US NRI Tax Guide 2026 -- India-US DTAA, FBAR, FATCA & Cross-Border Filing for FY 2025-26 (AY 2026-27)
Last Updated: March 23, 2026 | Author: CA Mayank Wadhera (CA | CS | CMA | IBBI Registered Valuer), Founder -- MKW Advisors | Legal Suvidha | DigiComply
If you are an Indian-origin resident of the United States -- whether on an H-1B visa, L-1, Green Card, or US citizenship -- your tax life is governed by two sovereign systems simultaneously. India taxes your India-sourced income. The United States taxes your worldwide income. Between them sits a web of treaty provisions, reporting obligations, and penalty regimes that can trap even financially sophisticated professionals.
This guide is the definitive resource for FY 2025-26 (AY 2026-27). It covers every obligation, every form, every threshold, and every strategy that a US-based NRI needs to understand -- with practical examples and the exact numbers that apply this year.
"Most US NRIs I advise are surprised to learn they have been non-compliant for years -- not out of intent, but because no one told them that their Indian mutual fund SIPs trigger PFIC reporting, or that their NRO savings account creates an FBAR obligation. The penalties are severe, but the fix is straightforward when you work with an advisor who understands both systems." -- CA Mayank Wadhera, Founder, MKW Advisors
Table of Contents
- Who Is a US NRI? Residency Under Both Tax Systems
- India-US Double Taxation Avoidance Agreement (DTAA)
- FBAR Filing: FinCEN Form 114
- FATCA Reporting: IRS Form 8938
- PFIC Rules for Indian Mutual Funds
- Social Security Totalisation Agreement
- Foreign Tax Credit: IRS Form 1116
- Indian Property Sale -- Dual-Country Tax Computation
- NRO/NRE Interest Income: DTAA vs Domestic Rates
- Green Card Holders: NRI Status in India
- Filing Obligations in Both Countries
- State Tax Considerations
- Common Mistakes US NRIs Make
- Practical Example: Complete Dual-Country Computation
- Frequently Asked Questions
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1. Who Is a US NRI? Understanding Residency Under Both Tax Systems
The term "US NRI" is not a legal designation -- it is a practical description of someone who is a tax resident of the United States and a Non-Resident Indian (NRI) under the Indian Income Tax Act, 1961.
US Tax Residency
You are a US tax resident if you hold a Green Card (the "Green Card Test") or meet the Substantial Presence Test (present in the US for at least 31 days in the current year and 183 days over a 3-year weighted period).
Indian NRI Status
Under Section 6 of the Income Tax Act, you are an NRI if you are in India for fewer than 182 days during the financial year. For Indian citizens earning total income exceeding INR 15 lakh from Indian sources, the threshold drops to 120 days (with a 365-day lookback over the preceding 4 years).
The Overlap
A person can be a tax resident of both countries. In such cases, the tie-breaker rules under Article 4 of the India-US DTAA determine the country of residence for treaty purposes, based on permanent home, centre of vital interests, habitual abode, and finally nationality.
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2. India-US Double Taxation Avoidance Agreement (DTAA) -- Treaty Rates for FY 2025-26
The India-US DTAA, signed in 1989 and amended by protocol, provides reduced withholding rates and allocates taxing rights between the two countries. Here are the key treaty rates:
DTAA Rate Summary Table
| Income Type | India Domestic Rate (NRI) | DTAA Treaty Rate | Taxing Rights |
|---|---|---|---|
| Interest Income (Art. 11) | 20% TDS | 15% | Both countries; credit mechanism |
| Dividends (Art. 10) | 20% (above INR 5,000) | 15% (portfolio) / 25% (if holding < 10%) | Both countries; credit mechanism |
| Capital Gains -- Long Term (Art. 13) | 20% (with indexation) / 12.5% (post-Budget 2024) | Taxable in both countries | FTC mechanism applies |
| Capital Gains -- Short Term (Art. 13) | Slab rates / 15-20% | Taxable in both countries | FTC mechanism applies |
| Pension -- Private (Art. 20) | As per slab | Taxable only in US | Exclusive to residence state |
| Pension -- Government (Art. 19) | Taxable in paying country | Taxable in India if for Indian govt service | Source state right |
| Salary/Employment (Art. 16) | As per slab | Taxable where services rendered | Exemption if < 183 days + other conditions |
| Rental Income (Art. 6) | 30% TDS | Taxable in both countries | FTC mechanism applies |
| Royalties/Fees for Technical Services (Art. 12) | 10% | 15% | Both countries; credit mechanism |
Key DTAA Provisions Explained
Interest at 15% (Article 11): If your NRO fixed deposit earns interest, India can withhold tax at a maximum of 15% under the DTAA, not the domestic rate of 20%. To claim this, you need a Tax Residency Certificate (TRC) from the IRS and must file Form 10F with your Indian bank.
