Here’s how wealthy Indians are minimizing their tax liabilities on mutual fund capital gains:
1. Double Tax Avoidance Agreement (DTAA)
- DTAA prevents double taxation on the same income—once in India and once in the country of residence.
- Some countries, including the UAE, do not specifically address “income from mutual funds” under DTAA, making it tax-free for residents of those countries.
2. Countries Offering Tax Benefits on Mutual Fund Gains
- Several countries offer tax-free capital gains on mutual funds for NRIs due to their DTAA with India:
- United Arab Emirates (UAE)
- Singapore
- Mauritius
- Malaysia
- Oman
- Qatar
- Saudi Arabia
- Kuwait
- Bahrain
- NRIs in these countries do not pay taxes on capital gains made from Indian mutual funds.
3. The Dubai Gold Rush
- Dubai (UAE) is particularly attractive due to its zero-income tax policy and business-friendly environment.
- Wealthy Indians with large mutual fund portfolios are increasingly applying for Dubai’s “Golden Visa” program.
4. How the Dubai Strategy Works
- Golden Visa: Apply for a UAE Golden Visa, which grants residency rights in Dubai. This visa is available to investors, entrepreneurs, and professionals.
- Residency Requirement: To maintain residency, spend over six months in Dubai each year.
- Tax-Free Gains: As residents of the UAE, NRIs are not taxed on capital gains from Indian mutual funds, thanks to the UAE’s policy and India’s DTAA with the UAE.
5. Why This Strategy Matters
- Especially attractive for high-net-worth individuals (HNWIs) with significant mutual fund portfolios.
- India’s capital gains tax on mutual funds, particularly long-term capital gains, makes this strategy appealing to wealthy individuals looking for tax-saving opportunities.
- Other forms of income (e.g., rental income, dividends) may still be subject to taxes in India or the country of residence. Consult a tax expert to understand the full implications.
6. Conclusion
- NRIs can legally avoid paying taxes on capital gains from Indian mutual funds by obtaining residency in Dubai and living there for over six months.
- While this strategy is gaining popularity, it’s important for individuals to stay informed about both Indian and international tax regulations.
Consulting with financial advisors is key to ensuring compliance and maximizing tax-saving opportunities.