NRI Pension from India -- EPS, Government, Private Pension Tax Guide (2026)
Comprehensive guide on how Indian pensions are taxed for Non-Resident Indians (NRIs) under the Income Tax Act, DTAA treaties, and practical compliance steps for FY 2025-26 (AY 2026-27).
Author: CA Mayank Wadhera (CA | CS | CMA | IBBI Registered Valuer) Firm: MKW Advisors | Legal Suvidha | DigiComply Published: March 2026 | Applicable FY: 2025-26 (AY 2026-27)
Millions of NRIs who spent their working careers in India continue to receive pension income from Indian sources -- whether through the Employees' Pension Scheme (EPS) administered by EPFO, government pension for retired central or state government employees, private employer pension plans, or annuity payouts from the National Pension System (NPS). The critical question that every NRI pensioner must answer is this: How is my Indian pension taxed now that I am a non-resident?
The answer is nuanced. It depends on the type of pension, the country of residence, the applicable Double Taxation Avoidance Agreement (DTAA), and whether you are receiving monthly pension or a commuted (lump-sum) payout. This guide covers every scenario in exhaustive detail for FY 2025-26.
Table of Contents
- Types of Indian Pension Income for NRIs
- Taxability of Pension for NRIs under the Income Tax Act
- TDS on Pension for NRIs -- Section 192
- DTAA Treatment -- Country-by-Country Analysis
- EPS Pension for NRIs -- EPFO Rules and Process
- Commutation of Pension -- Tax Exemption Rules
- Pension Received After Becoming NRI -- The Transition
- Pension vs. Annuity -- Tax Treatment Differences
- Form 15H for Senior Citizens -- Why NRIs Cannot Use It
- NPS Withdrawal for NRIs -- 60% Lump Sum and 40% Annuity
- Practical Examples with Tax Calculations
- Common Mistakes NRIs Make with Pension Taxation
- FAQs -- NRI Pension Taxation from India
Types of Indian Pension Income for NRIs
Before understanding the tax treatment, you must first identify which category your pension falls into. Indian pension income for NRIs broadly falls into these categories:
1. EPS Pension from EPFO (Employees' Pension Scheme, 1995)
If you worked in the organized sector in India, your employer contributed a portion (8.33% of basic salary, capped at Rs 15,000 per month) to the Employees' Pension Scheme. Upon completing 10 years of eligible service and reaching age 58, you become entitled to a monthly pension. This pension is paid by EPFO and continues for life, regardless of your residential status.
2. Government Pension (Central and State Government)
Retired employees of the Central Government, State Governments, defense forces, railways, and other government bodies receive pension under the Central Civil Services (Pension) Rules, 2021 or corresponding state rules. Government pension is among the most common pension types received by NRIs, particularly those who emigrated after a career in public service.
3. Private Employer / Corporate Pension
Some private sector employers, particularly large conglomerates and MNCs that operated pension funds or superannuation schemes, pay pension to retired employees. This is relatively less common today but still relevant for employees who retired from companies like Tata Group, ITC, and similar organizations with defined-benefit pension plans.
4. NPS Annuity (National Pension System)
The National Pension System allows subscribers to withdraw 60% as lump sum upon maturity (at age 60) and mandates the purchase of an annuity with the remaining 40% from an IRDAI-registered insurance company. The monthly annuity received is treated as pension income and is fully taxable.
5. Pension from Superannuation Funds
Employer-sponsored superannuation funds, approved under the Income Tax Act, also generate annuity or pension payouts. These follow a distinct tax treatment upon commutation and monthly receipt.
Taxability of Pension for NRIs under the Income Tax Act
This is the foundational principle every NRI must understand.
Section 5(2) -- Scope of Total Income for Non-Residents
Under Section 5(2) of the Income Tax Act, 1961, the total income of a non-resident includes all income that:
- Is received or deemed to be received in India during the previous year, OR
- Accrues or arises or is deemed to accrue or arise in India during the previous year.