Dividends at 15-25% (Article 10): Portfolio dividends (holding less than 10% of the company) are taxed at 25% in the source country. If the beneficial owner is a company holding at least 10%, the rate is 15%. For most individual NRIs receiving dividends from Indian listed companies, the effective treaty rate is 25%.
Capital Gains (Article 13): The DTAA does not provide exclusive taxing rights for capital gains to either country. Both India and the US can tax capital gains. Relief comes through the Foreign Tax Credit mechanism.
Private Pension (Article 20): This is one of the most beneficial provisions. Private pensions (such as EPF withdrawals, superannuation, private annuities) are taxable only in the country of residence -- meaning the US for US NRIs. India cannot tax these amounts.
"The private pension article is one of the most underutilized provisions in the India-US treaty. I have seen US NRIs pay TDS on EPF withdrawals in India without realizing the DTAA exempts this income entirely from Indian tax. The refund claim process exists, but prevention is always better than cure." -- CA Mayank Wadhera, Founder, MKW Advisors
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3. FBAR Filing: FinCEN Form 114
The Foreign Bank Account Report is arguably the most consequential reporting obligation for US NRIs -- not because of the tax it generates, but because of the penalties it carries.
Who Must File
Any US person (citizen, Green Card holder, or resident alien meeting the Substantial Presence Test) who has a financial interest in or signature authority over foreign financial accounts must file FBAR if the aggregate value of all foreign accounts exceeds USD 10,000 at any time during the calendar year.
What Counts as a "Foreign Financial Account"
- NRO savings and fixed deposit accounts
- NRE savings and fixed deposit accounts
- Indian bank accounts of any type
- Indian demat accounts holding securities
- Indian mutual fund folios (each folio is a separate account)
- Indian PPF accounts
- Indian insurance policies with cash surrender value
- Joint accounts where you have signatory authority
Filing Details
| Detail | Specification |
|---|---|
| Form | FinCEN Form 114 |
| Filed With | Financial Crimes Enforcement Network (FinCEN), not the IRS |
| Filing Method | Electronic only -- BSA E-Filing System |
| Deadline | April 15 (automatic extension to October 15) |
| Threshold | USD 10,000 aggregate across ALL foreign accounts |
| Period | Calendar year (January 1 -- December 31) |
FBAR Penalties -- The Numbers That Matter
| Violation Type | Penalty |
|---|---|
| Non-willful violation | Up to USD 12,909 per account, per year |
| Willful violation | Greater of USD 129,210 or 50% of account balance at time of violation |
| Criminal penalties (willful) | Up to USD 250,000 fine and/or 5 years imprisonment |
These penalties apply per account, per year. An NRI with 5 unreported accounts over 3 years faces a theoretical maximum non-willful penalty of USD 193,635 (5 x 3 x USD 12,909).
Streamlined Filing Compliance Procedures
If you have failed to file FBARs in prior years, the IRS offers the Streamlined Filing Compliance Procedures for non-willful violations. This requires filing the last 3 years of tax returns and 6 years of FBARs, with a 5% miscellaneous offshore penalty (for domestic filers) on the highest aggregate balance.
"FBAR is not a tax form -- it is an anti-money-laundering disclosure. The IRS does not need to prove you owed any tax to penalize you. The mere failure to file is the violation. I strongly advise every US NRI to file FBAR proactively, even if the account balances are modest." -- CA Mayank Wadhera, Founder, MKW Advisors
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4. FATCA Reporting: IRS Form 8938
The Foreign Account Tax Compliance Act (FATCA) created a separate reporting obligation from FBAR. Yes, you may need to report the same accounts on both FinCEN 114 and Form 8938. They are not duplicates -- they serve different enforcement purposes and have different thresholds.
