Implications of income tax for Indian investors investing in the US Stock Market


By Swastik Nigam & Saakar Yadav

Indian traders at the moment are proactively seeking to diversify their portfolios abroad. Now we have seen the resilience and the outperformance of the US markets and we would like in. Nonetheless, many people are unaware or confused concerning the tax implications of investing in US shares. The excellent news is that generally, the tax implications are literally fairly straight ahead.

Tax legal responsibility on the earnings from the US inventory by Indian traders relies upon upon two components. One is the character of incomes and the second is the residential standing in India.

Let’s talk about the tax legal responsibility primarily based on every of the components individually.

Nature of Incomes

There are two forms of ‘revenue’ which you could make out of your investments in US shares.

● Dividends: If you happen to personal inventory or ETF listed within the US that pays a dividend, your tax legal responsibility within the US could be a flat 25% (decrease than in any other case for a overseas investor as a result of tax treaty between US and India). This tax will probably be withheld earlier than you obtain the dividend, which implies that you’ll obtain 75% of the dividend as a money payout.

Additionally, you will should pay taxes on such dividend revenue in India. From FY 2020-21, it’s a must to pay tax on any dividend revenue earned by you. Such dividend revenue will probably be added to your complete revenue for the 12 months and will probably be taxed on the relevant slab charge.

The excellent news is that it is possible for you to to offset the US tax withheld towards your tax legal responsibility in India as US and India have a Double Taxation Avoidance Settlement (DTAA). This lets you take credit score for the tax withheld within the US and alter it with the tax legal responsibility in India.

● Capital Features: While you promote any holdings within the US, you earn capital beneficial properties. The acquire quantity would be the ‘Sale Value – Acquisition Value’ of the safety. Fortuitously, there isn’t a capital acquire tax within the US for foreigners. Nonetheless, you’ll nonetheless be liable to pay tax on the capital beneficial properties in India and your tax legal responsibility relies upon upon the class that the capital beneficial properties fall in.

  • Lengthy Time period Capital Achieve: If you happen to maintain the shares for greater than 24 months earlier than promoting them, the acquire will probably be categorized as long run capital beneficial properties and will probably be taxed at 20% (plus relevant cess and surcharge) after indexation of value.
  • Brief Time period Capital Achieve: If you happen to maintain the shares for as much as 24 months earlier than promoting them, the acquire will probably be categorized as brief time period capital beneficial properties and will probably be added to your regular revenue to be taxed on the slab charge relevant to you.

How will your dividends and capital gains from investing in US stocks taxed?

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How will your dividends and capital beneficial properties from investing in US shares taxed?

Residential Standing

Within the Indian revenue tax context, the residential standing of a person is split into three completely different classes. The taxes relevant to them are mentioned under.

● Resident & Ordinarily Resident (ROR): For RORs, world revenue is taxed in India. Thus, it’s a must to pay taxes on your whole earnings from US inventory holdings in India.

● Resident however Not Ordinarily Resident (RNOR) & Non-Resident (NRI): For RNORs & NRIs, overseas revenue is taxable provided that

  • it’s acquired in India, or
  • is accrued in India from a enterprise managed in or a career set-up in India

Thus, if you’re an RNOR or an NRI, it’s a must to pay taxes on solely these earnings from US shares which is acquired in India or which is from a enterprise managed in or set-up in India like Infosys, Tata Motors and so forth.

In gentle of the factors above, we will see that the tax implications for investing within the US inventory market are fairly easy and simple. Tax worries shouldn’t cease an Indian from investing within the US markets.

(The article is co-authored by Swastik Nigam, Founder & CEO, Winvesta and Saakar Yadav, Managing Director,

(Views expressed by the creator is his personal.)

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