• Tax Liability for Returning NRI on Offshore Investments

Hi, 

I am a financial advisor in Dubai advising NRIs. I have a client who has an offshore mutual fund savings plan (insurance wrapper) valid for 10 years, contributing approx. USD1000-2000 per month. The account is based in Isle of Man (UK). If he is to return to India in say 5 years:

1) Will he be able to continue contributing to the account offshore or will there be any limit?
2) Will there be any tax payable on growth of his mutual funds for the remaining 5 years during his stay in India?
3) What is the tax implication if he were to cash in the funds andrepatriate part or all of the money to India?

Look forward to your reply. 

Kind Regards,

Sandeep Ghosh
Senior Wealth Manager, Globaleye, Dubai.
Asked 7 years ago in Capital Gains Tax

Dear Mr. Sandeep,

With respect to your quarries please find below answers :

a) There is no limit on personal investment outside India, except AD Code Bank approval which is required every time you do the transaction. Unless the transaction is of purchase of property in other country.

b) Since the investment is situated outside India, we need to check DTAA provisions on the said transaction value based on the name of country where investment is made. But mostly any transactions done in the shares and mututal fund are taxed in the country of transaction only and not in the country of residence except in case of person of U. S. Resident.

c) In case of encashing the fund and and repatriation to india said transaction shall not be subject to any tax. However if this funds brought to india and kept in NRO Account than same can not be invested again in any foreign asset in the future and if it is kept in NRE Account than same can be invested again in foreign asset. So there will be no as such tax effect on the transaction referred by you.

Vishrut Rajesh Shah
CA, Ahmedabad
928 Answers
39 Consultations

5.0 on 5.0

Dear Sir,

He can continue investing. Taxability will depends upon the tax treaty of India and investing country.

Thanks and Regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

Hello Sandeep,

The amount that is already invested in the funds will not be taxed in India but the amount of Income earned from the funds the moment he shifts to India will be taxed in India.

Trust this clarifies your query.

Feel free to call / get back in case of further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, ACA, LLB-GEN, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

5.0 on 5.0

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