Income Tax for Overseas Equity Investment..!

Income Tax: Overseas Equity Investment..!

by Ms. Sonu Iyer, EY India

Income earned from equity investment in listed Indian companies is eligible for tax exemption. However, no such benefit is available from overseas equity investments.

For individuals who qualify as “resident & ordinarily resident” as per Indian income tax laws, the income tax treatment of income earned from overseas equity investment would be as follows:

Dividend..!

Subject to tax at progressive rates ranging from 10% to 30% (education cess of 3% and surcharge of 10% extra).

Surcharge is only levied in case total taxable income exceeds Rs.1 crore subject to marginal relief.

Short-term capital gain ..!

 Equity investments held for less than 36 months (3 years) are subject to Short-term capital gain (STCG) income tax at progressive rate of tax ranging from 10% to 30% (education cess of 3% & surcharge of 10% extra).

Ms. Sonu Iyer, EY India

Long-term capital gain..!

Equity investment held for more than 36 months (3 years) are subject to Long-term capital gain (LTCG) income tax at a rate of 20% (education cess of 3% and surcharge of 10% extra).

In case of double taxation of income in aboard & India, as per the double tax avoidance agreement between these 2 countries, a tax credit of taxes paid in Sri Lanka may be claimed in India.

Any long-term and short-term capital loss can be carried forward up to eight (8) years from the year of sale in order to offset future LTCG or / STCG.
Details of investment are required to be reported in India.


Ms. Sonu Iyer, Partner, EY India 
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