Pension from Indian sources -- whether EPS, government, or private -- accrues and arises in India. The employer or pension fund is located in India, the service for which the pension is paid was rendered in India, and the payment originates from India. Therefore, pension income accruing in India IS taxable in the hands of an NRI under Section 5(2), irrespective of where the pension is ultimately credited or consumed.
Classification as "Salaries" under the Income Tax Act
Pension is classified as income under the head "Salaries" as per Section 17(1)(ii), which explicitly includes pension in the definition of salary. This is true for both monthly (uncommuted) pension and, in certain cases, commuted pension. The classification is important because it determines the TDS provisions and deduction eligibility.
Key Principle: Indian Source = Indian Tax
Even if you are a tax resident of the US, UK, Canada, UAE, Singapore, or Australia, if your pension accrues from an Indian source, India has the primary taxing right. Relief from double taxation is then provided through DTAA provisions, not through outright exemption.
TDS on Pension for NRIs -- Section 192
How TDS is Deducted
When pension is paid to an NRI, the pension disbursing authority (bank, EPFO, government treasury) is required to deduct TDS under Section 192 of the Income Tax Act.
For NRIs, TDS on pension is deducted at the applicable income tax slab rates (not at a flat rate like Section 195). The pension disbursing authority should apply the slab rates after considering the NRI's total pension income from that source.
Slab Rates for FY 2025-26 (New Tax Regime -- Default for NRIs)
Under the new tax regime (Section 115BAC), which is the default regime for FY 2025-26:
| Income Slab (Rs) | Tax Rate |
|---|---|
| Up to 4,00,000 | Nil |
| 4,00,001 - 8,00,000 | 5% |
| 8,00,001 - 12,00,000 | 10% |
| 12,00,001 - 16,00,000 | 15% |
| 16,00,001 - 20,00,000 | 20% |
| 20,00,001 - 24,00,000 | 25% |
| Above 24,00,000 | 30% |
Note: NRIs do not get the benefit of the basic exemption limit for TDS purposes in some interpretations. However, the pension disbursing authority typically applies slab rates inclusive of the basic exemption. A rebate under Section 87A is NOT available to NRIs.
Surcharge and Health & Education Cess
Surcharge at 10% applies if total income exceeds Rs 50 lakh, 15% if it exceeds Rs 1 crore, and so on. Health and Education Cess of 4% applies on income tax plus surcharge.
Practical TDS Issue for NRIs
Many pension disbursing banks continue to deduct TDS at resident rates or fail to deduct adequate TDS when an NRI does not update their residential status. NRIs are legally obligated to inform their pension disbursing bank about their change in residential status. Failure to do so can result in short deduction of TDS, interest under Section 234B/234C, and potential penalty proceedings.
DTAA Treatment -- Country-by-Country Analysis
The Double Taxation Avoidance Agreement between India and the NRI's country of residence determines whether the pension is taxable in one country, the other, or both (with credit for taxes paid).
India-US DTAA (Article 20 -- Pensions)
Under the India-US DTAA, pension income is dealt with under Article 20:
- Private pensions (including EPS, private employer pensions): Taxable only in the country of residence of the recipient. This means if you are a US tax resident receiving EPS or private pension from India, the pension is taxable only in the US.
- Government pensions (pension paid by the Government of India for services rendered to the Government): Taxable only in India (the source state), unless the individual is a citizen and resident of the US.
Practical impact for NRIs in the US:
- If you receive EPS or private company pension and are a US resident, you can claim full exemption in India under the DTAA by filing your Indian return and claiming treaty benefits. TDS deducted can be claimed as a refund.
- If you receive Central/State Government pension, India retains taxing rights. You then claim a Foreign Tax Credit (FTC) on your US return using IRS Form 1116.
India-UK DTAA (Article 19 -- Pensions)
Under the India-UK DTAA:
- Pensions paid in consideration of past employment are taxable in both countries -- in India (source state) and in the UK (residence state).
- The UK provides relief through a tax credit for Indian taxes paid, under Article 24 (Elimination of Double Taxation).
