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The India-UK tax-sparing credit on your NRE and FCNR interest, and its limits

My NRE interest is tax-free in India but taxed in the UK. I read the treaty gives a credit for the Indian tax that was spared. Does that still work?

Your NRE or FCNR interest is exempt in India, so no Indian tax is deducted, but the UK taxes you on it as a resident. You have read that the India-UK treaty lets you claim a credit for the Indian tax that was spared, and you want to know whether that still reduces your UK bill or whether it is out of reach.
Last reviewed: 30 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

The India-UK treaty does contain a tax-sparing credit. Because your NRE interest is exempt in India under a provision the treaty specifically lists, the UK can treat you as having paid the Indian tax you would have paid but for that exemption, and give you a credit for it, capped at 15%. The catch is a strict ten-year limit: the credit is only available for income arising within about ten years of when the exemption first applied to that source, so for a long-held NRE account it has often already run out. On top of that, whether HMRC gives the credit on interest that was fully exempt, like NRE interest, rather than interest that bore some Indian tax, is unsettled, so a claim can be questioned. The mechanism is real, but whether it helps you needs a careful look and usually UK-side advice.

References on this page

  • India-UK DTAA, Article 24(3) and 24(4)(a) (tax-sparing)
  • India-UK DTAA, Article 24(5) (10-year limit)
  • India-UK DTAA, Article 12 (interest, 15%)
  • Section 10(4)(ii) (NRE interest exempt)

What the tax-sparing credit is

Normally you only get a foreign tax credit for tax you actually paid abroad. A tax-sparing clause is an exception: it lets your home country give credit for tax the other country chose not to charge, usually to preserve the value of an incentive.

The India-UK treaty has one, in Article 24. It says the Indian tax you are treated as having paid includes tax that would have been charged but for certain listed Indian exemptions, and the exemption for NRE-account interest, under Section 10(4) of the Indian law, is one of those listed. So even though India took no tax on your NRE interest, the UK can, in principle, give you a credit as if India had taxed it, which reduces your UK tax on the same interest.

How much, and the fifteen percent cap

The credit is not unlimited. It is based on the Indian tax that would have applied to the interest but for the exemption, and under the treaty India's tax on interest paid to a UK resident is capped at 15%. So the deemed credit is worked out at up to 15% of the interest, and it is then limited again to the actual UK tax on that interest, whichever is lower.

In practice, for a basic-rate UK taxpayer the UK tax may be below 15%, so the credit can wipe out the UK tax on the interest; for a higher-rate taxpayer the 15% cap bites and some UK tax remains. Either way it is a real reduction, when it is available.

The ten-year limit, which often ends it

The important limit is time. The treaty only allows the tax-sparing credit for income arising within about ten fiscal years of when the exemption was first granted for that source. After that, your NRE interest stays exempt in India but the UK gives no credit and taxes it in full.

For many NRIs this window has already closed, because the NRE account and its exemption have been running for well over ten years. So the first thing to check is not whether the clause exists, which it does, but whether your ten years are still open. If they are not, the credit is simply not available, however the interest is taxed.

Why you should take advice before relying on it

Two things make this a matter for care rather than a simple claim. It is genuinely unsettled whether HMRC gives the credit on interest that was fully exempt, like NRE interest, rather than interest that bore some Indian tax that was then relieved, so a claim on exempt NRE interest can be questioned. And a common suggestion, that moving the money into a new NRE account restarts the ten-year clock, is not supported by the treaty, which ties the limit to the source of the income rather than the account, so treating a fresh account as a reset is a risk, not a technique.

The position can also differ for FCNR interest, which is exempt in India under a different provision than NRE, so do not assume the same tax-sparing treatment carries across. The honest position is that the credit is real and worth checking, especially if your NRE account is relatively recent, but whether it helps you, and how to claim it safely, is a UK-side question worth taking to a specialist. We give you the Indian facts, the exemption and the interest figures, that a UK adviser needs to make the call.

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What's involved

What the CA actually does

  1. 1

    Confirm the Indian side

    We document that your NRE interest is exempt under Section 10(4), and provide the interest figures and dates your UK adviser needs to assess the tax-sparing credit.

  2. 2

    Check your ten-year window

    We help work out when the exemption first applied to your NRE source, so you know whether the credit is even still available before you spend effort claiming it.

  3. 3

    Keep the Indian position clean

    We make sure your Indian residential status and account treatment are correct, so the exemption you are relying on actually holds.

  4. 4

    Coordinate with your UK adviser

    We hand your UK accountant a clear Indian-side pack, and flag the points, the 15% cap, the ten-year limit, and the reset risk, so the claim is made safely or not at all.

What to have ready

Documents you'll typically need

  • NRE and FCNR interest certificates
  • When each account was opened
  • Your UK tax position, from your adviser
  • PAN and passport

Frequently asked questions

Common questions

UK-taxed on your tax-free NRE interest?

Send us your NRE details and account dates. A practising CA will give your UK adviser the Indian facts to check the tax-sparing credit. Free call, no obligation.

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