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UAE NRIs · Capital Gains Tax

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

Selling Indian equity or mutual funds from UAE 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 United Arab Emirates, gains on those holdings are taxed in India — under the India-UAE treaty, India keeps the right to tax gains on Indian securities (Article 13), 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-UAE key facts: capital gains tax

Default Section 195 rate12.5%
India-UAE DTAA treaty rate12.5%
Your saving via the treatyNo rate reduction — see note below
Treaty article / basisArticle 13
Your TRC issuing authorityFederal Tax Authority (FTA)

Rates reflect India's domestic Section 195 withholding and the India-UAE 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 United Arab Emirates

The UAE has no personal income tax, so there is no second layer and no foreign tax credit to chase — the India-side tax shown here is the entire story. That makes claiming the treaty rate pure saving: every point you bring the Indian withholding down by stays in your pocket, with nothing owed in the UAE on the same income.

Frequently asked questions

Common questions from Gulf NRIs

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Read the full guide, or see your country's complete picture

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

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