Can a US NRI Invest in Mutual Funds in India?

US Non-Resident Indians (NRIs) can invest in Indian mutual funds to participate in India’s economic growth. These investments are permissible but involve regulations and compliance requirements in both India and the United States. This guide outlines steps and considerations for US NRIs investing in Indian mutual funds.

Understanding NRI Eligibility and Required Accounts in India

To invest in Indian mutual funds, US Non-Resident Indians must establish financial infrastructure and fulfill regulatory requirements. The Foreign Exchange Management Act (FEMA) defines an NRI as an Indian citizen or Person of Indian Origin (PIO) residing outside India for employment, business, or other purposes indicating an indefinite stay abroad. This differs from the income tax definition, which considers days spent in India.

To facilitate mutual fund investments, NRIs must maintain bank accounts: the Non-Resident External (NRE) and Non-Resident Ordinary (NRO) accounts. NRE accounts are for foreign earnings converted to Indian currency, offering full repatriability. NRO accounts manage income earned within India (e.g., rental income, dividends), with limited repatriation up to $1 million annually after taxes.

Income in an NRE account is tax-free in India, while NRO income is taxable. NRE accounts can only be held jointly with another NRI; NRO accounts allow joint holdings with NRIs or resident Indians. Investments can be made through either account, depending on fund source and repatriation goals.

Completing Know Your Customer (KYC) requirements is mandatory for all investors in Indian financial markets, including NRIs. This process verifies identity, address, and NRI status. Required documents include a valid passport, a Permanent Account Number (PAN) card, proof of overseas address (e.g., utility bill, bank statement), and sometimes proof of Indian address. Foreign language documents usually need English translation.

KYC can be completed through methods, such as submitting notarized or Indian embassy-attested documents, or via online video KYC. Central KYC (CKYC) is a centralized system for one-time KYC completion across all Asset Management Companies (AMCs) and platforms. If an individual’s residential status changes from resident to NRI, update the KYC status with financial institutions using a “KYC Status Change” form and fresh documentation.

The Process of Investing in Indian Mutual Funds

After establishing bank accounts and KYC compliance, a US NRI can invest in Indian mutual funds. The fund choice should align with financial objectives, considering the fund house’s reputation, investment strategy, and the repatriable status of earnings for repatriation.

NRIs can invest in Indian mutual funds through various methods. Direct investment is possible via online portals of Asset Management Companies (AMCs), often with dedicated NRI sections. Investments can also be made through registered brokers or distributors in India, or via online mutual fund platforms aggregating offerings from various AMCs.

The submission process involves online application forms where the NRI specifies the investment amount and the linked NRE or NRO bank account. Funds are transferred from the designated NRI bank account to the mutual fund. After submission, the AMC processes the request.

Following investment, investors receive an allotment confirmation detailing units. Regular statements are provided, and most AMCs offer online portals or mobile applications to access portfolios, track performance, and manage holdings. This streamlined process allows NRIs to manage their Indian mutual fund investments conveniently.

Indian Tax Implications for NRI Mutual Fund Investments

Investing in Indian mutual funds has tax implications for NRIs in India. Capital gains are categorized as short-term or long-term, with rates based on holding period and fund type. For equity-oriented mutual funds (at least 65% equity), a short-term capital gain (STCG) arises if units are sold within 12 months.

Sales on or after July 23, 2024, are taxed at 20%. If held over 12 months, it’s a long-term capital gain (LTCG). LTCG exceeding ₹1.25 lakh annually (for sales on or after July 23, 2024) is taxed at 12.5%, without indexation.

For debt-oriented and other non-equity funds, short-term capital gains apply if units are sold within 36 months. These gains are added to the NRI’s total income and taxed at their applicable slab rates. Long-term capital gains for these funds (held over 36 months) are taxed at 20% with indexation benefits. However, for debt mutual funds purchased on or after April 1, 2023, LTCG indexation benefit is removed, and gains are taxed at the investor’s slab rates.

Dividends from Indian mutual funds are taxable for NRIs in India. They are subject to a flat 20% tax rate, regardless of fund type, and typically incur Tax Deducted at Source (TDS).

Tax Deducted at Source (TDS) withholds tax when income is paid to NRIs. For equity mutual fund capital gains, TDS is 20% for STCG and 12.5% for LTCG if gains exceed ₹1.25 lakh (for sales on or after July 23, 2024). For debt funds, STCG TDS can be up to 30%, and LTCG TDS is 20% with indexation. Dividends also incur 20% TDS. Deducted TDS can be offset against the NRI’s final Indian tax liability; a refund can be claimed by filing an income tax return if liability is less. NRIs may not need to file an Indian income tax return if income is solely investment income or long-term capital gains, if TDS was deducted.

US Tax Implications and Reporting for Indian Mutual Funds

US Non-Resident Indians holding Indian mutual funds face significant tax and reporting obligations in the United States, primarily due to Passive Foreign Investment Company (PFIC) rules. Most Indian mutual funds are classified as PFICs under U.S. Internal Revenue Code Section 1297. A foreign corporation qualifies as a PFIC if at least 75% of its gross income is passive (e.g., interest, dividends, capital gains), or if at least 50% of its assets produce passive income.

The default tax treatment for PFICs, known as the “excess distribution method,” is punitive. Under this method, any income or gain from a PFIC is taxed at the highest marginal ordinary income tax rate, regardless of the investor’s actual tax bracket. An interest charge is also imposed on the deferred tax liability, treating income as if it accrued ratably over the investment period. This can result in a higher tax burden compared to regular investment income.

To mitigate default PFIC rules, US taxpayers can make elections, primarily the Qualified Electing Fund (QEF) or Mark-to-Market (MTM) election. The QEF election is most favorable, allowing investors to treat their share of the PFIC’s ordinary earnings and net capital gains as annual taxable income, similar to a US mutual fund. However, Indian Asset Management Companies (AMCs) typically do not provide the necessary IRS information statements for a QEF election, making this option unavailable for Indian mutual funds.

The Mark-to-Market (MTM) election is another option, provided the PFIC stock is marketable. With an MTM election, the investor recognizes any unrealized gain in their PFIC shares as ordinary income annually. Unrealized losses can be deducted, though with limitations. This election avoids the excess distribution method’s interest charges but still results in annual taxation of unrealized gains. Regardless of the election made, Form 8621 must be filed annually for each PFIC investment held.

Beyond PFIC rules, US NRIs must adhere to other reporting requirements. The Foreign Bank and Financial Accounts (FBAR), FinCEN Form 114, is required if the aggregate value of all foreign financial accounts, including NRE and NRO accounts, exceeds $10,000 at any point during the calendar year. The Foreign Account Tax Compliance Act (FATCA) mandates reporting through Form 8938. This form requires disclosure of specified foreign financial assets, including foreign mutual fund holdings, if their value exceeds certain thresholds (e.g., $50,000 for single filers at year-end, or $75,000 at any time during the year, with higher thresholds for those living abroad).

To prevent double taxation on income from Indian mutual funds, US NRIs may claim a foreign tax credit on their US tax return for taxes paid in India. The Double Taxation Avoidance Agreement (DTAA) between the US and India helps mitigate this by allowing taxpayers to offset Indian taxes against their US tax liability. When reporting income and gains from Indian mutual funds on a US tax return, all amounts must be expressed in US dollars. The IRS accepts any consistently used posted exchange rate, such as the annual average rate for regular income or a spot rate for specific transactions.