Practical impact for NRIs in the UK:
- India deducts TDS on pension at slab rates. You report the pension on your UK Self Assessment return and claim credit for Indian taxes against your UK tax liability.
- You cannot claim exemption from Indian tax on pension under the India-UK treaty.
India-UAE DTAA
The India-UAE DTAA does not have a specific article dealing with pensions in the traditional sense. Under the residual income article:
- Pension income from India received by a UAE resident is taxable in India as the source country.
- Since the UAE does not impose income tax, there is no double taxation in practice, but there is also no relief -- you pay full Indian tax on the pension.
Practical impact for NRIs in the UAE:
- Full Indian tax applies on your pension. TDS is deducted at slab rates.
- No foreign tax credit mechanism needed since UAE has no income tax.
India-Canada DTAA (Article 18)
- Pensions are taxable in the country of residence (Canada) as a general rule.
- Government service pensions are taxable only in India, unless the individual is a Canadian citizen.
- Similar to the US treaty structure.
India-Australia DTAA (Article 17)
- Pensions paid in respect of past employment are taxable only in the country of residence (Australia).
- Government service pensions are taxable in India (source state).
How to Claim DTAA Benefits on Indian Pension
To claim DTAA benefits, the NRI must:
- Obtain a Tax Residency Certificate (TRC) from the country of residence.
- Provide Form 10F to the pension disbursing authority in India.
- File an Indian income tax return claiming the DTAA benefit and requesting a refund of TDS if applicable.
Pro Tip from CA Mayank Wadhera: Many NRIs in the US are unaware that their EPS pension can be fully exempt from Indian tax under the India-US DTAA. This results in thousands of rupees in unnecessary TDS that goes unclaimed every year. File your return, claim the treaty benefit, and get your refund.
EPS Pension for NRIs -- EPFO Rules and Process
Can an NRI Continue Receiving EPS Pension?
Yes. There is no restriction under the EPS, 1995 that prevents an NRI from receiving pension. The pension is a vested right earned through contributions during employment in India. Your residential status does not affect your entitlement.
Where is EPS Pension Credited?
EPS pension is credited to the pensioner's bank account in India. For NRIs, the pension is typically credited to their NRO (Non-Resident Ordinary) savings account. Since pension is an Indian-source income, it is appropriately received into an NRO account.
Key Points for NRIs Receiving EPS Pension
- Life certificate (Jeevan Pramaan): NRIs must submit a digital life certificate annually. The Jeevan Pramaan portal allows online submission, and some Indian embassies/consulates facilitate this process.
- Bank account: Ensure your pension-receiving bank account is converted to NRO status. Receiving pension in a resident savings account after becoming an NRI is a violation of FEMA regulations.
- Repatriation: Pension income credited to NRO account is freely repatriable (can be transferred abroad) after payment of applicable taxes, up to USD 1 million per financial year under the RBI's LRS/repatriation framework.
EPS Pension Amount
The EPS pension is calculated using the formula:
Monthly Pension = (Pensionable Salary x Pensionable Service) / 70
Where pensionable salary is the average of the last 60 months of salary (capped at Rs 15,000 per month). The maximum EPS pension for most members is modest -- typically between Rs 3,000 and Rs 7,500 per month, though members under the higher pension option (post Supreme Court ruling in November 2022) may receive significantly higher amounts.
Commutation of Pension -- Tax Exemption Rules
Commutation refers to receiving a lump-sum amount in lieu of a portion of the periodic pension. The tax treatment of commuted pension depends on the type of employer and whether the employee received gratuity.
Section 10(10A) -- Exemption for Commuted Pension
| Category | Exemption |
|---|---|
| Government employees (Central/State/Local Authority/Statutory Corporation) | Fully exempt -- 100% of commuted pension is tax-free |
| Non-government employees who received gratuity | 1/3rd of the full value of commuted pension is exempt |
| Non-government employees who did NOT receive gratuity | 1/2 of the full value of commuted pension is exempt |
Special Categories with Full Exemption
- UGC (University Grants Commission) employees -- Full commutation is exempt
- Defense personnel -- Full commutation is exempt
- Judges of Supreme Court and High Courts -- Full commutation is exempt
Commutation Rules Apply Equally to NRIs
The exemption under Section 10(10A) is available to NRIs as well. If you commuted your pension before or after becoming an NRI, the exemption quantum remains the same. However, TDS on the taxable portion will be deducted at applicable NRI rates.
