Specified Tax Rates and Definitions for NRIs Under Sections 115E and 115C
Section 115E: Specified Tax Rates
For Non-Resident Indians (NRIs), the specified tax rates on total income include:
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Investment Income and Long-Term Capital Gains (LTCG) from Assets Other Than Specified Assets: The tax rate is 20%.
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Income by Way of Long-Term Capital Gains from Specified Assets: The tax rate is 10%.
Section 115C: Definitions
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Investment Income:
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Defined as any income derived from a foreign exchange asset.
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Specified Asset:
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Includes the following:
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(i) Shares in an Indian company.
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(ii) Debentures issued by an Indian company which is not a private company as defined in the Companies Act, 1956.
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(iii) Deposits with an Indian company which is not a private company as defined in the Companies Act, 1956.
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(iv) Any security of the Central Government as defined in clause (2) of section 2 of the Public Debt Act, 1944.
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(v) Such other assets as the Central Government may specify by notification in the Official Gazette.
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Long-Term Capital Gains:
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Income chargeable under the head “Capital Gains” relating to a capital asset, being a foreign exchange asset which is not a short-term capital asset.
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Foreign Exchange Asset:
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Any specified asset acquired, purchased with, or subscribed to in convertible foreign exchange.
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Convertible Foreign Exchange:
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Foreign exchange treated by the Reserve Bank of India as convertible for the purposes of the Foreign Exchange Management Act, 1999, and any related rules.
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Section 115G: Return of Income
According to Section 115G, it is not necessary for an NRI to furnish a return of income under sub-section (1) of Section 139 if:
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(a) The total income during the previous year consists only of investment income or income by way of long-term capital gains or both.
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(b) Tax deductible at source under the provisions of Chapter XVII-B has been deducted from such income.
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