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Sri Lanka NRIs · Capital Gains Tax

Capital gains tax on Indian shares and mutual funds for NRIs in Sri Lanka

Selling Indian equity or mutual funds from Sri Lanka triggers Indian capital-gains tax — here's the rate, the AMC withholding, and how to reclaim the excess.

If you invest in Indian listed shares or mutual funds while living in Sri Lanka, gains on those holdings are taxed in India — under the India-Sri Lanka treaty, India keeps the right to tax gains on Indian securities (Article 13(5): India taxes gains on shares of an Indian company), so the headline long-term rate stays at 12.5%. When you redeem, your broker or AMC withholds tax on the gain before paying you, often at a flat rate that runs ahead of what you actually owe once the ₹1.25 lakh long-term exemption and your holding period are applied. The over-withheld amount comes back through your Indian return.

India-Sri Lanka key facts: capital gains tax

Default Section 195 rate12.5%
India-Sri Lanka DTAA treaty rate12.5%
Your saving via the treatyNo rate reduction — see note below
Treaty article / basisArticle 13(5): India taxes gains on shares of an Indian company
Your TRC issuing authorityInland Revenue Department (IRD)

Rates reflect India's domestic Section 195 withholding and the India-Sri Lanka treaty. Surcharge and cess apply on top where relevant.

How it works on the India side

Indian capital-gains tax on equity and equity mutual funds follows Sections 111A and 112A: long-term gains (held over a year) are taxed at 12.5% above a ₹1.25 lakh annual exemption, and short-term gains at 20%, after the Budget 2024 changes. For an NRI, the AMC or broker deducts TDS on the gain at redemption — and because they apply a flat slab without your personal exemption or full holding-period detail, the deduction is frequently more than your real liability.

The correction happens on your return. You compute the gain properly across all your folios and brokers, apply the exemption and the right rate per holding period, and set the TDS already deducted against it. Where the TDS exceeded the actual tax — which is common once the exemption is applied — the excess is refunded. Getting the cost basis right across multiple brokers is the part that most often goes wrong.

What changes because you live in Sri Lanka

Sri Lankan residents are taxed on worldwide income, with a foreign tax credit for the Indian tax paid. The standout benefit is the dividend rate: the treaty caps Indian dividends at just 7.5%, one of the lowest India offers any country, so claim it up front with a TRC and Form 10F rather than letting the company withhold 20%. Note that the large Hill-Country Tamil community are mostly Sri Lankan citizens, not NRIs, so your Indian-passport and OCI status is what decides whether the treaty applies.

Frequently asked questions

Common questions from Sri Lanka NRIs

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Capital Gains Tax sorted, by an Indian CA who works with Sri Lanka NRIs

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