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.
India-UAE key facts: capital gains tax
| Default Section 195 rate | 12.5% |
| India-UAE DTAA treaty rate | 12.5% |
| Your saving via the treaty | No rate reduction — see note below |
| Treaty article / basis | Article 13 |
| Your TRC issuing authority | Federal 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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Capital Gains Tax sorted, by an Indian CA who works with Gulf NRIs
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