Example: Commutation for a Private Sector NRI Pensioner
Mr. Sharma, now an NRI in the US, commutes his pension from a private company. He had received gratuity during his service. The full value of commuted pension is Rs 18,00,000.
- Exempt: 1/3 of Rs 18,00,000 = Rs 6,00,000
- Taxable: Rs 12,00,000
- TDS will be deducted on Rs 12,00,000 at slab rates (since he is an NRI)
- He can claim DTAA benefit under India-US treaty for the private pension portion
Pension Received After Becoming NRI -- The Transition
One of the most common scenarios involves individuals who retire in India, start receiving pension as residents, and subsequently move abroad (to live with children, for medical reasons, or for employment). The transition creates several compliance requirements:
Step 1: Update Residential Status with the Bank
Immediately upon becoming an NRI (spending less than 182 days in India in a financial year or meeting the other NRI criteria under Section 6), you must:
- Convert your resident savings account to an NRO account
- Inform the pension disbursing authority about your change in status
- Update your KYC with FEMA-compliant documentation
Step 2: TDS Rate Changes
Once your status is updated to NRI, the bank or pension authority must deduct TDS at slab rates applicable to NRIs (without the benefit of Section 87A rebate). If you were earlier below the taxable threshold as a resident, you may now face TDS deductions.
Step 3: File Indian Income Tax Return
As an NRI with Indian pension income, you must file an Indian income tax return if your total Indian income exceeds the basic exemption limit (Rs 2.5 lakh under old regime, or the applicable threshold under the new regime).
Step 4: Claim DTAA Benefits
File the return claiming applicable DTAA treaty benefits based on your new country of residence. Obtain TRC and file Form 10F.
Common Trap: Delayed Updation
Many NRIs delay updating their residential status with the bank, continuing to receive pension in a resident account and avoiding TDS. This creates multiple violations:
- FEMA violation: Holding a resident account as an NRI
- Income Tax Act violation: Incorrect TDS deduction
- Potential penalty: Under Section 270A for underreporting income
Pension vs. Annuity -- Tax Treatment Differences
While pension and annuity are often used interchangeably, they have distinct tax treatments:
Pension (from Employer/Government)
- Classified under "Salaries" (Section 17)
- Standard deduction of Rs 75,000 (FY 2025-26, new regime) is available
- Commutation benefits under Section 10(10A) apply
- DTAA pension articles apply
Annuity (from Insurance Company/NPS)
- Annuity purchased from an insurance company out of NPS or superannuation fund proceeds is taxable as "Income from Other Sources" under Section 56 (when not linked to an employer relationship)
- Annuity from a pension plan where the employer relationship exists may still be classified under "Salaries"
- NPS annuity is fully taxable in the year of receipt
- Standard deduction may or may not apply depending on classification
- DTAA treatment for annuity may fall under a different article (often the "Other Income" article rather than the "Pension" article)
Key Distinction for NRIs
If your annuity income is classified under "Other Income" rather than "Pension" under the DTAA, you may lose the favorable pension article treatment. For example, under the India-US DTAA, the pension article (Article 20) provides residence-country-only taxation for private pensions. But if the income is classified as "Other Income" (Article 22), it may be taxable in both countries.
Recommendation: Ensure proper classification of your annuity/pension income and consult a cross-border tax professional before filing.
Form 15H for Senior Citizens -- Why NRIs Cannot Use It
What is Form 15H?
Form 15H is a self-declaration form that resident senior citizens (aged 60 or above) can submit to a bank or payer to avoid TDS deduction on certain income (interest, pension, etc.) when their total income is below the taxable threshold.
Can NRIs Submit Form 15H?
