign interest, are not taxed in the UK, and it no longer matters whether you remit the money. This is what makes timing matter: a gain sold inside the window can be UK-tax-free when the same gain would not be once the window closes.

The relief is not automatic. You claim it on a UK Self Assessment return, and it has a price. You give up your UK personal allowance and your CGT annual exempt amount for that year. Whether the trade pays off, and which gains to bring into the claim, is your UK accountant's judgement.

Why the UK shelter doesn't touch your Indian tax

It's easy to read "four years tax-free" and assume the gain is tax-free everywhere. It isn't. The FIG regime is a UK relief. It has no effect on India's right to tax a gain that arises in India.

Sell Indian listed shares or equity mutual funds, and India taxes the gain under its own rules (long-term gains over the annual threshold, short-term gains separately). Sell Indian property, and India taxes the gain and the buyer must deduct TDS. None of that goes away because the UK is, for now, leaving the same gain alone.

So for many people in the window the picture is: little or no UK tax on the gain for four years, but the normal Indian tax still due in India. That makes the Indian computation the main event, and it's squarely India-side work.

A worked example: Meera, in her first FIG year

Meera moved to London in May 2025 after eleven years in Singapore, so she clears the "10 years non-resident" test and her 2025/26 tax year is her first FIG year. She holds Indian equity mutual funds bought in 2016 and wants to sell some to fund a UK deposit.

Her UK accountant's view: selling inside the FIG window keeps the gain out of UK tax if she claims FIG relief for the year. But India still taxes it. We compute her Indian long-term capital gain under Section 112A, original cost, units sold, sale value, and the Indian tax on the slice above the annual exemption, and we set out the TDS / advance-tax position so nothing is missed in India.

Meera ends up with one India-side pack: the gain, the Indian tax payable, and the supporting figures. Her UK accountant uses it to confirm the gain qualifies for FIG relief on her UK return. The two sides agree because the numbers came from one source.

SideWho handles itWhat it produces
IndiaTrustNRI (CA)Indian gain, Indian tax, TDS / advance-tax position
UKMeera's UK accountantFIG claim on the Self Assessment return

What you hand your UK accountant

What goes wrong most often isn't the law. It's two advisers working from two different sets of numbers. Your UK accountant needs the Indian gain stated clearly, with the cost basis and dates behind it, so the FIG claim and the India return describe the same transaction.

We build that hand-off on purpose. The Indian computation states the asset, the acquisition cost and date, the sale value and date, the head of gain (listed equity, other asset, property), and the Indian tax position. Where it helps, we add an indicative GBP conversion with the exchange basis stated, while the figures that bind in India stay in rupees.

We don't file your UK return, advise on the FIG claim, or act as your UK tax agent. That's your UK accountant's role. We make the India side accurate and complete so their FIG decision rests on solid ground.

What's involved

What the CA actually does

  1. 1

    We compute the Indian gain under the right head

    We identify whether the asset is listed equity (Section 112A / 111A), another capital asset, or Indian property (Section 112), and compute the gain on that footing, cost, indexation where it applies, sale value, so the Indian number is right before anyone looks at the UK side.

  2. 2

    We set out the Indian tax and TDS / advance-tax position

    We state the Indian tax due on the gain and, for property, the buyer's TDS obligation, so the India side is fully covered. If a lower-deduction certificate (Form 13) would help on a property sale, we flag it.

  3. 3

    We build the data pack your UK accountant needs

    We package the gain, cost basis, dates and Indian tax position into one document your UK accountant can drop into their FIG analysis, with an indicative GBP figure and the exchange basis noted where useful.

  4. 4

    We file the Indian return and produce proof of Indian tax

    Where the gain is taxable in India, we prepare and file your Indian return and obtain the record of Indian tax paid, so you hold clean evidence on the India side whatever happens with the UK FIG claim.

  5. 5

    We stay in our lane: India only

    We don't make the FIG claim, advise on whether to elect, or act as your UK tax agent. We give your UK accountant accurate Indian numbers; the UK decision and the UK return are theirs.

