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United States

NRO interest and Indian dividends when you are a US taxpayer

You earn interest and dividends in India and live in the US, and both countries want a share.

You have Indian income from interest and dividends, an NRO account, some Indian shares or funds, and you are a US person. Both countries tax this income, and there are a couple of points that catch people out: your tax-free NRE interest is not tax-free for the US, and Indian dividends may or may not get the lower US rate. India also deducts tax at source, which you need to line up with the US credit. Here is how NRO interest and Indian dividends sit for a US taxpayer.
Last reviewed: 26 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

A US person is taxed on worldwide income, so both your NRO and your NRE interest are fully taxable in the US as ordinary income; the India NRE exemption does not carry over. Indian dividends are taxable too, but they can qualify for the lower US qualified-dividend rate, because India has a comprehensive tax treaty with the US, if you meet the holding period. India also taxes the NRO interest and the dividends, at a treaty-capped rate, and you claim a US foreign tax credit for that India tax. But the credit is limited to the treaty rate, so if an Indian payer over-deducted, the excess has to be reclaimed from India, not from the US.

References on this page

  • Both NRO and NRE interest are fully taxable to a US person; the India NRE exemption (Section 10(4)) does not carry over
  • Indian dividends can be qualified dividends (lower US rate) because India has a comprehensive US treaty, if the holding period is met
  • India taxes NRO interest (treaty 15%) and dividends; you claim a US foreign tax credit for the India tax
  • The credit is capped at the treaty rate, so over-deducted Indian TDS is reclaimed from India, not the US

Interest: NRE is taxable too

The first surprise is on the NRE side. In India, NRE interest is exempt under Section 10(4), so it feels tax-free. For a US person it is not: the US taxes worldwide income, so both NRO and NRE interest are fully taxable as ordinary income on your US return, and the India exemption has no effect there. NRE interest brings the added sting that India charged nothing, so there is no Indian tax to credit against the US charge.

NRO interest is taxable in both countries. India deducts TDS under Section 195 at about 31% by default, but the treaty caps the tax on interest at 15% if you file a tax residency certificate and Form 10F with the bank. The US then taxes the NRO interest and gives a foreign tax credit for the India tax, up to that 15%. So the practical move is to cap the Indian withholding at 15% so the US credit and the India tax match.

Dividends, the qualified rate, and the credit

Indian dividends are ordinary income for the US, but they can get the lower qualified-dividend rate, the same preferential rate as US dividends, rather than your top ordinary rate. That is because a foreign company's dividend can qualify when the company is eligible for a comprehensive US tax treaty, and India is on the list of qualifying treaty countries. You still have to meet the required holding period, and it does not apply if the payer is a passive foreign investment company, but for ordinary Indian company shares the qualified rate is often available. India taxes the dividend too, and you take a foreign tax credit for the India tax.

Across both interest and dividends, the theme is the same: the US foreign tax credit is limited to the tax the treaty allows India to charge, so anything India over-deducted above that has to be reclaimed from India by filing an Indian return, not credited by the US. Filing the treaty paperwork up front, so the Indian payer withholds at the treaty rate, is what keeps the two sides aligned and avoids money being stranded. A practising CA caps the Indian TDS, reclaims any excess, and gives your US preparer the India-tax-paid detail for the credit.

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What's involved

What the CA actually does

  1. 1

    We cap the Indian TDS

    We file your tax residency certificate and Form 10F so NRO interest and dividends are taxed at the treaty rate, matching what the US will credit.

  2. 2

    We flag the NRE point

    We make sure your NRE interest is reported on the US side, since it is taxable there despite being exempt in India.

  3. 3

    We reclaim over-deduction

    Where an Indian payer withheld above the treaty rate, we file the Indian return to recover the excess, which the US will not credit.

  4. 4

    We supply the credit figures

    We give your US preparer the India-tax-paid detail so the foreign tax credit is claimed correctly.

What to have ready

Documents you'll typically need

  • Your NRO and NRE interest and any Indian dividends
  • The TDS the bank or company deducted
  • Your tax residency certificate and Form 10F, if filed
  • Your PAN and US tax details

Frequently asked questions

Common questions

Indian interest and dividends on your US return?

Tell us the income and the TDS. A practising CA will cap the Indian tax and prime the US credit on a free call, no obligation.

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