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NRI Tax Rates in UAE & India: Unraveling DTAA

Ramalingam Kalirajan |10894 Answers |Ask -Follow

Mutual Funds, Financial Planning Expert - Answered on Apr 11, 2025

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more

Question by Virinder on Apr 03, 2025

What is the tax rate applicable for NRI's in UAE under DTAA with a Tax residency certificate on Divident earned in DEMAT account (NRE & NRO) and Tax on Long term Capital Gains in Mutual Funds

Ans: ???? Taxation for UAE-Based NRIs on Dividends and Mutual Fund Gains in India
(With Valid Tax Residency Certificate and Form 10F Submitted)
???? Tax on Dividend Income from Mutual Funds
Dividends received by NRIs from mutual funds in India are considered taxable income. By default, this income is taxed at 20% (plus applicable surcharge and cess) under Indian tax laws. However, as a resident of the UAE, you are eligible for benefits under the India–UAE Double Taxation Avoidance Agreement (DTAA).

Under Article 10 of this treaty, dividend income is taxed at only 10% in India, provided you submit the required documents—namely, a Tax Residency Certificate (TRC) issued by the UAE tax authorities, and Form 10F to the mutual fund house or registrar.

Since the UAE does not impose any personal income tax, no additional tax is payable there. Hence, the effective tax rate on dividends for compliant UAE NRIs becomes 10%, deducted at source (TDS) in India. No further tax filing is needed in the UAE.

???? Tax on Long-Term Capital Gains from Mutual Funds
There is a clear distinction in Indian tax law between equity and debt mutual funds:

Equity mutual funds, when held for more than 12 months, attract long-term capital gains (LTCG) tax at 12.5% (plus surcharge and cess) on gains above ?1.25 lakh per financial year.

Debt mutual funds, regardless of the holding period, are taxed at the NRI’s income slab rate, which could go up to 30% (plus surcharge and cess), depending on total income.

However, the India–UAE DTAA offers a powerful exemption. Under Article 13, any capital gains—whether from shares, debentures, or mutual fund units—are taxable only in the country of tax residency. For a UAE resident NRI, this means such gains are not taxable in India if proper DTAA documentation is submitted.

Since the UAE does not levy capital gains tax, your mutual fund capital gains become completely tax-free—both in India and the UAE. This exemption applies to both long-term and short-term gains, across equity and debt mutual funds.

To qualify for this, ensure the following:

You have stayed in India for less than 182 days in the relevant financial year.

You possess a valid UAE-issued TRC.

You have submitted Form 10F and a DTAA declaration to the AMC or mutual fund registrar.

???? Does Using NRE or NRO Account Affect Taxation?
Using an NRE or NRO account to invest in mutual funds does not affect how capital gains or dividend income are taxed. The tax treatment depends solely on the source of income and your tax residency status.

However, to ensure the DTAA benefits are applied properly, it's important to route transactions through well-documented accounts and keep all tax-related declarations updated each financial year.

AMCs or brokers may still deduct tax at default higher rates unless TRC and Form 10F are submitted in advance. So, document submission timing is critical.

? Applicable Tax Rates

If you do not submit DTAA documents, you may face higher default tax rates:

Dividends: 20% plus surcharge

Equity Mutual Fund LTCG (above ?1.25 lakh): 12.5% plus surcharge

Debt Mutual Fund LTCG: Up to 30% based on income slab

Once you submit TRC and Form 10F, the reduced rates under DTAA apply:

Dividend income is taxed at 10% in India and 0% in the UAE.

Capital gains (both equity and debt) become fully exempt in India and non-taxable in the UAE.

This leads to a highly tax-efficient structure for UAE-based NRIs investing in Indian mutual funds.

???? Key Documents to Submit for DTAA Benefits
To avail the reduced or zero tax rates, you must submit the following documents each financial year:

A valid Tax Residency Certificate (TRC) issued by UAE authorities

Form 10F, submitted online through the Indian income tax portal

A self-declaration under DTAA, usually required by the AMC or broker

Proof of your PAN card and residency in UAE

Ensure these are submitted before any dividend payout or redemption of mutual fund units to avoid higher TDS deduction at default rates.

???? Final Insights
UAE-based NRIs enjoy a uniquely favourable tax treatment when investing in Indian mutual funds. By simply submitting the required DTAA documentation, they can avoid capital gains tax entirely—on both equity and debt mutual funds, regardless of holding period or gain size.

Dividend income remains taxable in India, but only at a concessional 10% rate, thanks to the treaty. With no taxation in the UAE and India’s robust mutual fund landscape, this creates an ideal environment for long-term, tax-efficient wealth creation.

Do ensure timely submission of TRC and Form 10F every financial year, and maintain NRI status by limiting your stay in India to less than 182 days annually. With this discipline, your mutual fund investments can compound without friction from taxation.

Would you like a step-by-step guide for uploading Form 10F and TRC on the Income Tax Portal?

Warm regards,
K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

https://www.youtube.com/@HolisticInvestment

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