Form 8938 Thresholds for FY 2025-26
| Filing Status | End-of-Year Value | At-Any-Time Value |
|---|---|---|
| Single / Married Filing Separately (US resident) | USD 50,000 | USD 75,000 |
| Married Filing Jointly (US resident) | USD 100,000 | USD 150,000 |
| Single (living abroad) | USD 200,000 | USD 300,000 |
| Married Filing Jointly (living abroad) | USD 400,000 | USD 600,000 |
What to Report on Form 8938
- Foreign bank accounts (NRO, NRE, savings, FDs)
- Foreign brokerage and demat accounts
- Foreign mutual funds
- Stock or securities issued by a non-US person
- Financial instruments or contracts with a non-US counterparty
- Foreign partnership interests
- Foreign pension plans (EPF, PPF, NPS)
FBAR vs FATCA: Side-by-Side Comparison
| Feature | FBAR (FinCEN 114) | FATCA (Form 8938) |
|---|---|---|
| Authority | FinCEN (Treasury) | IRS |
| Threshold | USD 10,000 aggregate | USD 50,000 / 100,000+ |
| Filed With | BSA E-Filing System | Attached to Form 1040 |
| Deadline | April 15 (ext. Oct 15) | Tax return deadline |
| Penalty | Up to USD 12,909+ | USD 10,000 per violation |
| Accounts Covered | Financial accounts only | Broader: accounts + financial assets |
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5. PFIC Rules for Indian Mutual Funds -- The Hidden Tax Trap
This is the single most overlooked compliance issue for US NRIs. The IRS classifies virtually all Indian mutual funds as Passive Foreign Investment Companies (PFICs) -- including equity funds, debt funds, hybrid funds, ELSS, index funds, and liquid funds.
Why Indian Mutual Funds Are PFICs
A PFIC is a foreign corporation where either: (a) 75% or more of gross income is passive income, or (b) 50% or more of assets produce or are held for passive income. Indian mutual funds, structured as trusts but treated as corporations by the IRS, almost always meet one of these tests.
The Punitive Default PFIC Tax Regime
Under the default "excess distribution" method:
- Excess distributions (distributions exceeding 125% of average distributions over 3 prior years) are allocated ratably over the holding period.
- Amounts allocated to prior years are taxed at the highest marginal rate for that year (currently 37% for ordinary income).
- An interest charge is added on the tax allocated to prior years, as if the tax had been due in those years.
- No long-term capital gains rates apply. All gains are taxed as ordinary income.
Elections to Mitigate PFIC Impact
| Election | Mechanism | Practical for Indian MFs? |
|---|---|---|
| QEF (Qualified Electing Fund) | Report share of PFIC's earnings annually | Difficult -- requires PFIC to provide income data (Indian MFs rarely cooperate) |
| Mark-to-Market | Recognize unrealized gains/losses annually at ordinary income rates | Possible if MF is traded on a recognized exchange (limited applicability) |
| Purging Election | Treat as deemed sale to reset PFIC taint | Available but triggers immediate tax |
Form 8621 Filing
Every US NRI holding an Indian mutual fund must file Form 8621 (Information Return by a Shareholder of a Passive Foreign Investment Company) for each PFIC -- meaning each mutual fund folio. If you hold 8 different mutual fund schemes, you file 8 Forms 8621.
"The PFIC trap is real and expensive. I advise US NRIs to seriously consider liquidating Indian mutual fund holdings and reinvesting through US-domiciled ETFs or index funds that provide similar emerging market exposure without the PFIC nightmare. The compliance cost alone -- filing 8621 for each fund -- often exceeds the returns." -- CA Mayank Wadhera, Founder, MKW Advisors
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6. Social Security Totalisation Agreement (Effective 2015)
The India-US Social Security Totalisation Agreement, effective since January 1, 2015, addresses two problems: (a) double social security taxation, and (b) benefit eligibility for workers who split their careers between the two countries.
How It Works
| Scenario | Social Security Obligation |
|---|---|
| US employer posts you to India (up to 5 years) | Pay US Social Security only (obtain Certificate of Coverage) |
| Indian employer posts you to US (up to 5 years) | Pay Indian social security only |
| Locally hired in India | Pay Indian social security (EPF/EPS) only |
| Locally hired in US | Pay US Social Security (FICA) only |
| Self-employed | Pay in country of residence |
Totalisation of Periods
If you have worked 6 years in the US and 5 years in India, the agreement allows you to combine (totalize) these periods to meet the minimum 10-year (40 credit) requirement for US Social Security benefits, or the minimum period for Indian EPS pension.
