FME Regulatory Intelligence, Learning & Practice · IFSCA (Fund Management) Regulations, 2025

Outbound Investment Through GIFT IFSC: Tax for Indian Residents

Indian money out to the world through a GIFT IFSC fund. Who pays tax at each level, and where the law says so.

Indian investors (through LRS)
GIFT IFSC fund
Overseas investments

1Indian investors (through LRS)

Taxed on their share or gain

How are Indian residents taxed when they invest through a GIFT IFSC fund?

Your bank collects 20% TCS on LRS remittances above ₹10 lakh in a year. It is not an extra tax: you claim it back in your return.

In a Category I or II fund you are taxed every year on your share of what the fund earns, foreign gains included. Where tax was paid abroad, you can usually claim credit for it.

Show the law
Section 224(1)
224. (1) Irrespective of anything contained in any other provision of this Act and subject to the provisions of this section, where a person, being a unit holder of an investment fund, out of investments made in the investment fund, receives any income or any income accrues or arises to him, such income shall be chargeable to income-tax in the same manner as if, it were the income accruing or arising to, or received by, such person, had the investments made by the investment fund been made directly by him.

Income-tax Act, 2025 as amended by the Finance Act, 2026 · text as notified, amendment footnote numbers omitted · checked 24 October 2026 · Official text

2GIFT IFSC fund

Pass-through or trust

How is the fund itself taxed?

Category I or II: pass-through. The fund is not taxed on what it passes to you.

Category III with Indian residents: it is not a specified fund, so it is taxed as a trust. The trustee pays tax on your share inside the NAV.

What to check: A resident’s gain on redeeming units of such a Category III fund is the resident’s own capital gain, taxed under the general rules.

Show the law
Schedule VI, Note 1(g)(C)
[(C) of which all the units other than the unit held by a sponsor or manager are held by non-residents except,–– (I) where such non-resident becomes resident under section 6(2) or (3) or (4) or (5) or (6) or (7) in any tax year subsequent to that tax year; and (II) the number of units held by such resident unit holder or holders do not exceed 5% of the total units issued and shall fulfil such other conditions as may be prescribed; or]

Income-tax Act, 2025 as amended by the Finance Act, 2026 · text as notified, amendment footnote numbers omitted · checked 24 October 2026 · Official text

Section 303(1)(d)
(d) in respect of income which a trustee appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise [including any wakf deed which is valid under the Mussalman Wakf Validating Act, 1913 (6 of 1913)] receives or is entitled to receive on behalf or for the benefit of any person, such trustee or trustees;

Income-tax Act, 2025 as amended by the Finance Act, 2026 · text as notified, amendment footnote numbers omitted · checked 24 October 2026 · Official text

Section 307(1)
307. (1) The income or any part thereof, in respect of the person mentioned in sections 303(1)(c) and (d) shall be chargeable to tax at the maximum marginal rate, if— (a) such income or such part thereof is not specifically receivable on behalf or for the benefit of any one person; or (b) the individual shares of the persons on whose behalf or for whose benefit such income or such part thereof is receivable are indeterminate or unknown.

Income-tax Act, 2025 as amended by the Finance Act, 2026 · text as notified, amendment footnote numbers omitted · checked 24 October 2026 · Official text

3Overseas investments

Taxed abroad

Who taxes the overseas investments?

Taxed where they are, under that country’s rules. In India, what matters is how the fund and you are taxed, above.

Want to check how these rules apply to your fund?

The answer may depend on the fund’s registration, investor residency, income type and transaction structure.

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Prashant Kumar

Meet the expert

CS Prashant Kumar

Company Secretary & Compliance Officer
Global Horizons Capital Advisors (IFSC) Private Limited — an IFSCA-licensed investment banker

13+ years of experienceFCS Fellow member, ICSIAuthor Audit Under Fire

Published in The Chartered Accountant (Jun 2025, Jan 2025, Mar 2024) and Chartered Secretary (Aug 2023)

Prashant Kumar is a seasoned Company Secretary and corporate governance strategist with more than 13 years of experience advising large corporates, promoter-led groups and global businesses on compliance, regulatory risk and board governance. In GIFT IFSC, the IFSCA regime is his day job rather than a research topic.