Money n Wealth September 4, 2026 15 min read Last reviewed October 14, 2026
    Buying Apple or an S&P 500 fund from India takes one of three routes, and each is taxed and reported differently. LRS, TCS, the tax on both sides and the US estate-tax rule most investors miss.

    Frequently Asked Questions

    Is the ₹10 lakh TCS threshold the same as my total LRS limit for the year?

    No. The overall LRS ceiling is USD 250,000 per financial year for permitted purposes combined. The ₹10 lakh figure is only the point above which TCS starts getting collected on remittances for investment — you can still remit up to the full USD 250,000 limit, just with 20% TCS applying beyond ₹10 lakh.

    Do I pay tax in both the US and India on the same gains?

    Capital gains from selling US shares aren't taxed by the US for non-resident aliens in most cases, so double taxation mainly comes up on dividends, where the US withholds tax at source. India's tax treaty with the US and the Foreign Tax Credit mechanism (Form 67) are designed to prevent you from being taxed twice on that same dividend income — but you do need to actively claim the credit.

    Do I need to report US stocks if I haven't sold anything or received dividends yet?

    Yes. Schedule FA disclosure is based on holding foreign assets during the relevant calendar year, not on realising a gain or receiving income — it applies even to unrealised, unsold holdings.

    Is investing in a Nasdaq-100 index fund through an Indian AMC "investing in US stocks"?

    Economically, yes — you get exposure to the same underlying US companies. Structurally, no — you hold rupee-denominated Indian mutual fund units, not US shares directly, so LRS, TCS, W-8BEN and Schedule FA simply don't apply the way they would with a direct broker.

    What happens to my US shares if the broker or platform shuts down?

    This depends entirely on the specific platform's custody arrangement — some hold shares through SEC-regulated US brokers with standard investor protections (like SIPC coverage in the US), others use different structures. Confirm exactly who holds custody of your shares, and under which country's investor-protection regime, before committing significant capital to any single platform.

    Do Indians pay US estate tax on US shares?

    They can. A non-US person holding US-situs assets, such as shares of US companies or US-domiciled ETFs, worth more than US$60,000 at death can face US federal estate tax at rates up to 40%. India and the US have no estate-tax treaty. Indian mutual funds with US exposure do not create this exposure for the investor.

    Which ITR form do I use if I hold US stocks?

    A resident holding US shares must file ITR-2, or ITR-3 if there is business income, even if total income is below the exemption limit. Report holdings in Schedule FA on a January-December basis, dividends and gains in Schedule FSI and the relevant schedules, and file Form 67 to claim credit for US tax withheld.

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    Regulatory Information: Money n Wealth (Predics Fintech Services Pvt Ltd) is regulated under SEBI's framework as an AMFI-registered Mutual Fund Distributor (ARN-121995) and an APMI-registered Portfolio Manager Distributor (APRN-07444). Insurance-related products and services referenced on this site are offered under IRDAI-registered insurance distribution arrangements. Mutual fund investments are subject to market risks; please read all scheme-related documents carefully. This article is for general informational and educational purposes only, does not constitute personalized investment, tax, legal or insurance advice, and should not be the sole basis for any financial decision — please consult your advisor and review official product documents before investing or purchasing any policy.

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