Understanding the UAE Shift: Nilesh Shah of Kotak AMC Discusses Tax Loopholes Exploited by NRIs
In April 2025, Nilesh Shah, the Managing Director of Kotak Mahindra Asset Management Company (AMC), raised awareness about a tax loophole that enables Non-Resident Indians (NRIs) to legally evade capital gains tax in India by temporarily relocating their tax residency to nations such as the United Arab Emirates (UAE). Although this practice adheres to existing laws, it prompts concerns regarding tax fairness and the risk of extensive misuse. Clarifying the Loophole India has established Double Taxation Avoidance Agreements (DTAAs) with various countries, including the UAE, Singapore, Mauritius, and Portugal. These agreements aim to prevent individuals from facing double taxation on the same income. Under specific DTAAs, capital gains from investments, such as mutual funds, are taxed solely in the investor’s country of residence. The loophole functions as follows: Residency Criteria: An individual who spends over 183 days in a financial year in a country like the UAE qualifies as a tax resident of that nation according to Indian tax regulations. Capital Gains Tax Treatment: According to the DTAA between India and the UAE, capital gains from investments like mutual funds are only taxable in the country of residence. Given that the UAE imposes no personal income tax, these gains effectively become exempt from taxation. Tax Evasion Strategy: By carefully planning their duration of stay, individuals can sidestep capital gains tax in India without breaching any laws. Nilesh Shah’s Concerns Nilesh Shah voiced his apprehensions regarding this practice, stressing that while it may be legally acceptable, it compromises the principle of fair taxation. He pointed to a recent instance where a Singapore-based investor successfully claimed an exemption on over ₹1.35 crore in capital gains from mutual fund units, referencing the India-Singapore tax treaty. The ruling by the Mumbai Income Tax Appellate Tribunal (ITAT) in favor of the investor established a precedent that could promote similar tactics. Shah cautioned that the phenomenon of “seasonal non-residency” could significantly undermine the tax base if not addressed in a timely manner. He proposed modifications to current legislation to guarantee that tax benefits are exclusively available to authentic non-residents, preventing individuals from temporarily altering their residency for tax benefits. Implications for Tax Policy The misuse of Double Taxation Avoidance Agreements (DTAAs) for tax evasion presents challenges for India’s fiscal policy: Revenue Decline: An increasing number of high-net-worth individuals employing this tactic could result in considerable revenue losses for the government due to capital gains taxes. Tax Fairness: Domestic taxpayers may view the system as inequitable if others can legally evade taxes by temporarily relocating, which could lead to reduced compliance and diminished trust in the tax system. Policy Adjustments: To address this loophole, India might need to renegotiate specific DTAAs or implement measures akin to the “exit tax” utilized by countries such as the United States, which levies taxes on individuals’ accrued gains prior to their renunciation of residency. Conclusion Although the existing legal framework allows Non-Resident Indians (NRIs) to evade capital gains tax by relocating to countries like the UAE, this practice raises critical issues regarding tax equity and revenue consequences. Policymakers must contemplate reforms to prevent the misuse of tax benefits and ensure that the tax system remains fair for all residents and non-residents. Note: This blog is based on information available as of April 2025 and reflects the perspectives of Nilesh Shah and related tax policies at that time.