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NRIs May Avoid Paying Taxes on Mutual Fund Investments Under DTAA: Key Insights

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Non-Resident Indians (NRIs) investing in Indian mutual funds might legally avoid paying capital gains tax if certain Double Taxation Avoidance Agreement (DTAA) conditions are met. Let’s break down the important points you should know:

DTAA and the Residual Clause: How It Works

When India has a DTAA with another country and capital gains on mutual funds fall under the residual clause, taxation rights shift to the country of residence. If the NRI’s country of residence does not levy capital gains tax on mutual funds, the individual could potentially pay zero tax in India on those gains.

Real-World Example:

If Mr. A becomes a tax resident of the UAE after 20 years and fulfills the necessary DTAA requirements, his capital gains tax liability in India could be zero.

Why This is Possible:

Key Conditions NRIs Must Satisfy:

Countries Favorable to NRIs Due to Residual Clause and No Capital Gains Tax:

Countries Where Capital Gains on Mutual Funds Are Taxed in India:

Final Thoughts:

India has signed DTAAs with over 90 countries, and each treaty has unique provisions. NRIs must carefully examine the DTAA of their country of residence and ensure compliance with all documentation and residency requirements to benefit from zero capital gains tax on mutual funds.

Consult a tax advisor familiar with NRI tax planning and international taxation to make the most of these opportunities without falling foul of anti-abuse provisions.

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