No. NRIs cannot submit Form 15H (or Form 15G). These forms are exclusively available to resident Indians. The relevant provisions under Section 197A explicitly require the declarant to be a resident of India.
Consequences of Filing Form 15H as an NRI
If an NRI files Form 15H to avoid TDS on pension income:
- The form is invalid and has no legal effect
- The pension disbursing authority may face liability for short deduction of TDS
- The NRI may face penalty proceedings under the Income Tax Act for furnishing incorrect information
- Interest under Section 234B/234C may be levied for non-payment of advance tax
Alternative for NRIs
If you believe your Indian pension income should be exempt under a DTAA, the correct approach is:
- Obtain a TRC from your country of residence
- Submit Form 10F to the pension payer
- Apply for a Lower/Nil TDS certificate under Section 197 from the Assessing Officer
- The AO will evaluate the DTAA applicability and issue a certificate for lower or nil TDS
NPS Withdrawal for NRIs -- 60% Lump Sum and 40% Annuity
NRIs who contributed to the National Pension System during their employment in India face specific rules upon withdrawal.
NPS Withdrawal at Maturity (Age 60)
Upon reaching age 60 (or superannuation):
| Component | Percentage | Tax Treatment (FY 2025-26) |
|---|---|---|
| Lump sum withdrawal | Up to 60% of corpus | Fully exempt under Section 10(12A) |
| Mandatory annuity purchase | Minimum 40% of corpus | Annuity received is fully taxable as income in the year of receipt |
NPS Premature Withdrawal (Before Age 60)
If withdrawing before age 60:
| Component | Percentage | Tax Treatment |
|---|---|---|
| Lump sum withdrawal | Up to 20% of corpus | Exempt under Section 10(12A) |
| Mandatory annuity purchase | Minimum 80% of corpus | Annuity received is fully taxable |
NPS Withdrawal on Death of Subscriber
If the NPS subscriber passes away, the entire corpus is paid to the nominee/legal heir as a lump sum. This amount is fully exempt from tax under Section 10(12A).
NPS for NRIs -- Special Considerations
- NRIs can continue their NPS account and make contributions (subject to FEMA guidelines)
- Withdrawal proceeds are credited to the NRI's NRO account
- The 60% lump sum exemption applies equally to NRIs
- The annuity component, once purchased, generates monthly income that is taxable in India
- DTAA benefits should be evaluated for the annuity income based on classification (pension vs. other income)
Repatriation of NPS Proceeds
NPS withdrawal proceeds credited to an NRO account are repatriable (can be transferred abroad) subject to:
- Payment of applicable taxes
- Obtaining a certificate from a Chartered Accountant in Form 15CB
- Filing Form 15CA online on the income tax portal
Practical Examples with Tax Calculations
Example 1: Government Pensioner in the US
Mrs. Lakshmi Iyer, retired Central Government officer, now US resident.
- Monthly government pension: Rs 65,000
- Annual pension: Rs 7,80,000
- Country of residence: United States
Indian tax treatment:
- Under India-US DTAA, government pension is taxable only in India
- Tax under new regime (FY 2025-26):
- Gross pension: Rs 7,80,000
- Less: Standard deduction: Rs 75,000
- Taxable income: Rs 7,05,000
- Tax: Nil on first Rs 4,00,000 + 5% on Rs 3,05,000 = Rs 15,250
- Cess (4%): Rs 610
- Total tax: Rs 15,860
US tax treatment:
- Report pension on US return (Form 1040)
- Claim Foreign Tax Credit for Rs 15,860 paid in India
Example 2: EPS Pensioner in the US
Mr. Rajesh Patel, retired private sector employee, now US resident.
- Monthly EPS pension: Rs 5,200
- Annual pension: Rs 62,400
- Country of residence: United States
Indian tax treatment:
- Under India-US DTAA Article 20, private pension (including EPS) is taxable only in the country of residence (US)
- Mr. Patel should file an Indian return claiming DTAA exemption
- TDS deducted by EPFO can be claimed as refund
US tax treatment:
- Report Rs 62,400 (approximately USD 740) as pension income on US return
- Taxable at US slab rates
- No FTC needed since India did not retain taxing rights
Example 3: Private Pensioner in UAE
Mr. Ahmed Khan, retired from a private company, now UAE resident.