Certificate of Coverage
To claim exemption from the host country's social security, you must obtain a Certificate of Coverage from your home country's social security authority (SSA in the US, EPFO in India).
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7. Foreign Tax Credit: IRS Form 1116
The Foreign Tax Credit (FTC) is the primary mechanism for eliminating double taxation. When you pay tax in India on India-sourced income, you can credit that tax against your US liability on the same income.
How to Claim FTC
- File IRS Form 1116 with your US tax return (Form 1040).
- Report the Indian income in US dollars (use the average exchange rate for the year or the rate on the date of receipt).
- Report the Indian taxes paid or accrued.
- Calculate the FTC limitation: (Foreign Source Taxable Income / Total Taxable Income) x US Tax Liability.
- The credit is limited to the lesser of actual foreign taxes paid or the limitation amount.
FTC Limitation Categories
The FTC must be calculated separately for each category of income:
- General category income (salary, business income, rental income)
- Passive category income (interest, dividends, capital gains)
- Section 901(j) income (sanctioned countries -- not applicable to India)
Carry-Forward and Carry-Back
Unused FTCs can be carried back 1 year and carried forward 10 years. This is critical when Indian tax rates on a particular income item exceed US rates, creating excess credits.
Form 67 on the Indian Side
Do not forget: to claim credit for US taxes paid against your Indian tax liability, you must file Form 67 with the Indian Income Tax Department before filing your Indian return. This is a commonly missed step that results in denied FTC claims in India.
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8. Indian Property Sale -- Dual-Country Tax Treatment
Selling property in India is one of the most common and most complex cross-border transactions for US NRIs.
Tax in India (Source Country)
| Parameter | Long-Term (held > 2 years) | Short-Term (held < 2 years) |
|---|---|---|
| Tax Rate | 12.5% (w.e.f. Budget 2024; no indexation) or 20% with indexation for pre-23-Jul-2024 properties | Slab rates (up to 30%) |
| TDS by Buyer | 20% of sale consideration (Sec 195) | 30% of sale consideration |
| Surcharge | Applicable based on total income | Applicable based on total income |
| Cess | 4% Health & Education Cess | 4% Health & Education Cess |
Tax in the US (Residence Country)
The US taxes the same capital gain as part of your worldwide income. Long-term capital gains (held > 1 year for US purposes) are taxed at 0%, 15%, or 20% depending on your income bracket, plus the 3.8% Net Investment Income Tax (NIIT) if applicable.
Eliminating Double Taxation
- Pay capital gains tax in India (or have TDS deducted by buyer).
- Report the gain on your US return (Form 1040, Schedule D).
- Claim FTC via Form 1116 for the Indian tax paid.
- If Indian tax exceeds US tax on the same income, carry forward the excess credit.
Section 54/54EC Exemptions
NRIs can claim exemptions under Section 54 (reinvestment in residential property) or Section 54EC (investment in specified bonds within 6 months) to reduce Indian capital gains tax. However, these exemptions do not affect US tax liability -- the US will still tax the full gain, and you will have less Indian tax to credit.
"When an NRI sells Indian property, I always recommend applying for a lower TDS certificate under Section 197 before the sale. The statutory TDS of 20-30% on the full sale price -- not just the gain -- creates massive cash flow problems. A Section 197 certificate can reduce TDS to the actual tax liability." -- CA Mayank Wadhera, Founder, MKW Advisors
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9. NRO/NRE Interest Income: DTAA Rate vs Domestic Rate
NRO Interest
| Aspect | Domestic Law | DTAA Rate |
|---|---|---|
| TDS Rate | 20% + surcharge + cess | 15% (no surcharge/cess under treaty) |
| Requirement for DTAA Rate | N/A | TRC from IRS + Form 10F + Self-declaration of no PE |
| Taxability in US | Yes, as worldwide income | Yes, with FTC for Indian tax paid |
NRE Interest
- Tax in India: Fully exempt under Section 10(4)(ii) for NRIs.
- Tax in US: Fully taxable as worldwide income. The US does not recognize India's NRE exemption.
- FBAR/FATCA: NRE accounts must still be reported on FBAR and Form 8938.
