Chartered Accountants in India, working with clients across the UK

Special Provisions for NRIs
NRI Taxation · Foreign exchange assets

Special tax provisions for NRIson foreign exchange assets.

Indian tax law has a separate regime for NRIs who invest in India with money brought from abroad. It taxes investment income at 20% and long-term gains at 12.5%, offers an exemption on reinvestment and can remove the need to file a return. We check whether it helps you and apply it correctly.

Eligibility and source of funds checkedFees agreed in writingCompared with normal rules
Who can use itIndian citizens and PIOs abroad
FundingBought with foreign currency
Rates20% income, 12.5% gains
ReturnNot needed in some cases

What the special provisions are.

These rules, long known as Chapter XII-A or sections 115C to 115I, have been carried into the Income-tax Act, 2025. They give non-resident Indians a simpler, flat-rate regime for income from certain Indian assets bought with foreign currency.

They are optional. You can use them, or have the normal rules apply. Since equity gains and dividends are now taxed at similar rates under the normal rules, they matter most for interest-bearing assets, the reinvestment exemption and the no-return rule.

Who qualifies

An individual who is a non-resident and is either an Indian citizen or a person of Indian origin. Companies, HUFs and foreign nationals without Indian origin cannot use them.

Which assets qualify.

The provisions apply only to foreign exchange assets: specified assets bought, or subscribed to, with convertible foreign exchange, for example money remitted from the UK or paid from an NRE or FCNR account.

Qualifies

Shares of an Indian company

Private or public company shares bought with foreign exchange.

Qualifies

Debentures of a public company

Issued by an Indian company that is not a private company.

Qualifies

Deposits with a public company

Deposits with an Indian company that is not a private company.

Qualifies

Central Government securities

And any other asset the government notifies.

Property and bank deposits are not covered

Indian property, and interest on bank deposits, fall outside these rules and are taxed under the normal provisions.

How income is taxed under them.

ItemSpecial provisionsNormal rules for NRIs
Interest and dividends from foreign exchange assets20% flatSlab rates for interest; 20% TDS on dividends
Long-term gains on foreign exchange assets12.5%12.5% for most long-term gains
Deductions and expenses against this incomeNot allowedAllowed where the law permits
Basic exemption limit against this incomeNot availableAvailable against slab-rate income
Exemption if gains are reinvestedYes, within 6 monthsOnly through the usual reinvestment exemptions
Return needed if TDS deducted in fullNoYes, if income is above the limit

Surcharge and cess are added to these rates. The 12.5% rate on long-term gains has applied since 23 July 2024, when it replaced 10%.

The reinvestment exemption.

Long-term gains on a foreign exchange asset are exempt if the net sale amount is reinvested within six months in another specified asset or certain savings certificates. If only part of the amount is reinvested, the exemption is proportionate.

Example: shares bought with GBP remittance
Net sale amount₹40,00,000
Less cost of the shares₹25,00,000
Long-term gain₹15,00,000
Amount reinvested within 6 months₹30,00,000
Exempt share of the gain (30 of 40)₹11,25,000
Taxable gain₹3,75,000

If the new asset is sold or converted into money within three years, the exempt gain becomes taxable in that year.

What happens when you become resident.

  • Option to continueOn becoming resident, you can choose to keep the special rules for investment income from foreign exchange assets other than shares.
  • How to chooseBy a written declaration with your return for the year you become resident.
  • How long it lastsUntil the asset is sold or converted into money.
  • Opting out completelyIn any year, you can choose for the special rules not to apply, by declaring this in your return.

This is useful if you are planning a move back from the UK. See Returning Indian.

When the provisions help, and when not.

Can help

High earners holding company deposits or debentures bought from abroad, who would otherwise pay 30% on the interest.

Can help

NRIs selling shares at a gain who plan to reinvest in India within six months.

May not help

Small investors whose income would be under the exemption limit, as no basic exemption is allowed against this income.

How we apply the special provisions.

01
Eligibility

Confirm you qualify

Your citizenship or Indian origin and your residential status for the year.

02
Funds

Trace the source of money

Bank records showing the assets were bought with foreign exchange.

03
Compare

Run both calculations

Tax under the special provisions and under the normal rules.

04
File

Make and record the choice

The right schedule and declarations in your return, or no return where none is needed.

Why NRIs in the UK choose us for India tax.

Both sides of the border

We work with the India side of your tax while keeping your UK Self Assessment and treaty position in view.

Reviewed before filing

Every computation is checked by a second Chartered Accountant before anything is filed.

Fees agreed in writing

A written scope and fee before work starts, with no surprise charges later.

Secure and fully online

Encrypted document sharing and e-verification, so nothing needs a trip to India.

One team all year

Returns, TDS refunds, FEMA questions and property sales handled by the same team.

Plain-English answers

Clear explanations of what you owe, why, and what to keep for next year.

Special provisions advice for NRIs across the UK.

We advise Indian citizens and persons of Indian origin living throughout the UK on investing in India with money from abroad, and on whether the special provisions reduce their Indian tax.

London

City of LondonCanary WharfHarrowWembleySouthallHounslowIlfordEast HamCroydonEdgware

South East

ReadingSloughMilton KeynesOxfordWatfordLutonCrawleyGuildford

Midlands

BirminghamLeicesterCoventryNottinghamWolverhamptonDerbyNorthampton

North of England

ManchesterLeedsBradfordSheffieldLiverpoolNewcastlePreston

East and South West

CambridgePeterboroughBristolSwindonSouthamptonBath

Scotland, Wales, NI

EdinburghGlasgowAberdeenDundeeCardiffSwanseaBelfast

Special provisions for NRIs FAQs.

Non-resident individuals who are Indian citizens or persons of Indian origin. They are not available to companies, HUFs or foreign nationals without Indian origin.
A specified asset bought with convertible foreign exchange, such as shares of an Indian company, debentures or deposits of an Indian public company, or Central Government securities.
Investment income from foreign exchange assets is taxed at 20%, and long-term gains on them at 12.5%, plus surcharge and cess. No deductions or basic exemption are allowed against this income.
Not if your only Indian income is income covered by these provisions and full TDS has been deducted from it.
Yes. Long-term gains are exempt if the net sale amount is reinvested within six months in specified assets. Selling the new asset within three years reverses the exemption.
No. Bank deposit interest and property are outside these rules. NRE interest is separately exempt while you are non-resident.
You can choose to keep the special treatment for investment income from foreign exchange assets other than shares, by declaring this in your return, until those assets are sold.

Invested in India with money from the UK?

Tell us what you hold and how it was funded. We will compare the special and normal rules for you.

This page is general guidance based on Indian income-tax and FEMA rules as they stand, including the Income-tax Act, 2025 that applies from 1 April 2026. It is not legal or financial advice for your situation. Rates, limits and deadlines can change, so please speak to us before acting on it.