Nri capital gains tax - help appreciated

Hi,

I am an NRI. I made an investment in a private company about two years ago. Now I am selling my stake that results in a capital gain. CPA of of the company mentions the following in regards to the transaction.

1. I am required to repatriate the proceeds to complete buyback of my stake since initial investment came through an FDI

2. Taxes on capital gains have to be withheld at the company at 20% rate (on long term gains) before the proceeds can be released to me

Point #1 does not make any sense to me. I'd prefer to reinvest in India so I don't incur repatriation cost at this time. Isn't that possible by law?

Point #2 makes sense to a certain extent since as they seem to collect taxes at the source per section 195. But I am interested in reinvesting in a tax efficient manner, do I still need to pay taxes at the source? in other words, can I not deal with taxes myself depending on how I use the proceeds?

I really appreciate any insights you can offer. Thanks in advance.

Replies (3)

Hi Rajan,

Greetings!!!!

 

1. You are not mandatorily required to repatriate the funds. You need to deposit the same in NRO Account and reinvest in permissible investment options under FEMA for NRI.

 

2. The Tax has to be withhold compulsorily u/s 195. You will be eligible for the credit of the same against any income. 

Should you any further queries, feel free to write to us.

 

Best Regards,



Khushboo Dodhia Vora.

K J Dodhia & Associates.

Chartered Accountants.

Mob:       +91 9920-433-087 

Tel:          +91-22- 6710-6795

Email:    khushboojdodhia @ gmail.com

Add:       Saidham Arcade, 1st Flr, No. 34

               P. K. Road, Near St. Mary School,

               Mulund(W) – Mumbai 400 080



Dear RAJGN,

You are not required to remit funds outside India on sale of shares in India. You can simply transfer them to NRO account .

 

Anuj

+91-9810106211

femaquery @ gmail.com

 

 

 

Originally posted by : CA. Anuj Gupta


Dear RAJGN,

You are not required to remit funds outside India on sale of shares in India. You can simply transfer them to NRO account .

 

Anuj

+91-9810106211

femaquery @ gmail.com

 Dear Anuj,

Suppose an agri lands were sold by an indian weather the proceeds will be taken to USA

regards

 

 


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