What Changes After Moving Abroad?: 1. Can Nris Continue Investing in NPS? Everything You Need To Know
What Changes After Moving Abroad?: 1. Can Nris Continue Investing in NPS? Everything You Need To Know
Managing Your NPS Account as an NRI or OCI: Key Rules and Updates
Once you relocate abroad, handling your Indian investments becomes a vital part of
your overall financial strategy—especially your retirement savings. A common
question among NRIs is whether they can continue contributing to the National
Pension System (NPS) after their residency status changes. The answer is yes—but
with a few caveats.
If you had a corporate NPS account while working in India, moving abroad doesn’t
invalidate it. You can request to convert it into the "All Citizens" model, which allows
you to continue as an individual investor. In some cases, employers may handle this
transition automatically.
However, those transitioning to Overseas Citizen of India (OCI) status face a different
situation. Since OCI implies a change in citizenship, NPS guidelines require closure
of the existing account and opening a new one under the OCI framework.
These benefits are only available if you're filing an Indian tax return. Under the new
tax regime, deductions related to employer contributions aren’t available to NRIs.
Returns from NPS are not taxed in India until they are withdrawn. But taxation might
apply in your country of residence, so it’s important to consider both jurisdictions.
At maturity:
You can withdraw up to 60% of the corpus tax-free in India under Section 10(12A).
The remaining 40% must go into an annuity, whose income is taxed based on Indian
slab rates.
In cases of premature withdrawal, rules are consistent for residents and NRIs:
Up to 20% can be withdrawn as a lump sum
Annuity income will be credited to your NRO account, from where you can remit
funds overseas. This process will require a Form 15CB from a chartered accountant
and must adhere to RBI guidelines.
Kurian Jose, CEO of Tata Pension Fund, emphasizes that the real decision point is
whether you’ll settle back in India. If you won’t, and you take on OCI status,
eventually you’ll need to repatriate your assets in line with Indian regulations.
For NRIs, the NPS remains a disciplined and tax-friendly retirement vehicle. But
keeping up with KYC rules, tax compliance, and repatriation norms is essential to
fully benefit from it while living abroad.
2. How NRIs Have More Freedom in NPS Than Indian Bank Employees—And Why
It Matters
If you're an NRI investing through the National Pension System (NPS), you may not
realize just how much freedom you actually have—especially compared to public
sector bank employees back in India. While you can choose your own pension fund
manager and control your equity allocation, lakhs of government bank employees
remain stuck in low-yielding schemes with no flexibility.
Meanwhile, NRIs investing through more aggressive fund options like DSP, Kotak, or
UTI have had access to far better returns, some exceeding 24% over 3 years.
This lack of flexibility keeps employees trapped in schemes with low equity
exposure (capped at 15%), limiting their potential for long-term growth. Some have
reported being stuck with returns of under 10%, while their peers in insurance or
regulatory bodies can aim for 14% or more, simply because they can increase equity
allocations.
● You can customize your asset allocation between equity, corporate bonds,
and government securities
This autonomy allows you to optimize for growth or safety depending on your
financial goals—something PSB employees are still fighting for.
But the situation also highlights a broader issue of fairness and reform. PSB
employees are effectively penalized for systemic inertia, despite contributing
regularly to the same retirement system.
As an NRI, you may want to stay informed and engaged with NPS policy
developments. The landscape is evolving, and what is true today might shift
tomorrow—especially as the line between Indian residents and NRIs continues to
blur in the context of financial systems.
While NRIs enjoy more freedom and potentially better returns in NPS today, it’s
important to recognize the larger picture: outdated policies are still holding back
millions of investors in India. As you take advantage of your flexibility abroad, this
might be a moment to appreciate the opportunity—and advocate for broader change
that benefits all NPS participants.
As India grapples with a rapidly ageing population and longer life expectancy, the
role of structured retirement planning is gaining national urgency. At the 2025 Mint
BFSI Summit, Deepak Mohanty, Chairperson of the Pension Fund Regulatory and
Development Authority (PFRDA), laid out the roadmap for expanding the National
Pension System (NPS)—a system many Non-Resident Indians (NRIs) already invest
in.
But while India’s domestic pension adoption is still catching up, NRIs may find
themselves better positioned to leverage NPS—and here’s why it matters.
