If you’re an NRI living in the UAE and have invested in mutual funds in India, you may be eligible for a complete tax exemption on your capital gains.

India–UAE DTAA: A Hidden Benefit for Smart Investors (NRIs in the UAE)

India and the UAE have a Double Taxation Avoidance Agreement (DTAA) in place. Under Article 13 of this agreement:

• If you’re a UAE tax resident and sell Indian mutual funds at a profit, India typically cannot tax those capital gains.

• This is because the taxation rights for such gains rest with your country of residence — in this case, the UAE.

• And since the UAE doesn’t levy personal income tax, you could end up paying zero tax both in India and the UAE.

Yes, 0% Tax is Possible — But Only If You Claim It Properly (NRIs in the UAE)

This benefit is not automatic. To make sure you receive it, you must prove:

• You’re a tax resident of the UAE

• You don’t maintain a permanent establishment (such as a business or office) in India

• You’re filing your Indian tax return correctly and submitting the required documents

This isn’t a loophole — it’s a legitimate, government-recognized benefit of the DTAA between the two countries.

Here’s How to Make It Work for You:

• Understand how mutual fund gains can be tax-free under the DTAA

• Secure the necessary documentation (tip: a Tax Residency Certificate, or TRC, is crucial)

• File your Indian Income Tax Return accurately and claim a refund if Tax Deducted at Source (TDS) has already been applied.

Complete Guide: How to Claim Capital Gains Exemption on Indian Mutual Funds

Step 1: Check If You’re Eligible

You can claim the exemption if:

• You qualify as a Non-Resident Indian (NRI) under Indian tax laws (i.e., stayed outside India for more than 182 days in the financial year)

• You were a tax resident of the UAE during that financial year

Step 2: Obtain a Tax Residency Certificate (TRC) from the UAE

This is the most essential document. Without it, you cannot claim benefits under the India–UAE DTAA.

How to Get the TRC:

1. Visit the UAE Ministry of Finance website: https://www.mof.gov.ae

2. Register or log in via the EmaraTax portal

3. Apply for the Tax Residency Certificate

4. Upload the required documents: passport, Emirates ID, visa copy, 6-month bank statement, address proof, and Indian income details

5. Pay AED 50 for pre-approval and AED 1,000 for issuance

6. The TRC is issued digitally within 5–10 business days

Step 3: Fill Form 10F on the Income Tax India Portal

Form 10F is a brief declaration form where you state:

• Your name, nationality, and residency in the UAE

• That you do not have a permanent establishment in India

Log in using your PAN on the Income Tax India website and complete the form online.

Step 4: Draft a Self-Declaration Letter

Your letter should confirm:

• You are a UAE resident

• You do not have any fixed base or business operations in India

• You are claiming capital gains exemption under the DTAA

This supports your claim and helps the mutual fund house or tax authorities verify your eligibility.

Step 5: Submit the Documents to the Mutual Fund Company or Registrar

Send the following to your Asset Management Company (AMC) or registrar (such as CAMS or KFintech):

• Tax Residency Certificate (TRC)
  Form 10F

• Self-declaration letter

Why This Matters:

Submitting these documents ensures that:

• Tax is not deducted at source (TDS), or

• If TDS is deducted, you can claim a refund easily while filing your Indian tax return

Following these steps properly can help you make full use of the DTAA benefits and legally reduce your tax burden to zero.

What If TDS Has Already Been Deducted?

Don’t worry — you can still get your money back. If tax was deducted at source (TDS) when you redeemed your mutual funds, you can:

• File your Income Tax Return (ITR) in India

• Claim a full refund of the TDS amount

• Mention your Tax Residency Certificate (TRC), Form 10F, and the applicable DTAA article in your return

Let’s now walk through how to file your ITR correctly.

Filing Your ITR in India — Even If No Tax Is Payable

Even when your capital gains are exempt under the India–UAE treaty, filing your tax return in India is:

• Compulsory if TDS was deducted

• Advisable if you have significant investments in India

• Beneficial for maintaining a clean tax history as an NRI

Which ITR Form Should You Use?
Use Form ITR-2, which is suited for individuals with capital gains and foreign residency.

Key Details to Include in Your Return:

• Your UAE residency information

• Capital gains shown under the “Exempt Income” section

• Attach TRC and reference to Form 10F

• Fill in Schedule FA (Foreign Assets) and mention the relevant DTAA provisions

Filing accurately ensures transparency and helps avoid future tax issues or scrutiny.

Example: How the DTAA Can Help You Save

What This Means:
With the proper documentation and process, you not only avoid paying unnecessary tax but can also recover any TDS already deducted — legally and efficiently.

Final Checklist for UAE-Based NRIs

Following these steps helps you make the most of the India–UAE DTAA benefits and ensures full tax compliance with peace of mind.

Need Professional Assistance?

We specialize in helping NRIs — especially those based in the UAE — with:

• Securing Tax Residency Certificates (TRC)

• Filing Income Tax Returns in India with proper DTAA disclosures

• Preparing and submitting Form 10F and self-declaration letters

If you’d like a trusted team to manage the entire DTAA process from start to finish, we’re here to support you — so you can focus on growing and protecting your wealth. For any queries, contact us!

Disclaimer: The content on this website is for informational purposes only and does not constitute legal, financial, or professional advice. Please consult qualified experts before acting on any information. K M GATECHA & CO LLP accepts no liability for errors, omissions, or outcomes from the use of this content. This site is not an advertisement or solicitation.