What to have ready

Documents you'll typically need

  • Date you became UK tax-resident and a note of your prior non-resident years
  • Purchase records for the Indian assets, contract notes, fund statements, sale deed
  • Sale details once known, units / shares sold, sale value, dates
  • Demat / mutual-fund statements showing holdings and cost
  • For property: sale agreement, original purchase deed, improvement bills
  • PAN and your latest filed Indian return, if any

References on this page

  • Foreign Income and Gains (FIG) regime, UK, from 6 April 2025 (replacing the non-dom remittance basis)
  • Section 112A / Section 111A. India capital gains on listed shares and equity funds
  • Section 112. India capital gains on other assets, incl. property
  • Section 48, computation of India capital gains
  • India-UK DTAA, Article 14 (Capital Gains) and Article 24 (Elimination of Double Taxation)

Frequently asked questions

Common questions

No. The FIG regime is a UK relief, claimed on a UK return, it can keep foreign income and gains out of UK tax for your first four UK-resident years. It has no effect in India. India still taxes a gain on Indian shares, funds or property under its own rules, so the Indian tax usually stays payable even while the gain is sheltered in the UK.

Your UK accountant. Claiming FIG relief means giving up your UK personal allowance and CGT annual exempt amount for that year, so whether to use the window, and which gains to bring into the claim, is a UK judgement. Our role is to compute the Indian gain and Indian tax correctly so that decision rests on real numbers.

No. We are an Indian-CA practice and work the India side only. The Indian gain, the Indian tax, the Indian return and the proof of Indian tax paid. The FIG claim and the UK return are your UK accountant's job; we give them the India figures they need.

India computes the gain in rupees under its own cost and indexation rules. The UK, when it does tax a foreign gain, recomputes it in sterling using exchange rates at purchase and at sale. During a FIG year the UK may not tax the gain at all, but in a later year the two figures rarely match, which is why a clean India-side computation matters.

Qualification turns on your UK residence history (broadly, non-UK-resident for the 10 tax years before you arrived) and is confirmed by your UK accountant. We don't assess UK residence. What we can do right away is compute your Indian gain and tax so that, whichever way the UK question lands, your India side is ready.

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.

TDS rate when buying property from an NRI

Right now: 12.5% plus surcharge and cess on LTCG

Where it works differently

The gain is short-term
TDS is at the applicable slab rate, effectively 30% plus surcharge and cess for most NRI sellers.
s.195 requires deduction at 'rates in force' for the actual character of the income.
No lower-deduction certificate is obtained
TDS applies to the ENTIRE SALE CONSIDERATION, not to the gain.
s.195 operates on the sum paid unless the AO determines otherwise. This is the whole commercial case for Form 13 / Form 128.
There are joint NRI sellers
TDS is deducted separately against each seller's PAN in their ownership proportion.
Rule 37BA. Deducting entirely against one PAN strands the other's credit.
The buyer deducts 1% under s.194-IA
Wrong section. The buyer becomes an assessee-in-default under s.201 for the shortfall plus 1% per month interest and penalty under s.271C.
s.194-IA applies only where the seller is a RESIDENT.

Commonly got wrong

  • TDS on property purchase is 1% over Rs 50 lakh. That is s.194-IA, for RESIDENT sellers only. For a non-resident seller it is s.195 at the full capital-gains rate, with no threshold.1% applies only if the seller is a resident. NRI seller means s.195 at 12.5% plus surcharge and cess on the whole consideration unless a certificate is obtained.
  • The buyer files Form 26QB. 26QB (Form 141 from 1 April 2026) was for s.194-IA resident sellers. Until 30 September 2026 an NRI-seller purchase needed a TAN and Form 27Q (Form 144 from 1 April 2026). From 1 October 2026 a resident individual or HUF buyer uses Form 141's new Schedule E against their PAN, but still deducts at the s.195 / s.393(2) rate, not 1%.Buying from an NRI, you deduct at the full capital-gains rate, not 1%. If you pay on or after 1 October 2026 and you are a resident individual or HUF, you report it on Form 141 Schedule E against your PAN and give the seller Form 132; no TAN is needed. Payments before that date needed a TAN and Form 27Q or Form 144.

Selling Indian assets in your first UK years?

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