● Only 25% of surveyed Indians consider retirement savings, per RBI & NCFE
● Equity Tier I schemes: ~13.2% CAGR since inception (as of early 2025)
You also benefit from the "All Citizens" model, which gives you the freedom to:
These flexibilities are still not fully available to all domestic government bank
employees—as shown in another recent Mint report.
● If you file taxes in India, you can still claim deductions under Section 80C and
80CCD(1B).
● You can start building a retirement corpus in India—for yourself or even for
your children.
India is rethinking its retirement ecosystem, and NRIs can play an active role in this
transformation. Whether you're planning to return to India someday, want to keep
part of your corpus in INR, or simply diversify across jurisdictions, NPS offers a
disciplined, regulated, and tax-efficient tool to secure your long-term future.
4. How NRIs Can Claim Special Tax Concessions Under Sections 115C to 115I of
the Income Tax Act
Many NRIs and Persons of Indian Origin (PIOs) continue to maintain investment
portfolios in India. These may include shares, debentures, bank deposits, or
securities issued by the government. However, a large number of them are unaware
of the concessional tax benefits available under Sections 115C to 115I of the Indian
Income Tax Act. These provisions offer a favourable tax structure on income earned
from specific financial assets, provided certain conditions are met.
However, it is important to note that NRIs availing these provisions cannot claim any
deductions under Chapter VI-A of the Income Tax Act (which includes sections such
as 80C for NPS, ELSS, etc.). Additionally, the indexation benefit on long-term capital
gains is not available under these special provisions.
This distinction often leads to confusion. NRIs commonly transfer money from their
NRO to NRE accounts using Forms 15CA and 15CB. While this is permissible under
FEMA, it does not convert domestic income into foreign exchange for tax purposes.
Tax authorities may request documentary proof to confirm that the investment was
made with genuine foreign currency remittances.
Documentary Requirements
To claim these tax benefits confidently, NRIs must maintain a clear audit trail. This
includes:
Without this evidence, the concessional treatment under Sections 115C to 115I may
be denied during tax scrutiny or assessment.
Under Section 115E, investment income (such as interest or dividends from eligible
assets) is taxed at a flat rate of 20%, while long-term capital gains from the sale of
these assets are taxed at 12.5%. These rates apply on a gross basis, which means
that no deductions or exemptions are available under other sections of the Act for
this income.
An additional benefit under this framework is that long-term capital gains can be
exempted from tax if the net sale proceeds are reinvested into another eligible
foreign exchange asset within six months of the sale. However, the reinvested
amount must be held for a minimum of three years to retain the tax exemption.
For example, if an NRI sells eligible shares for ₹10 lakh and makes a long-term
capital gain of ₹2 lakh, reinvesting the entire ₹10 lakh into another qualifying asset
within six months would make the entire ₹2 lakh exempt from tax. If only ₹8 lakh is
reinvested, the exemption will be granted on a proportional basis (i.e., ₹1.6 lakh out
of ₹2 lakh), and the remaining ₹40,000 will be taxed at 12.5%.
If the newly purchased asset is sold within three years, the earlier exemption will be
revoked, and the exempted capital gain will become taxable in that year.
Yes. The benefit of tax exemption on LTCG can be continued over multiple
investment cycles. As long as the reinvestment is made within six months of each
sale and the new assets are held for at least three years, the exemption can be
carried forward repeatedly. However, at every stage, proper documentation of the
source of funds and asset eligibility is essential.
Even after an NRI returns to India and becomes a resident, they may continue to
avail the concessional tax treatment on income from foreign exchange assets
acquired while they were non-residents. To do this, the individual must submit a
written declaration with their income tax return requesting continued application of
these provisions. However, this continuation does not apply to dividend and interest
income from Indian companies after acquiring resident status.
Conclusion
Sections 115C to 115I of the Income Tax Act offer a tax-efficient framework for NRIs
who invest in India using foreign currency. The flat tax rates, combined with the
reinvestment-based LTCG exemption, can significantly enhance after-tax returns.
However, careful attention must be paid to the origin of funds, timing of investments,
and documentation.
NRIs who integrate this strategy into their overall wealth and retirement planning—
alongside tools like NPS or Indian mutual funds—can create a robust, tax-efficient
portfolio aligned with both domestic and global financial goals.