This creates an unusual situation: NRE interest is tax-free in India but taxable in the US with no Indian tax credit available (since no tax was paid in India). For high-balance NRE accounts, this can result in a significant US tax liability that many NRIs do not anticipate.
Strategic Consideration
"For US NRIs with large NRE balances, the tax-free status in India is irrelevant -- the US taxes it fully with no offsetting FTC. In many cases, it is more tax-efficient to hold funds in NRO accounts where you pay 15% in India under the DTAA and credit that against US tax. The net tax paid can actually be lower." -- CA Mayank Wadhera, Founder, MKW Advisors
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10. Green Card Holders: Still NRI for India If Days Test Is Met
A common misconception is that holding a US Green Card changes your Indian tax residency. It does not. Indian tax residency is determined solely by physical presence in India, not by immigration status in any other country.
The Rule
- A Green Card holder who spends fewer than 182 days in India in FY 2025-26 remains an NRI for Indian tax purposes.
- A Green Card holder who spends 182 days or more in India becomes a Resident (and potentially Resident and Ordinarily Resident) for Indian purposes -- triggering worldwide income taxation in India as well.
- If total Indian-source income exceeds INR 15 lakh, the threshold drops to 120 days (applicable from FY 2020-21 onward), combined with 365 days in the preceding 4 years.
Dual Resident Scenario
If a Green Card holder becomes a tax resident of both India and the US, the DTAA tie-breaker rules (Article 4) apply. The determination follows this hierarchy: permanent home, centre of vital interests, habitual abode, nationality.
Practical Impact
Green Card holders who spend extended periods in India (caring for family, remote work, sabbatical) must be extremely careful about the 182-day / 120-day thresholds. Becoming a resident of India while remaining a US tax resident creates worldwide taxation in both countries with only treaty and FTC relief -- a genuinely adverse tax position.
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11. Filing Obligations in Both Countries
US Filing Requirements
| Form | Purpose | Who Must File |
|---|---|---|
| Form 1040 | US income tax return | All US tax residents with income above thresholds |
| Schedule B | Interest and dividends; foreign account disclosure questions | Those with > USD 1,500 interest/dividends OR foreign accounts |
| Schedule D | Capital gains and losses | Those with capital gain/loss transactions |
| Form 1116 | Foreign Tax Credit | Those claiming credit for Indian taxes paid |
| FinCEN 114 (FBAR) | Foreign bank account report | Aggregate foreign accounts > USD 10,000 |
| Form 8938 | FATCA -- specified foreign financial assets | Above FATCA thresholds |
| Form 8621 | PFIC annual information statement | Holders of Indian mutual funds |
| Form 3520/3520-A | Foreign trust reporting | Those with interests in Indian trusts |
| Form 8865 | Foreign partnership | Those with interests in Indian partnerships/LLPs |
India Filing Requirements
| Form | Purpose | Who Must File |
|---|---|---|
| ITR-2 | Income tax return for NRIs with capital gains/property | NRIs with Indian income |
| Form 67 | Statement of foreign income for claiming FTC | NRIs claiming credit for US taxes against Indian tax |
| Form 10F | Declaration for DTAA benefit | NRIs claiming treaty rates |
| TRC | Tax Residency Certificate | Required for DTAA benefits; obtained from IRS (Form 6166) |
Key Deadlines for FY 2025-26 / AY 2026-27
| Deadline | Obligation |
|---|---|
| April 15, 2027 | US Form 1040 (or extension request), FBAR |
| July 31, 2026 | India ITR filing (non-audit NRIs) |
| October 15, 2027 | Extended US return deadline, FBAR extended deadline |
| October 31, 2026 | India ITR filing (audit cases) |
| December 31, 2026 | Belated India ITR filing |
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12. State Tax Considerations
US NRIs often focus on federal taxes and forget that state taxes can add 0% to 13.3% on top of the federal liability. Critically, Foreign Tax Credits generally cannot be used to offset state income taxes -- meaning Indian taxes paid provide no relief at the state level.