- Monthly pension: Rs 45,000
- Annual pension: Rs 5,40,000
Indian tax treatment:
- India-UAE DTAA does not exempt private pension from Indian tax
- Tax under new regime:
- Gross: Rs 5,40,000
- Standard deduction: Rs 75,000
- Taxable: Rs 4,65,000
- Tax: 5% on Rs 65,000 = Rs 3,250
- Cess: Rs 130
- Total: Rs 3,380
UAE tax treatment:
- No income tax in UAE, so no further tax liability
Example 4: NPS Withdrawal by NRI in the UK
Dr. Sunita Reddy, NPS subscriber, now UK resident, turning 60.
- NPS corpus: Rs 1,20,00,000
- Lump sum (60%): Rs 72,00,000 -- Fully exempt under Section 10(12A)
- Annuity purchase (40%): Rs 48,00,000
- Annual annuity income: Rs 4,80,000
Indian tax on annuity:
- Annuity of Rs 4,80,000 is taxable in India
- Under India-UK DTAA, taxable in both countries with credit in UK
- Indian tax (new regime): 5% on Rs 80,000 = Rs 4,000 + cess = Rs 4,160
Common Mistakes NRIs Make with Pension Taxation
Mistake 1: Not Updating Residential Status with the Bank
Continuing to receive pension in a resident savings account violates FEMA regulations and leads to incorrect TDS deduction. Always convert to NRO and notify the pension authority.
Mistake 2: Filing Form 15H as an NRI
NRIs are not eligible for Form 15H/15G. Submitting these forms is invalid and can attract penalties.
Mistake 3: Not Claiming DTAA Benefits
Many NRIs in the US and Canada are entitled to full exemption on private/EPS pension under the DTAA but never file an Indian return to claim it. Thousands of rupees in TDS go unclaimed.
Mistake 4: Ignoring Indian Tax Return Filing
If your Indian pension income exceeds the basic exemption limit, you must file an Indian return -- even if DTAA exempts the income. The exemption is claimed through the return.
Mistake 5: Double-Counting Standard Deduction
Standard deduction of Rs 75,000 (FY 2025-26) is available on pension classified under "Salaries." Do not claim it on annuity income classified under "Other Sources."
Mistake 6: Not Obtaining TRC and Form 10F
Without a Tax Residency Certificate and Form 10F, you cannot claim DTAA benefits. Obtain these proactively before the filing deadline.
Mistake 7: Confusing Commutation with Regular Pension
Commuted (lump-sum) pension has different exemption rules than monthly pension. Monthly pension is fully taxable; commuted pension has partial or full exemption depending on the category.
Mistake 8: Assuming EPS Pension is Tax-Free
EPS pension is fully taxable. The only reason it often escapes tax is that the amount is below the basic exemption limit. If you have other Indian income, the EPS pension adds to your total income.
FAQs -- NRI Pension Taxation from India
FAQ 1: Is pension received from India taxable for NRI?
Yes. Pension accruing or arising in India is taxable for NRIs under Section 5(2) of the Income Tax Act. It is considered Indian-source income regardless of where the NRI resides.
FAQ 2: Can an NRI continue to receive EPS pension from EPFO?
Yes. There is no restriction on NRIs receiving EPS pension. The pension is credited to the NRI's NRO account in India. The NRI must submit a life certificate (Jeevan Pramaan) annually.
FAQ 3: What is the TDS rate on pension for NRI?
TDS on pension for NRIs is deducted at slab rates under Section 192 (not at a flat rate). The applicable slab rates are those under the new tax regime (default) or old regime if opted for.
FAQ 4: Can NRI claim DTAA benefit on Indian pension?
Yes. Depending on the specific DTAA between India and the NRI's country of residence, the pension may be exempt in India, taxable in both countries with credit, or taxable only in India. A TRC and Form 10F are required to claim the benefit.
