Vietnam NRIs · Capital Gains Tax
Capital gains tax on Indian shares and mutual funds for NRIs in Vietnam
Selling Indian equity or mutual funds from Vietnam triggers Indian capital-gains tax — here's the rate, the AMC withholding, and how to reclaim the excess.
India-Vietnam key facts: capital gains tax
| Default Section 195 rate | 12.5% |
| India-Vietnam DTAA treaty rate | 12.5% |
| Your saving via the treaty | No rate reduction — see note below |
| Treaty article / basis | Article 14(5): India taxes gains on shares of an Indian company (capital gains sit in Article 14 in this treaty, not 13) |
| Your TRC issuing authority | General Department of Taxation (provincial Department of Taxation) |
Rates reflect India's domestic Section 195 withholding and the India-Vietnam 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 Vietnam
Vietnamese residents are taxed on worldwide income at rates up to 35%, with a foreign tax credit for the Indian tax already paid. One quirk of this treaty catches accountants out: capital gains sit in Article 14, not the usual Article 13 (which is Technical Fees here), so a share sale referenced to the wrong article can misstate India's taxing right. The 2026 personal-income-tax reform changes only the Vietnamese-side brackets, not the Indian treaty position.
Frequently asked questions
Common questions from Vietnam NRIs
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Capital Gains Tax sorted, by an Indian CA who works with Vietnam NRIs
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