State Tax Rate Comparison for NRIs
| State | Top Marginal Rate | Notes |
|---|---|---|
| California | 13.3% | Highest in the US; no FTC offset for Indian taxes |
| New York | 10.9% | Plus NYC tax up to 3.876% for city residents |
| New Jersey | 10.75% | Large NRI population; high state burden |
| Texas | 0% | No state income tax |
| Florida | 0% | No state income tax |
| Washington | 0% | No state income tax (7% capital gains tax since 2022) |
| Illinois | 4.95% | Flat rate |
| Massachusetts | 9% | Flat rate; surtax on income over USD 1M |
| Georgia | 5.49% | Reduced in recent years |
| Pennsylvania | 3.07% | Flat rate; relatively NRI-friendly |
State-Level Strategy
For US NRIs with significant Indian income (property sale proceeds, large NRO interest), the state of residence can create a 10%+ additional tax burden that cannot be offset by Indian taxes. This is a legitimate factor in domicile planning.
"State taxes are the silent killer in cross-border tax planning. A California-based NRI selling a property in India effectively pays Indian capital gains tax AND 13.3% California tax on the same gain, with only the federal US tax offset by the Indian FTC. The total effective rate can exceed 50%." -- CA Mayank Wadhera, Founder, MKW Advisors
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13. Common Mistakes US NRIs Make
Based on hundreds of cross-border advisory engagements, here are the most frequent and costly errors:
Mistake 1: Not Filing FBAR
Many NRIs do not know FBAR exists. Even a single NRO savings account with a balance exceeding USD 10,000 at any point during the year triggers the obligation. The penalty -- up to USD 12,909 per account per year for non-willful violations -- is disproportionate to the reporting effort.
Mistake 2: Not Reporting Indian Mutual Funds as PFICs
SIP investments in Indian mutual funds create a PFIC filing obligation for each fund. The failure to file Form 8621 can keep the statute of limitations open indefinitely, and the punitive PFIC tax regime applies by default.
Mistake 3: Missing Form 67 in India
To claim Foreign Tax Credit against Indian tax liability, Form 67 must be filed with the Indian Income Tax Department before or along with the income tax return. Missing this deadline means the FTC is denied, resulting in double taxation.
Mistake 4: Ignoring NRE Interest for US Reporting
NRE interest is exempt in India, but it is fully taxable in the US. NRIs who fail to report this income are underreporting their worldwide income to the IRS.
Mistake 5: Not Claiming DTAA Rate on NRO TDS
Banks will deduct TDS at the domestic rate of 20% unless you specifically provide your TRC, Form 10F, and no-PE declaration. Failing to submit these documents means you overpay by 5% on every rupee of NRO interest -- and then must file a refund claim in India.
Mistake 6: Applying Indian Cost Inflation Index in the US
The US does not recognize India's cost inflation index for computing capital gains. You must compute the gain using actual cost in INR, converted to USD at historical exchange rates, with no indexation benefit.
Mistake 7: Not Applying for a Lower TDS Certificate (Section 197)
When selling property, the buyer deducts TDS at 20-30% of the entire sale consideration, not just the capital gain. This results in massive excess TDS that is locked up until you file your Indian return and receive a refund. A Section 197 certificate can reduce TDS to the actual tax liability.
Mistake 8: Treating EPF Withdrawal as Taxable in India
Under the DTAA, private pension (including EPF) received by a US resident is taxable only in the US. Yet many NRIs allow India to deduct TDS and then chase refunds -- an entirely avoidable process.
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14. Practical Example: US NRI Selling Indian Property -- Complete Dual-Country Computation
Facts:
- Rajesh, US citizen (California resident), sells a flat in Mumbai.
- Purchase: April 2018, Cost: INR 80,00,000 (approx. USD 116,000 at the time).
- Sale: January 2026, Sale Price: INR 1,60,00,000 (approx. USD 184,000 at current rate of ~INR 87/USD).
- Holding period: > 2 years (long-term capital gain).
- Rajesh's US taxable income bracket: 24% federal + 9.3% California state.
Step 1: Indian Tax Computation
| Item | Amount (INR) |
|---|---|
| Sale Consideration | 1,60,00,000 |
| Cost of Acquisition | 80,00,000 |
| Long-Term Capital Gain (without indexation, post-Budget 2024 rate) | 80,00,000 |
| Tax at 12.5% (Section 112 post-amendment) | 10,00,000 |
| Surcharge (applicable based on total income) | ~50,000 |
| Health & Education Cess (4%) | ~42,000 |
| Total Indian Tax | ~INR 10,92,000 (approx. USD 12,552) |
TDS deducted by buyer at 20% of sale consideration: INR 32,00,000 (refund of excess TDS to be claimed in India return).
