Many NRIs living in the Middle East may be making a simple but expensive mistake with their Indian mutual fund investments. They continue holding their mutual funds for years without periodically realising their long-term capital gains, assuming they can redeem whenever they want. On the surface, this may not seem like an issue. But if they suddenly have to return to India, those unrealised gains may later become taxable in India — even though they may have been managed far more efficiently earlier while the investor was still eligible for treaty-based treatment, subject to proper documentation such as a Tax Residency Certificate (TRC).
About the author: Jay Sheth, SEBI Registered Investment Adviser and a member of Fee-only India, a group of fixed-fee-only advisors. He can be contacted via his website shwealth.in.
This is where many investors miss the bigger picture. Tax planning is not only about choosing the right investments or earning good returns. It is also about understanding when gains should be realised. For NRIs in certain Middle Eastern countries, where Indian mutual fund taxation may be managed more efficiently under the relevant DTAA, simply allowing gains to keep compounding without review can create a large embedded tax liability over time.
A practical example explains this well. Consider an Indian NRI in the UAE with a mutual fund portfolio worth around ₹3 crore, mostly held in regular plans, and carrying over ₹90 lakhs of long-term capital gains. Everything looks fine as long as life remains stable. But suppose he suddenly loses his job in February 2026. At that point, what looked like a healthy portfolio can quickly become a tax-planning problem.
If he wants to sell his mutual funds later, Indian tax authorities may expect supporting documentation such as a TRC to support treaty-based tax treatment. But if he is unable to continue in the UAE or does not find another job there in 2026, he may only be able to obtain UAE tax residency support up to December 2025, since the UAE generally follows a calendar-year basis. That creates a difficult situation. If he sells after that, gains which may have been managed earlier could now become taxable in India.
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In such a case, the investor is often forced into two poor choices. He may either redeem and potentially face a capital gains tax outgo of ₹10–12 lakhs, or continue holding the regular mutual funds and keep paying unnecessary commissions just to avoid triggering the tax issue immediately. In many cases, both outcomes could have been significantly reduced with better planning done earlier.
This is why periodic realisation of long-term gains can be an important strategy for NRIs. It is not necessarily about exiting investments, but about avoiding the build-up of a large unrealised gain that could become a future tax burden if residency changes unexpectedly. Periodically reviewing and realising gains can help investors:
- Reset their cost base
- Reduce future embedded tax exposure
- Maintain flexibility if they need to return to India
- Avoid being cornered into poor financial decisions later
The real takeaway is simple: the tax problem often does not arise in the year of sale. It is created in the years when no planning was done. Many investors focus only on returns, but for NRIs, wealth planning must also include residency risk, documentation, and tax timing. Because sometimes, the biggest mistake is not paying tax — it is failing to plan before your circumstances change.
Returns matter. But tax timing matters too.
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