Practice area

International Taxation & NRI Services

DTAA treaty benefits, NRI property taxation, 15CA/15CB certification, Transfer Pricing, FEMA repatriation, and residential status advisory for cross-border clients.

Scoped session

NRI Tax & Repatriation Call

A reading of your residency position and the remittance route before you commit to either.

45 minutes · ₹7,500 + GST

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+91 97115 66000

info@aamaca.com

I. DTAA Interpretation & Treaty Benefits

Cross-border economic activity often leads to the same income being taxed in two different countries. At Ajay Arun Mehta & Associates, we leverage Double Taxation Avoidance Agreements (DTAA) to ensure our clients pay tax only where it is legally due.

Treaty Shopping vs. Treaty Selection: We analyze the specific treaties between India and the country of residence (e.g., India-USA or India-Canada) to identify the most beneficial tax rates for royalties, interest, and dividends.
Tax Residency Certificates (TRC): We assist in obtaining and validating TRCs and Form 10F to claim lower withholding tax rates under the Income Tax Act.

II. NRI Taxation (Property Sales & Capital Gains)

Selling property in India as an NRI involves complex tax withholding (TDS) requirements.

Section 195 Compliance: Buyers are often required to deduct 20% (plus surcharge) on the sale price. We help NRIs obtain Lower or Nil TDS Certificates from the Income Tax Department to ensure tax is only deducted on actual gains, not the total sale value.
Reinvestment Strategies: Guidance on Sections 54 and 54EC to exempt capital gains by reinvesting in residential property or specified bonds in India.

III. Form 15CA & 15CB Certification

Any remittance from India to a foreign country requires a tax clearance.

Form 15CB: As Chartered Accountants, we provide the mandatory 15CB certificate after verifying that the correct taxes have been paid on the amount being remitted.
Form 15CA: We manage the online filing of Form 15CA (Parts A, B, C, or D) on the Income Tax Portal to ensure the bank processes the foreign outward remittance without delay.

IV. Transfer Pricing & Global Compliance

For businesses with international group entities, "Arm's Length Price" is the standard for transparency.

Documentation & Benchmarking: We maintain the mandatory Transfer Pricing documentation (Local File/Master File) and conduct benchmarking studies to justify inter-company transactions to the tax authorities.
Country-by-Country (CbC) Reporting: Ensuring large multinationals comply with the transparency requirements of the BEPS (Base Erosion and Profit Shifting) framework.

V. Repatriation of Funds (FEMA Compliance)

The Foreign Exchange Management Act (FEMA) governs how much and how often an NRI can move money out of India.

USD 1 Million Scheme: We guide NRIs on the liberalized remittance scheme allowed for the repatriation of balances in NRO accounts (e.g., from inheritance or property sales).
NRE/NRO/FCNR Management: Strategic advice on which account type offers the best tax and repatriation benefits based on the source of funds.

VI. Determination of Residential Status

The number of days spent in India determines whether your global income or only your Indian income is taxable.

RNOR Status: We help returning Indians manage "Resident but Not Ordinarily Resident" status, which provides a tax-exempt window for their foreign income for up to two years.

Practice notes on this

Written on the orders and the statute, by the partner who argues the matters.

Are You Resident, RNOR or Non-Resident?Residential status is settled before anything else is worth arguing, and since 2020 it can turn on 120 days rather than 182 — or on no days in India at all.
TDS on Property Sale by an NRISection 195 makes the buyer liable, and a buyer who cannot verify your cost deducts on the entire consideration. The remedy has to be in hand before the deed is executed, not after.
When Is Form 15CB Actually Required?Only one of the five routes through Rule 37BB carries an accountant’s certificate. The other four are got wrong in both directions — a certificate commissioned for nothing, or a Part D filed on a sum that was chargeable all along.
FAST-DS 2026: Foreign Asset DisclosureA one-time window to regularise unreported foreign assets closes on 31 December 2026. Where only the Schedule FA entry was missed the cost is a flat ₹1 lakh; where the income was never taxed it is 60% of value.

All practice notes →

Frequently asked

Do NRIs have to pay tax in India on income earned abroad?

No. A Non-Resident is taxed in India only on income that accrues, arises or is received in India, such as rent, capital gains or interest from Indian assets. Salary and other income earned and received outside India is not taxable in India.

What are Form 15CA and Form 15CB?

Form 15CA is a declaration filed by the remitter for payments made to a non-resident, and Form 15CB is an accompanying certificate issued by a Chartered Accountant confirming the taxability and correct TDS on that remittance. Both are required under the Income Tax Act and FEMA for most foreign remittances.

How is capital gains tax handled when an NRI sells property in India?

When an NRI sells Indian property, the buyer must deduct TDS on the sale consideration. Because this TDS is often higher than the actual tax due, we help NRIs apply for a Lower or Nil TDS Certificate under Section 197 to prevent excess deduction and ease repatriation of the proceeds.

What is DTAA and how does it prevent double taxation?

A Double Taxation Avoidance Agreement (DTAA) is a treaty between India and another country that ensures the same income is not taxed twice. Depending on the treaty, relief is given either by exemption or by allowing a credit for tax already paid abroad. We interpret the relevant DTAA and assess any Permanent Establishment risk.

How is my residential status determined for Indian tax purposes?

Residential status depends on physical presence in India during the financial year. Broadly, an individual is a Resident if they stay 182 days or more in the year, or 60 days or more in the year combined with 365 days or more over the preceding four years. Status decides how much of your income India can tax.

Why the firm is engaged for international taxation & nri services

37 years in continuous practice
Argued by the partner who read the record
Scoped and priced before the work starts
Positions cited to the orders they rest on