Step 2: US Federal Tax Computation
| Item | Amount (USD) |
|---|---|
| Sale Consideration (at sale date rate) | 183,908 |
| Cost Basis (at purchase date rate) | 116,000 |
| Capital Gain (US computation -- no indexation) | 67,908 |
| Federal Tax at 15% LTCG rate | 10,186 |
| Net Investment Income Tax (3.8%) | 2,581 |
| Gross US Federal Tax | 12,767 |
| Less: Foreign Tax Credit (Indian tax paid) | (12,552) |
| Net US Federal Tax Payable | 215 |
Step 3: California State Tax
| Item | Amount (USD) |
|---|---|
| Capital Gain | 67,908 |
| California Tax at ~9.3% (no LTCG rate; taxed as ordinary income) | 6,315 |
| Less: FTC for Indian taxes at state level | 0 (California does not allow FTC for Indian taxes) |
| California Tax Payable | 6,315 |
Total Tax Summary
| Jurisdiction | Tax Paid (USD) |
|---|---|
| India | 12,552 |
| US Federal (net of FTC) | 215 |
| California State | 6,315 |
| Total Tax Burden | 19,082 |
| Effective Tax Rate on Gain | 28.1% |
This example illustrates why state taxes matter enormously. Without the California tax, Rajesh's total rate would be approximately 18.8%. The California layer adds 9.3 percentage points.
"This is exactly the kind of multi-layered computation that trips up NRIs who try to file on their own. The Indian tax, the US federal computation with FTC, the state tax with no FTC -- each step has different rules, different rates, and different forms. One error cascades through the entire structure." -- CA Mayank Wadhera, Founder, MKW Advisors
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15. Frequently Asked Questions
Q1: What is the India-US DTAA tax rate on interest income?
Under Article 11 of the India-US DTAA, interest income is taxed at a maximum of 15% in the source country for FY 2025-26. This is lower than India's domestic TDS rate of 20% on NRO interest. To claim the beneficial DTAA rate, submit Form 10F and a Tax Residency Certificate (TRC) to your bank.
Q2: What is the FBAR filing threshold and deadline?
You must file FBAR (FinCEN Form 114) if the aggregate value of all your foreign financial accounts exceeded USD 10,000 at any point during the calendar year. The deadline is April 15 with an automatic extension to October 15. FBAR is filed electronically through the BSA E-Filing System, not with your tax return.
Q3: What are the penalties for not filing FBAR?
Non-willful FBAR violations carry penalties up to USD 12,909 per account per year. Willful violations carry penalties up to the greater of USD 129,210 or 50% of the account balance at the time of violation, plus potential criminal prosecution with fines up to USD 250,000 and imprisonment up to 5 years.
Q4: Are Indian mutual funds considered PFICs for US tax purposes?
Yes. The IRS classifies virtually all Indian mutual funds -- equity, debt, hybrid, ELSS, index, liquid -- as Passive Foreign Investment Companies (PFICs). You must file Form 8621 for each PFIC holding and face punitive tax treatment unless you make a QEF or mark-to-market election.
Q5: How does the India-US Social Security Totalisation Agreement work?
Effective since January 1, 2015, the agreement prevents double Social Security taxation. If posted by a US employer to India for up to 5 years, you pay only US Social Security. If employed locally in India, you pay only Indian social security. The agreement also allows totalizing contribution periods across both countries for benefit eligibility.
Q6: Can a Green Card holder be an NRI for Indian tax purposes?
Yes. Indian tax residency is determined by physical presence in India, not by citizenship or immigration status abroad. A Green Card holder who stays in India for fewer than 182 days in a financial year (and does not meet the 120-day/365-day rule where applicable) qualifies as an NRI under the Income Tax Act, 1961.
Q7: How do I claim Foreign Tax Credit for taxes paid in India on my US return?
File IRS Form 1116 (Foreign Tax Credit) with your US tax return. Report the Indian taxes paid or accrued, and the US will credit those taxes against your US tax liability on the same income, subject to the FTC limitation formula. You must also file Form 67 with the Indian Income Tax Department to claim credit for US taxes against Indian liability.
Q8: What are the FATCA Form 8938 reporting thresholds for FY 2025-26?
