Rules for getting funds from US brokerage account to India after the death of account holder

Hello,

Today I have a question regarding ESOP and RSU provided by a US based company to Indian citizen.
US Brokers do not allow foreign individuals to add Nominee/Beneficiary in the brokerage account. This is a single holding individual account. What are the rules for getting money back to India in case the account holder dies and amount in brokerage account is more than $60,000? Can we get away from paying taxes in US while getting money out of the brokerage account to Indian bank account?

Few scribbles:
https://www.irs.gov/individuals/international-taxpayers/some-nonresidents-with-us-assets-must-file-estate-tax-returns#:~:text=An%20executor%20for%20a%20nonresident,U.S.%2Dsituated%20assets%20exceeds%20%2460%2C000.
As per above link, we have to fill 706-NA
And as per the sub-link we have to pay taxes on the amount at the rate of 40%

Hi Siddharth,

Your question touches on a sensitive and complex area involving US estate tax laws, cross-border inheritance, and repatriation of funds. Here's a detailed breakdown:

1. Brokerage Account & Nominee Issue

US brokerage accounts generally do not allow nomination/beneficiary designation like Indian mutual funds.
On the death of the sole account holder, the account becomes part of their estate.
The executor or legal heir must go through probate or legal succession process as per the US laws and brokerage policies to claim funds.

2. US Estate Tax on Non-Residents

The US taxes non-resident aliens on their US-situated assets (including stocks, securities, brokerage accounts) above certain thresholds.
For non-resident aliens, the estate tax exemption is only $60,000.
If the estate's value exceeds $60,000, the excess is subject to estate tax, potentially up to 40%.
Form 706-NA (US Estate Tax Return for Nonresident Aliens) must be filed by the executor if the gross estate exceeds $60,000.

3. Repatriation of Funds to India

After the probate and tax formalities are complete, funds can be transferred to India.
The executor (legal heir) will receive the proceeds, which can be remitted.
For the heir in India, the remitted amount is generally not taxable as income but may be subject to tax in case of capital gains if the underlying asset appreciates in India later.

4. Avoiding or Minimizing US Estate Tax

Unfortunately, US estate tax is difficult to avoid on US assets for non-resident aliens beyond the $60,000 exemption.
Some planning options include:
- Gifting assets during lifetime (subject to gift tax rules).
- Holding assets in certain structures or insurance policies (consult a cross-border tax expert).
- Checking for tax treaties—but US-India treaty does not provide estate tax relief.

5. Taxation in India

India taxes inheritance as non-taxable, but income from inherited assets is taxable.
If the assets generate income (like dividends or sale proceeds), the heir must report these in India.
Double Tax Avoidance Agreement (DTAA) provisions may apply to avoid double taxation.

Summary:

Aspect	Detail
Nominee in US brokerage	Not allowed, probate needed
Estate tax threshold (US)	$60,000 exemption for non-resident aliens
Estate tax rate (US)	Up to 40% on amount above exemption
Tax form	Form 706-NA to be filed by executor
Funds repatriation to India	Allowed after probate and tax clearance
Tax in India on inheritance	Inheritance not taxable; income from assets taxable

If the amount is substantial, consulting a cross-border tax expert and estate planner is highly recommended to navigate US probate, estate tax filings, and Indian tax compliance.