US Proposes 3.5% Remittance Tax: What NRIs in America Must Know About the “One Big Beautiful” Tax Act

India continues to be a favored investment destination for Non-Resident Indians (NRIs), particularly those based in the United States. With a robust growth outlook, regulatory reforms, and increasing ease of doing business, many US-based NRIs are allocating funds toward Indian equities, startups, mutual funds, and real estate. However, cross-border investment also brings with it a set of compliance, reporting, and taxation challenges—especially when operating between two tax jurisdictions as complex as India and the United States.

This article outlines the key considerations US-based NRIs must keep in mind while investing in India, the taxation benefits offered by GIFT City (Gujarat International Finance Tec-City), and how to remain compliant with US tax laws when investing overseas.

Key Considerations for US-Based NRIs Investing in India

1. Understand Dual Taxation Framework

India and the US have signed a Double Taxation Avoidance Agreement (DTAA), which aims to ensure that income is not taxed twice—once in India and again in the US. However, this does not mean tax exemption. In most cases, income earned in India is taxed in India first, and a foreign tax credit is provided in the US against the taxes paid in India.

For instance, if a US-based NRI earns rental income in India and pays tax on it as per Indian slabs, that income still needs to be reported in their US tax return. However, the tax paid in India can be claimed as a foreign tax credit against the US tax liability on the same income.

2. Be Mindful of the Reporting Obligations in the US

All global income must be reported in the US, irrespective of the location of the investment. Key reporting requirements include:

• FBAR (Foreign Bank Account Report - FinCEN Form 114): Required if the aggregate value of all foreign financial accounts exceeds USD 10,000 at any point in the year.

• FATCA (Form 8938): Required if total foreign financial assets exceed specified thresholds (for most NRIs, it is USD 50,000 for single filers and USD 100,000 for joint filers).

• Form 8621 (PFIC Reporting): Applicable when holding units in Indian mutual funds, which are often classified as Passive Foreign Investment Companies (PFICs) under US tax laws.

Failure to comply with these reporting requirements may attract substantial penalties, even if no tax is due.

3. Investment Products May Have Different Tax Treatment in the US

Some financial instruments that are tax-efficient in India may not offer the same advantage in the US. For example:

• Indian mutual funds are taxed as PFICs in the US, which could attract an unfavorable tax regime if not reported properly.

• While Unit Linked Insurance Plans (ULIPs) enjoy tax exemption in India under Section 10(10D), they do not receive similar tax benefits under U.S. tax law. If the policy does not meet the criteria defined by the IRS (such as failing to qualify as a life insurance contract under U.S. rules), the income or gains from such a policy will be subject to taxation in the United States.

Thus, product suitability should be reviewed not only from an Indian taxation perspective but also considering US tax consequences.

4. Repatriation and FEMA Compliance

Investments in India must be routed through designated Non-Resident accounts—such as NRE, NRO, or FCNR accounts. Repatriation of funds from India requires adherence to FEMA (Foreign Exchange Management Act) regulations. For example, proceeds from the sale of property or interest income can be repatriated up to USD 1 million per financial year from the NRO account, subject to filing Form 15CA and 15CB.

Proper documentation is crucial at the time of entry and exit from investments to ensure smooth repatriation and tax clearance.

Benefits of Investing Through GIFT City

GIFT City (Gujarat International Finance Tec-City) is India's first International Financial Services Centre (IFSC), designed to offer globally competitive services and regulations. It has emerged as an attractive gateway for NRIs, especially those from the US, to invest in India while availing of specific tax and regulatory benefits.

Key Tax Benefits in GIFT City for NRIs

1. Tax Exemption on Interest Income: NRIs investing in debt instruments or deposits with IFSC Banking Units (IBUs) can earn interest income that is tax-free in India under Section 10(15)(ix) of the Income Tax Act.

2. No Capital Gains Tax on Transfers of Specified Securities: Certain securities traded on IFSC exchanges are exempt from capital gains tax, provided conditions are met.

3. No Securities Transaction Tax (STT), Commodity Transaction Tax (CTT), or Stamp Duty: These exemptions improve cost efficiency for frequent traders and investors.

4. Tax Neutral Derivative Trading: Derivative contracts executed on IFSC exchanges are exempt from domestic taxes otherwise applicable on Indian exchanges.

5. No Tax on Income from Specified Insurance Policies (as per Finance Bill, 2025): The Finance Bill, 2025 has extended tax benefits to include all life insurance policies issued by IFSC insurance companies, irrespective of premium limits, provided the policyholder is a non-resident. The maturity proceeds from such policies will be exempt under Section 10(10D), even if they do not qualify under regular domestic conditions.

Illustration

Ms. Neha, a US-based NRI, intends to invest USD 200,000 in Indian debt securities. Instead of routing it through a traditional Indian bank, she opens an account with an IFSC Banking Unit in GIFT City. The interest income she earns is exempt in India, and she declares this income in her US tax return. By routing through GIFT City, she gains not only better regulatory clarity and tax exemption in India but also simplifies documentation and repatriation.

Ensuring US Tax Compliance on Indian Investments

1. Declare All Income on Your US Tax Return

Even if the income is exempt in India (e.g., tax-free interest via GIFT City), it must still be reported in the US. The US taxes its residents on global income. While India may offer tax exemptions, the IRS does not automatically recognize all such exemptions.

2. Keep Detailed Records

Maintain transaction records, tax deduction certificates (Form 26AS in India), bank statements, and investment documents to substantiate your filings during a US IRS audit.

3. Use Qualified Professionals Familiar with Both Tax Jurisdictions

Seek assistance from advisors who understand both Indian and US tax systems. This is especially important for interpreting the tax treatment of mutual funds, ULIPs, GIFT City investments, and real estate transactions.

Conclusion

India remains an attractive destination for long-term investments, but for US-based NRIs, the dual challenge of Indian regulations and US tax compliance necessitates a more strategic and informed approach. Investing through GIFT City offers a promising pathway with tax exemptions, regulatory simplicity, and ease of repatriation.

However, these advantages must be balanced with full compliance on the US side, where global reporting and taxation norms are increasingly stringent. With careful planning, proper disclosures, and expert guidance, US-based NRIs can maximize their India-linked investments while staying compliant and tax-efficient in both jurisdictions.

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Contributed by: Ajay R. Vaswani, Chartered Accountant – NRI Taxation Specialist

Disclaimer: The views expressed in this blog are the express opinions, views and perspectives of Ajay R Vaswani. They do not in any manner represent or/and reflect the opinions, views and perspectives of HDFC International Life and Re Company Limited, its affiliates, or any related entities.