Mint Kolkata

The tax divide: How do Reit proceeds get taxed for NRIs?

- Harshal Bhuta ASK MINT NRI TAXATION

I am an NRI (non-resident Indian) and my brother is a resident. We both hold units of Embassy Park Reit. We received various distributi­ons from Embassy Park in FY2023-24, the latest in February 2024. There has been TDS (tax deducted at source) on distributi­ons such as interest and dividend but at different rates for him and me. Will the tax treatment be the same for both of us even if TDS is different on some incomes?

—Name withheld on request

It is true that TDS rates on interest and dividend income are different for a resident and a non-resident unitholder. TDS rate on interest income as well as dividend distributi­on to a resident unitholder of Reit (Real Estate Investment Trust) is typically 10% whereas TDS rate on interest distributi­on to a non-resident unitholder is 5% and TDS rate on dividend distributi­on to a non-resident unitholder is 10% respective­ly.

When it comes to tax liability, though interest income and dividend income from Reit is taxable at applicable slab rates for a resident unitholder, it is not the same for a non-resident unitholder. Non-resident unitholder bears 5% tax liability on interest distributi­on from Reit whereas dividend distributi­on from Reit is taxed at 20% for such non-resident unitholder.

Moreover, repayment of debt does not attract any TDS obligation­whetheriti­sfordistri­bution to a resident or a non-resident unit holder. Any repayment of debt up to issue price of Reit units is not taxed as income but gets reduced against the cost of acquisitio­n for future calculatio­n of capital gains. Whereas repayment of debt beyond the issue price of Reit units is to be taxed under the head ‘Income fromOtherS­ources’attheappli­cable slab rates. This tax treatment remains the same between a resident and a non-resident unitholder.

Harshal Bhuta is partner at P.R. Bhuta & Co. Chartered Accountant­s.

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