What is the capital-gains tax rate on Indian shares for an NRI in US?

Long-term gains on Indian listed equity and equity mutual funds are taxed at 12.5% above a ₹1.25 lakh annual exemption, and short-term gains at 20% (Sections 112A / 111A, post-Budget 2024). The India-US treaty leaves these gains taxable in India (Article 13), so the rate doesn't change because you live in United States of America — but you can recover any TDS the AMC over-withheld.

My AMC deducted more tax than I think I owe on a redemption. Why?

AMCs and brokers withhold on the gain at a flat slab without applying your ₹1.25 lakh long-term exemption or the precise holding-period split. So the TDS often runs ahead of your real liability. When you file your Indian return you compute the gain correctly, apply the exemption and the 12.5% long-term rate, set the TDS against it, and the excess is refunded.

US NRIs · Capital Gains Tax

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

Selling Indian equity or mutual funds from US 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 States of America, gains on those holdings are taxed in India — under the India-US 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.

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India-US key facts: capital gains tax

Default Section 195 rate	12.5%
India-US 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	Internal Revenue Service (IRS)

Rates reflect India's domestic Section 195 withholding and the India-US 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 States of America

US residents are taxed on worldwide income, so this Indian income also lands on your IRS Form 1040 — with a foreign tax credit (Form 1116) for the Indian tax paid. On top of that you report your Indian accounts and assets on the FBAR (FinCEN 114) and Form 8938 once the thresholds are crossed, and Indian mutual funds can trigger punitive PFIC treatment. The India-side tax here is only half the picture.

Frequently asked questions

Common questions from American NRIs

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

NRI capital-gains ITR across multiple brokers US NRI tax guide — all income types & DTAA rates

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

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