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How Much Tax Will NRIs Pay On Gold ETF Gains In India? Key Rules You Should Know
How Much Tax Will NRIs Pay On Gold ETF Gains In India? Key Rules You Should Know
NRIs investing in Indian Gold ETFs face new tax rules from April 2025. Learn about LTCG rates, exemptions, DTAA impact, and compliance tips.
Non-Resident Indians (NRIs) with investments in Indian Gold Exchange Traded Funds (ETFs) need to be aware of evolving tax rules that determine how gains from sales are treated under Indian law. Gold ETFs are treated as “securities” and thus capital assets under the Income Tax Act, 1961. Any profit arising from their transfer is taxed as capital gains, either short-term or long-term, depending on how long the units are held before sale.
Under the current tax regime, effective from April 1, 2025, a holding period exceeding 12 months classifies the gain as long-term capital gains (LTCG). Furthermore, gains arising from its transfer are treated as long-term capital gains (LTCG), which are taxable at the rate of 12.5 per cent, without indexation benefits, along with the applicable surcharge and health and education cess.
If Gold ETF units are sold within 12 months of acquisition, the profits are treated as short-term capital gains (STCG) and are taxed at the investor's applicable income tax slab rates.
The gains of the Gold ETF, on the other hand, which are held for more than 12 months, would qualify as LTCG and would be taxable in India in accordance with the above provisions.
Importantly for NRIs, the LTCG exemption of Rs 1.25 lakh in respect of LTCG is restricted only to gains arising from the transfer of listed equity and units of equity-oriented funds. It does not apply to gold ETFs, as they are not classified as equity-oriented instruments under Indian tax laws.
Double Taxation Avoidance Agreement
NRIs should also consider implications under the Double Taxation Avoidance Agreement (DTAA) with their country of residence. Although many treaties, such as the India–Hong Kong pact, govern the taxation of capital gains and confer taxing rights on both India and Hong Kong in respect of gains arising from the transfer of such assets. They do not provide an exclusive benefit for capital gains from the Gold ETF sales.
From a procedural perspective, Tax Deducted at Source (TDS) may apply if redemption happens directly with a fund house, but trading through a recognised stock exchange generally does not attract TDS.
At the end, we suggest NRIs planning to sell Gold ETFs consult tax professionals to ensure compliance and optimise their tax outcomes under Indian law.
Source: News18
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