DTAA
NRI Advantage: How DTAA Helps UAE & GCC Residents Avoid Capital Gains Tax on Mutual Funds

Double Taxation Avoidance Agreement (DTAA) ensures NRIs are not taxed twice on the same income in India and their resident country by allowing reduced TDS rates or tax credits. Even if you do not pay income tax in Middle Eastern countries like the UAE, Qatar, Oman, Bahrain, Kuwait or Saudi Arabia, you are still eligible for DTAA benefits because these nations have valid tax treaties with India. By submitting a Tax Residency Certificate (TRC), NRIs can claim reduced or NIL tax on mutual fund capital gains and avoid double taxation.

DTAA can materially reduce or eliminate Indian capital gains tax on mutual fund redemptions for NRIs who are tax residents of certain GCC jurisdictions. To benefit, investors must ensure correct residency status, complete NRI KYC updates and submit the necessary documentation to the AMC/RTA before redemption.

DTAA Benefits for Middle East Countries

  • United Arab Emirates (UAE)
  • Saudi Arabia
  • Qatar
  • Kuwait
  • Oman
  • Bahrain

Why DTAA matters for Mutual Fund investors

  • Many DTAAs allocate the exclusive right to tax capital gains to the investor's country of residence, potentially preventing India from taxing redemption gains.
  • Dividend income and certain other payments may attract reduced withholding under the treaty; exact rates vary by treaty article.
  • GCC jurisdictions commonly impose low or zero capital gains tax, enhancing post-tax returns for qualifying residents.

When DTAA benefits apply

  • Eligibility is determined by the investor's tax residency at the time of redemption or income receipt, not by the date of investment.
  • The investor must be a genuine tax resident of the treaty partner country in the relevant financial year (as evidenced by the TRC).
  • Maintain supporting evidence of residency such as visa/residence permit, Emirates ID, tenancy agreement, employment contract and bank statements.

Documents required (submit before redemption)

  1. Tax Residency Certificate (TRC) issued by the foreign tax authority for the relevant year.
  2. Form 10F (India) where the TRC does not contain mandatory particulars required by the payer/AMC.
  3. Updated NRI KYC at the AMC/RTA (passport, visa/residence proof, overseas address proof).
  4. PAN copy, FATCA/CRS declaration and any AMC-specific DTAA declaration forms, as requested by the AMC.
  5. Bank mandate for redemption proceeds (NRE/NRO or a broker-accepted payout account).

Operational reminder: Submit the complete set of documents to the AMC/RTA prior to placing a redemption instruction to enable treaty withholding at source where permitted by law.

Understanding NRI Investment Options

NRIs today form one of the strongest and fastest-growing investor groups in India. With liberalised regulations, digital onboarding, tax clarity and global standard compliance systems, NRIs can seamlessly invest in Indian Stocks, Mutual Funds, Bonds, ETFs and NPS through the NRE/NRO banking framework.

NRIs may invest on either repatriable or non-repatriable basis:

  • Repatriable investments (through NRE + PIS or NRE-linked Mutual Funds) allow profits to be transferred back abroad without restrictions.
  • Non-repatriable investments (through NRO) allow investment of India-sourced income and repatriation up to USD 1 million per year with CA certification.

The process is governed under FEMA, RBI and SEBI guidelines, ensuring a transparent, regulated environment. Investments can be made digitally through leading brokers and AMCs, with simplified NRI KYC, FATCA/CRS declarations, and online documentation.

Demat account is optional for Mutual Fund investments. You can invest directly via Asset Management Companies (AMC), online brokers, or reputed bank applications. NRO account, passport, PAN card, Aadhaar card etc., followed by e-KYC online, are typically required to start investing in mutual funds. See "How to invest in Mutual Funds?" for further details

NRI Investment Opportunities

NRIs enjoy wide opportunities across:

  • Direct Indian Equity (via Trading + Demat, PIS for repatriation)
  • Mutual Funds (equity, debt, hybrid, international funds, FoFs — no PIS required)
  • Government & Corporate Bonds
  • ETFs & Index Funds
  • RBI Schemes & NPS (for eligible NRIs)

India's strong economic growth, corporate earnings strength, stable regulatory framework, and favourable demographic structure make it a compelling long-term investment destination for NRIs.

Taxation for NRIs

Taxation for NRIs follows standard capital gains rules (STCG/LTCG) with TDS applied at the source. Using DTAA (Double Taxation Avoidance Agreement) and a valid Tax Residency Certificate (TRC), NRIs can reduce withholding tax and avoid double taxation.

Benefits of Investing in India for NRIs

Overall, India offers NRIs:

  • Strong long-term growth potential
  • Regulated & transparent investment environment
  • Ease of digital onboarding
  • Clear repatriation framework
  • Attractive equity & MF opportunities

This makes India a preferred and high-conviction destination for global NRI investors building long-term wealth.


NRI Status Definition

Before opening an NRI Demat account, it is essential to understand when an individual qualifies as an NRI. According to the Foreign Exchange Management Act (FEMA) of 1999, an NRI, or Non-Resident Indian, is defined as:

  • An Indian citizen or a person of Indian origin who resides outside India for the purpose of employment, business, or any other reason indicating an uncertain duration of stay abroad.
  • Any Indian citizen who has been in India for less than 182 days during the preceding financial year.

Purpose of an NRE/NRO Demat Account

NRI Demat accounts are specifically designed for individuals who do not reside permanently in India but wish to invest in the Indian stock market. These accounts allow NRIs to buy, sell, and hold securities such as stocks, bonds, and mutual funds in electronic form.

Demat account is optional for Mutual Fund investments. You can invest directly via Asset Management Companies (AMC), online brokers, or reputed bank applications. NRO account, passport, PAN card, Aadhaar card etc., followed by e-KYC online, are typically required to start investing in mutual funds.

Demat account process, documents and tips are shown in the side panel for quick reference.