
Returning residents must compute capital gains in USD, then convert to INR at SBI TT rate. No relief for rupee depreciation. LTCG taxed at 12.5% plus surcharge.
Returning residents who sell US-listed shares face a tax calculation that starts in dollars, not rupees. The conversion rate is fixed to the last day of the month before the sale, not the date of purchase or the sale date itself, according to the Income Tax Act 2025.
The rule applies regardless of whether the proceeds stay abroad. Capital gains are computed first in the foreign currency of the transaction – dollars, in this case – using the sale price, the original cost, and any expenses. That dollar gain is then converted to rupees at the State Bank of India Telegraphic Transfer buying rate prevailing on the last day of the month immediately preceding the month of sale. For a sale in August 2026, the rate would be the SBI TT buying rate as of July 31, 2026.
There is no separate relief for the rupee depreciation that may have occurred between the purchase and the sale. The tax code does not provide a mechanism to adjust the cost basis for currency moves. The gain is the full dollar gain, converted at the fixed rate, and taxed accordingly.
Shares held for more than 24 months qualify as long-term capital assets. The long-term capital gains rate is 12.5%, plus applicable surcharge and cess. The surcharge depends on total income, but the base rate is set.
Disclosure is also required. Any foreign shares held during the calendar year, along with income from them, must be reported in Schedule FA of the income-tax return for the relevant tax year. For shares sold in August 2026, that would be the 2026-27 return.
Retention of sale proceeds outside India is permitted under foreign exchange regulations, because the shares were acquired while the individual was a resident of the United States. The money does not have to be repatriated.
The tax treatment is straightforward in one sense, but the lack of a depreciation adjustment creates a real cost for anyone who held dollars for years as the rupee weakened. That cost is embedded in the conversion rate, even though the tax is calculated on a dollar gain that may be modest or even negative in real terms after accounting for inflation.
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