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Retirement

US Social Security after you move back to India, and why India does not tax it

You draw US Social Security, you have moved back to India, and you are worried that as a resident on worldwide income India will now tax it too.

You worked in the US, you now draw Social Security, and you have returned to India. As an Indian resident you are taxed on worldwide income, so the natural fear is that India taxes the Social Security on top of anything the US takes. In fact the India-US treaty keeps Social Security taxable only in the US. Two things trip people up, though: the belief that paying it into an Indian bank account makes it Indian income, and the fact that a 401(k) or IRA is treated the opposite way, so people either overpay on the Social Security or wrongly assume the private pension is also exempt. Sorting the exempt from the taxable, claiming the treaty, and disclosing both correctly is India-side work.
Last reviewed: 4 August 20267 min readReviewed by Preetesh Maloo, CA

The short answer

Under Article 20(2) of the India-US tax treaty, US Social Security and other US public pensions are taxable only in the United States, even after you become an Indian resident taxed on worldwide income. India does not tax them. This is the reverse of a private pension, a 401(k) or an IRA (Article 20(1)), which is taxable in your country of residence, so India can tax those. The treaty position overrides India's domestic rule that income received in India is taxable, through Section 90(2) (Section 159 under the Income-tax Act 2025), so having the money paid into an Indian bank account does not make it India-taxable. What you still must do: report the Social Security as exempt income in your Indian return, and disclose the US account in Schedule FA once you are ordinarily resident. The India-side job is separating the exempt Social Security from any taxable private-pension income, claiming the treaty position, and disclosing both so a mismatch notice never starts.

References on this page

  • India-US DTAA Article 20(2): social security and other public pensions taxable only in the paying State (the US)
  • India-US DTAA Article 20(1): private pensions and annuities (401(k) / IRA) taxable in the State of residence
  • Section 90(2), Income-tax Act: the taxpayer may adopt the more beneficial treaty position (Section 159 under the Income-tax Act 2025)
  • Section 5: scope of total income; the treaty overrides the domestic received-in-India rule
  • Schedule FA / Schedule EI of the ITR: foreign-asset and exempt-income disclosure once ordinarily resident

US Social Security is taxable only in the US

The treaty settles this cleanly. Under Article 20(2) of the India-US treaty, social security benefits and other public pensions paid by one country are taxable only in that paying country. So US Social Security is a US-only item, and India does not tax it, even after you become a resident and ordinarily resident taxed on your worldwide income.

This is worth stating precisely because the opposite is true for a private pension. A 401(k), an IRA or a private annuity falls under Article 20(1), which assigns the taxing right to your country of residence. Once you are an Indian resident, India can tax a 401(k) or IRA distribution (subject to the timing relief in Section 89A). So two payments that both come from the US, and both feel like retirement money, are treated in exactly opposite ways: the Social Security is India-exempt, the 401(k) is India-taxable. Getting them on the right side of that line is the whole point.

Paying it into an Indian account does not make it taxable here

The most common worry is that once the Social Security lands in an Indian bank account it becomes Indian income. It does not.

India's domestic law taxes income received in India, but Section 90(2) lets you take whichever position is more beneficial, the domestic law or the treaty. Where the treaty says an income is taxable only in the US, that beats the domestic received-in-India rule. So the account the money is paid into does not decide the tax; the treaty does. Whether your Social Security is credited to a US account, an NRE account or an ordinary savings account in India, the answer is the same: taxable only in the US. Section 90(2) becomes Section 159 under the Income-tax Act 2025, but the override works the same way.

Exempt does not mean invisible, so you still disclose it

Not taxed is not the same as not reported. Two disclosures still apply once you are ordinarily resident, and skipping them is what turns a clean position into a notice.

First, the Social Security is shown as exempt income in your Indian return, in the exempt-income schedule, so the department sees why nothing was taxed on it. Second, if you hold a US account or retirement asset connected to it, that foreign asset goes in Schedule FA every year, with no minimum value threshold. Schedule FA is a disclosure duty separate from tax, and the Black Money Act 2015 treats a missing foreign asset as a default in its own right, regardless of whether any tax was due. So the sequence is: claim the treaty exemption on the income, and disclose the asset anyway. The exemption protects the tax; the disclosure protects you from the penalty.

A worked example: Ravi draws Social Security and a 401(k) in Pune

Ravi worked in the US for over twenty years and moved back to Pune, where he is now ordinarily resident. He draws US Social Security of about 2,000 dollars a month, and he also takes withdrawals from a 401(k).

The two are taxed differently. His Social Security is taxable only in the US under Article 20(2), so India does not tax it, even though it is paid into his Indian bank account. His 401(k) withdrawals fall under Article 20(1) and are taxable in India as his country of residence, with a foreign tax credit for the US tax withheld.

His CA reports the Social Security as exempt income, computes and pays Indian tax only on the 401(k) withdrawal, claims the credit for the US tax on it, and discloses both US sources in Schedule FA. Ravi pays India nothing on the Social Security and the right amount on the 401(k), and there is no mismatch for the department to query.

US retirement incomeTreaty articleTaxed in India?
Social SecurityArticle 20(2)No, US-only
401(k) / IRA withdrawalArticle 20(1)Yes, with a foreign tax credit

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What's involved

What the CA actually does

  1. 1

    We confirm the treaty exemption on your Social Security

    We confirm your residential status and apply Article 20(2) so your US Social Security is treated as taxable only in the US, and not taxed again in India.

  2. 2

    We separate the exempt Social Security from taxable private pensions

    We split your US retirement income into the Social Security (India-exempt) and any 401(k), IRA or private pension (India-taxable under Article 20(1)), so each is treated correctly rather than lumped together.

  3. 3

    We disclose it correctly so no notice starts

    We show the Social Security as exempt income and put the US account and holdings in Schedule FA, so the position is on record and the Black Money Act disclosure duty is met even though the income is not taxed.

  4. 4

    We compute and claim the credit on the taxable slice

    For any 401(k) or IRA withdrawal that India does tax, we compute the Indian tax and claim the foreign tax credit on Form 67 for the US tax withheld, so you are not taxed twice on that part.

  5. 5

    We keep the US side to your US preparer

    We work the India side only. The US return and any US tax on the Social Security or the 401(k) are your US preparer's job; we make sure the India treatment and disclosures are right.

What to have ready

Documents you'll typically need

  • Your US Social Security statement (SSA-1099) and the amount drawn
  • 401(k) / IRA statements and any withdrawal, with US tax withheld
  • Your date of return to India and residency history
  • The Indian bank account the Social Security is paid into
  • PAN and your latest Indian return, if any

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 46 countries.

Frequently asked questions

Common questions

Drawing US Social Security back in India?

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