FAQ 5: Can NRI submit Form 15H to avoid TDS on pension?
No. Form 15H is available only to resident senior citizens. NRIs cannot submit Form 15H or Form 15G. Instead, NRIs should apply for a Lower/Nil TDS certificate under Section 197.
FAQ 6: Is commuted pension exempt for NRI?
Yes, partially or fully. The exemption under Section 10(10A) applies to NRIs. Government employees get full exemption. Non-government employees get 1/3rd exemption (if gratuity received) or 1/2 exemption (if no gratuity).
FAQ 7: How is NPS lump sum withdrawal taxed for NRI?
The 60% lump sum withdrawal from NPS at maturity (age 60) is fully exempt under Section 10(12A). The remaining 40% must be used to purchase an annuity, and the annuity income is fully taxable.
FAQ 8: Can NRI repatriate pension income from India?
Yes. Pension income credited to an NRO account is freely repatriable after payment of applicable taxes. You may need to file Form 15CA/15CB for remittance above certain thresholds.
FAQ 9: Is family pension taxable for NRI?
Yes. Family pension (received by the spouse or children of a deceased employee) is taxable for NRIs. It is classified under "Income from Other Sources" (not "Salaries"), and a deduction of 1/3rd of the pension or Rs 25,000, whichever is lower, is available under Section 57(iia) in the old regime.
FAQ 10: Which ITR form should NRI use to report pension income?
NRIs should use ITR-2 to report pension income from India. ITR-1 (Sahaj) is not available to NRIs.
FAQ 11: Is pension from India taxable in the US?
It depends on the type of pension. Under the India-US DTAA, private pension (EPS, corporate) is taxable only in the US. Government pension is taxable only in India (with FTC available in the US).
FAQ 12: What happens if TDS is deducted on pension but I am exempt under DTAA?
You must file an Indian income tax return, claim the DTAA exemption, and apply for a refund of the excess TDS deducted. The refund will be credited to your bank account linked to your PAN.
FAQ 13: Can NRI receive pension in a foreign bank account?
Generally, Indian pension is credited to an Indian bank account (NRO). Some government departments allow pension to be credited to accounts in specific countries through bilateral arrangements, but this is not universally available.
FAQ 14: Is arrear pension taxable for NRI?
Yes. Arrear pension is taxable in the year of receipt. However, relief under Section 89 is available if the arrears pertain to earlier years, reducing the tax burden through the spread-back method.
Why Engage a Cross-Border Tax Expert?
NRI pension taxation involves the intersection of Indian income tax law, FEMA regulations, DTAA provisions, and the tax law of your country of residence. A single error -- such as failing to claim a DTAA exemption, filing an incorrect form, or maintaining a non-compliant bank account -- can result in double taxation, penalties, and regulatory scrutiny.
CA Mayank Wadhera and the team at MKW Advisors specialize in NRI tax advisory, cross-border compliance, and pension income optimization. With expertise spanning Indian tax law, US/UK/UAE/Canada tax treaties, and FEMA regulations, we ensure that you:
- Pay the minimum legally required tax on your Indian pension
- Claim every applicable DTAA benefit and exemption
- Maintain full FEMA compliance with your NRO/NRE accounts
- File accurate Indian and foreign tax returns with proper documentation
- Avoid penalties, interest, and regulatory notices
Take Action Now
Do not leave money on the table. If you are an NRI receiving pension from India, a professional review of your tax position could save you lakhs in unnecessary taxes and protect you from compliance risks.
Book a consultation today:
- Online: Schedule a call with our NRI tax experts
- WhatsApp: +91-96677 44073 -- Send "NRI PENSION" for a quick response
- Email: [email protected]
Disclaimer: This article is for informational purposes only and does not constitute legal or tax advice. Tax laws and DTAA provisions are subject to change. Individual circumstances vary. Please consult a qualified Chartered Accountant or tax professional for advice specific to your situation. The information is current as of March 2026 and applicable for FY 2025-26 (AY 2026-27).
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