For US residents filing single: USD 50,000 on the last day of the year or USD 75,000 at any time during the year. For married filing jointly: USD 100,000 on the last day or USD 150,000 at any time. Thresholds are higher for US taxpayers living abroad (USD 200,000/300,000 single; USD 400,000/600,000 joint).
Q9: Is NRO interest taxable at 20% or 15% for US NRIs?
Under Indian domestic law, NRO interest attracts 20% TDS. Under the India-US DTAA, the rate is capped at 15%. To claim the lower rate, submit a Tax Residency Certificate from the IRS, Form 10F, and a self-declaration of no Permanent Establishment in India to your bank before the interest payment date.
Q10: What happens when a US NRI sells property in India?
The NRI pays capital gains tax in India (12.5% for long-term without indexation post-Budget 2024, or slab rates for short-term). The buyer deducts TDS at 20% (long-term) or 30% (short-term) of the entire sale consideration. The NRI then claims a Foreign Tax Credit on their US return via Form 1116 for the Indian tax paid to avoid double taxation.
Q11: Do US NRIs need to file tax returns in both India and the US?
Yes, if they have income in both countries. The US taxes its residents on worldwide income regardless of source. India taxes NRIs only on India-sourced income. You must file in both countries and use the DTAA and Foreign Tax Credit mechanism to eliminate double taxation.
Q12: Which US states have no state income tax?
Texas, Florida, Nevada, Washington (though it has a 7% capital gains tax), Wyoming, South Dakota, Alaska, Tennessee, and New Hampshire have no state income tax on earned income. NRIs in these states save significantly compared to those in California (up to 13.3%) or New York (up to 10.9%), as Indian taxes credited federally typically cannot offset state tax liability.
Q13: Can I continue SIP investments in Indian mutual funds as a US NRI?
Technically, some Indian AMCs still accept investments from US/Canada NRIs, but the PFIC compliance burden makes it inadvisable. Each SIP installment across each fund creates ongoing Form 8621 obligations with punitive tax treatment. Most cross-border tax advisors recommend US-domiciled alternatives for new investments.
Q14: What is the penalty for not filing Form 8938 (FATCA)?
The penalty for failure to file Form 8938 is USD 10,000, with an additional penalty up to USD 50,000 for continued failure after IRS notification. Underpayments of tax attributable to undisclosed foreign financial assets are subject to a 40% penalty (75% for fraud).
Take Action: Get Expert Cross-Border Tax Advisory
Cross-border taxation between India and the US is not a do-it-yourself exercise. The interplay between the DTAA, FBAR, FATCA, PFIC rules, and state taxes creates dozens of decision points where a single misstep can cost thousands of dollars in penalties, excess taxes, or missed credits.
MKW Advisors specializes in comprehensive US-India cross-border tax planning, compliance, and advisory for NRIs across all US states. Our team combines Indian CA expertise with deep understanding of IRS requirements to deliver integrated, dual-country tax solutions.
How We Help US NRIs
- Dual-country tax return preparation (India ITR + US Form 1040 with all schedules)
- FBAR and FATCA compliance (FinCEN 114, Form 8938)
- PFIC analysis and Form 8621 preparation for Indian mutual fund holdings
- Indian property sale planning (Section 197 certificates, FTC optimization, state tax strategy)
- DTAA benefit claims (TRC, Form 10F, treaty rate applications)
- Streamlined filing for prior-year non-compliance remediation
- NRO/NRE account structuring for tax efficiency
- Social Security totalization guidance and Certificate of Coverage applications
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"Cross-border tax is where Indian chartered accountancy, US tax law, and international treaty law converge. At MKW Advisors, we have built our practice around this intersection because we believe NRIs deserve advisors who are fluent in both systems -- not one advisor for India and a different one for the US, with neither understanding the other's work." -- CA Mayank Wadhera, Founder, MKW Advisors | Legal Suvidha | DigiComply
Disclaimer: This article is for informational purposes only and does not constitute legal or tax advice. Tax laws and treaty provisions are subject to change. Consult a qualified cross-border tax professional for advice specific to your situation. All figures are for FY 2025-26 (AY 2026-27) unless otherwise stated.
Published by MKW Advisors | Legal Suvidha | DigiComply -- Trusted partners for NRI tax compliance and cross-border advisory.