
Major Tax Relief for NRIs: New Clause Reduces Capital Gains Tax by Up to 72%
The Income Tax Bill 2025 has introduced groundbreaking tax relief for Non-Resident Indians (NRIs) investing in India's unlisted equity markets. Under the new Clause 72(6), NRIs can now calculate capital gains in foreign currency, accounting for forex fluctuations and potentially reducing long-term capital gains tax by up to 72 percent.
Revolutionary Forex Adjustment Provision
The new legislation addresses a long-standing concern for NRI investors who previously faced inflated tax liabilities due to rupee depreciation. The key features of this reform include:
- Capital gains calculation in the same foreign currency used for original investment
- Adjustment for foreign exchange fluctuations during the investment period
- Relief specifically for unlisted Indian equity shares and startup investments
- Exclusion of foreign portfolio investors from this benefit
This provision fundamentally changes how NRI investments are taxed, moving away from the previous system that often penalized investors due to currency movements beyond their control.
Understanding Clause 72(6) of Income Tax Bill 2025
The new clause specifically states that capital gains for non-resident investors will be computed by converting all relevant amounts into the same foreign currency initially used for the share purchase. This includes:
- Cost of acquisition - Original investment amount
- Transfer expenses - Costs incurred during the sale process
- Sale consideration - Full value received from the transaction
- Currency consistency - All calculations in the original foreign currency
This comprehensive approach ensures that NRIs are not disadvantaged by rupee depreciation, which previously led to artificially inflated taxable gains.
Scope and Limitations
The tax relief specifically applies to certain categories of investments while excluding others:
Covered Investments:
- Unlisted Indian equity shares
- Startup company investments
- Technology sector unlisted securities
- Debentures of Indian companies (unlisted)
Excluded Investments:
- Listed equity shares (BSE, NSE traded securities)
- Foreign portfolio investor holdings
- Securities covered under Section 198
Dramatic Tax Savings Potential
Tax experts project that NRIs could experience substantial reductions in their long-term capital gains tax burden. The potential benefits include:
- Up to 72 percent reduction in LTCG tax liability
- Elimination of artificial gains from currency depreciation
- Tax calculation based on actual USD gains rather than inflated rupee amounts
- More accurate reflection of true investment returns
This represents a correction of the previous system where NRIs were effectively penalized for holding Indian investments during periods of rupee weakness.
Impact on India's Startup Ecosystem
The new provision is particularly significant for India's thriving startup and technology sectors, where unlisted equity dominates the funding landscape. Benefits include:
- Enhanced attractiveness of Indian startup investments for NRIs
- Increased capital flow into high-growth technology companies
- Better alignment of tax treatment with actual investment performance
- Support for India's innovation and entrepreneurship ecosystem
Expert Analysis and Market Response
Tax expert Advocate Sharanya Tripathi highlighted the transformative nature of this reform, noting that it "makes India's unlisted equity space more financially viable for NRIs" while reinforcing the government's focus on fostering capital inflows.
The provision addresses a fundamental unfairness in the previous tax system, where NRIs faced higher tax burdens simply due to currency movements unrelated to their investment decisions or company performance.
Implementation Challenges and Requirements
While the new provision offers significant benefits, successful implementation depends on clear regulatory guidelines, particularly regarding:
- Exchange rate determination - Preferably linked to RBI or authorized dealer rates
- Documentation requirements - Proof of original currency used for investment
- Compliance procedures - Streamlined processes to avoid administrative burden
- Dispute resolution - Clear mechanisms to handle assessment disagreements
Strategic Implications for NRI Investors
This tax reform creates new strategic considerations for NRI investment planning:
- Portfolio rebalancing toward unlisted equity opportunities
- Enhanced focus on startup and technology investments
- Improved risk-return profiles for Indian market exposure
- Greater tax efficiency in long-term wealth building strategies
Government's Broader Economic Strategy
The introduction of Clause 72(6) reflects the government's strategic intent to position India as a preferred investment destination for global Indians. This measure supports broader economic objectives including:
- Increased foreign capital inflows into domestic markets
- Support for India's startup and innovation ecosystem
- Enhanced competitiveness of Indian investment opportunities
- Strengthened economic ties with the global Indian diaspora
Future Outlook and Investment Opportunities
The new tax provision is expected to significantly boost NRI participation in India's unlisted equity markets. With clearer tax treatment and reduced currency-related penalties, NRIs may find Indian startup and technology investments more attractive than ever before.
The success of this reform will ultimately depend on the government's ability to provide clear implementation guidelines and ensure administrative ease. If executed effectively, this provision could mark a turning point in NRI investment patterns and India's capital market development.
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