Tax-Aware Rebalancing for NRIs: How to Bring Your India Portfolio Back to Target Without Bleeding It in Capital Gains and TDS
How an NRI rebalances an India portfolio without wasting money: using the Rs 1.25 lakh LTCG exemption, harvesting losses, new-money rebalancing, and the US PF.
A reader in New Jersey emailed me a screenshot of his India portfolio in March, asking why his "free" rebalance had cost him Rs 1,87,000. He had done exactly what the personal finance blogs tell you to do: his equity had drifted from a 60% target to 71% after two strong years, so he sold down the excess and bought debt funds to bring it back to plan. The trade itself was correct. What he had not priced in was that selling roughly Rs 22 lakh of equity, almost all of it short-term, triggered Section 111A short-term gains taxed at 20%, the fund house deducted the tax at source before the money even reached his NRO account, and he then bought debt funds that, because he had bought them after April 2023, will be taxed at his slab rate when he eventually sells them too. A resident doing the identical rebalance would have faced the same gains on paper but no withholding, kept the cash working, and possibly paid nothing if the gains sat inside a basic exemption he does not have. The rebalance was not wrong. The way he did it was expensive.
The 30-second answer: Rebalancing costs an NRI more than a resident because every equity sell trade triggers capital gains that are deducted at source as TDS (20% short-term under Section 111A, 12.5% long-term above Rs 1.25 lakh under Section 112A, slab-rate under Section 195 on post-April-2023 debt funds), and an NRI has no basic exemption to shelter slab-taxed income. Rebalance tax-aware, not naive: deliberately harvest the Rs 1.25 lakh annual LTCG exemption every year before 31 March, offset gains against harvested losses set off and carried forward under the Income Tax rules, do as much rebalancing as you can with new contributions instead of selling, and respect the equity-versus-debt asymmetry since post-2023 debt is taxed at slab. If you are a US person, do not rebalance inside Indian mutual funds at all, because they are PFICs.
This guide is for the NRI who already holds an India portfolio across equity funds, debt funds, maybe some direct shares and a slug of fixed deposits, and who knows they are "supposed to rebalance" but has never costed what that actually does to their tax. I will walk through why rebalancing is a taxable event for you in a way it largely is not for a resident, how to use the Rs 1.25 lakh long-term capital gains exemption as a deliberate annual tool rather than an accident, how to harvest losses within Indian rules, when to rebalance with new money instead of selling, the equity-versus-debt tax asymmetry that has existed since April 2023, the home-country overlay that makes this completely different for a US person versus a UAE one, currency rebalancing, and a disciplined annual process. There is a full worked example near the end showing the tax drag of a naive rebalance against a tax-aware one on the same portfolio.
Why rebalancing is a taxable event for you and barely one for a resident
Rebalancing means selling what has grown beyond its target weight and buying what has fallen below it, so the portfolio returns to the risk profile you chose. For a resident Indian investor this is mostly a free administrative act. Yes, they realise capital gains when they sell, and yes those gains are taxable when they file, but no tax is withheld on a mutual fund redemption, the cash lands in full, and a resident with modest other income can often absorb gains inside the basic exemption and the Rs 1.25 lakh LTCG allowance with nothing actually payable.
For you, three things change the maths.
The tax is deducted at source. When an NRI redeems mutual fund units, the Asset Management Company is required to withhold TDS on the gain before paying you. On equity funds, that is 20% on short-term gains under Section 111A and 12.5% on long-term gains under Section 112A, deducted on the gain (the AMC computes it from your folio). On debt funds and other specified mutual funds, TDS comes under Section 195 at the rates applicable to your gain, which since April 2023 means slab-rate treatment. A resident faces none of this withholding on redemptions. The headline tax rate is the same for both of you, but the resident keeps the cash and settles at filing, while your money is locked up with the tax authority until you file a return and claim any excess back as a refund, which for an NRI can take many months. Every rebalancing sell trade you place therefore has a cash-flow cost on top of the tax cost.
You have no basic exemption against this income. A resident gets the basic exemption slab before any tax bites. As a non-resident, you do not get to set the basic exemption against your Indian capital gains. This barely matters for equity LTCG, which has its own Rs 1.25 lakh allowance, but it bites hard on debt-fund gains taxed at slab, because those are taxed from the first rupee. I have a separate guide on exactly this trap, why an NRI gets no basic exemption against capital gains, and it is the single most under-appreciated cost of rebalancing for the reader who holds a lot of debt.
Your trades may interact with a second tax system. A resident answers to one tax authority. You answer to two: India and your country of residence. A rebalance that is tax-efficient in India can be tax-stupid in the US, the UK, Canada or Australia, because the home country taxes the same gain on its own rules and timing. I deal with this in the home-country overlay section, because for a US person it changes the entire approach.
The practical upshot: a resident can rebalance casually, whenever a band is breached, and barely think about tax. You cannot. Every sell trade is a taxable, withheld, two-country event, so you rebalance deliberately, on a schedule, with the tax consequences priced in before you place a single order.
Use the Rs 1.25 lakh LTCG exemption on purpose, every single year
This is the most valuable habit in the entire guide, and most NRIs let it lapse without noticing.
Since 23 July 2024, long-term capital gains on listed equity shares and equity-oriented mutual funds are taxed under Section 112A at 12.5%, but the first Rs 1.25 lakh of such gains in a financial year is exempt. The allowance applies across all your equity LTCG combined, it resets on 1 April every year, and it does not roll forward. If you do not use it in a year, it is gone.
Read that as a use-it-or-lose-it allowance, because that is what it is. Here is how you weaponise it as part of rebalancing.
Suppose you are slightly overweight equity and need to trim. Instead of selling exactly what the rebalance requires and stopping, sell enough long-held units to realise close to Rs 1.25 lakh of long-term gain, take that gain tax-free, and then decide what to do with the proceeds based on your allocation. If the rebalance needs you to reduce equity, you keep the cash or move it to debt. If your allocation is actually fine and you only wanted to bank the exemption, you can buy a similar fund straight back. That repurchase resets your cost base higher by the amount of gain you just realised tax-free, so the next Rs 1.25 lakh of future growth on those units is sheltered behind a higher purchase price. You have, in effect, laundered Rs 1.25 lakh of embedded gain out of the portfolio at zero tax.
India does not have a formal "wash sale" rule that disallows buying the same security straight back after realising a gain, so this gain-harvesting works cleanly. (Be more careful with loss harvesting, covered next, where you do want to avoid the appearance of an artificial transaction.)
Two refinements make this materially better.
First, straddle the financial year. The exemption is per financial year. If you have a large embedded gain you want to release, realise Rs 1.25 lakh of it in March and another Rs 1.25 lakh in April, and you have sheltered Rs 2,50,000 of gain across two allowances instead of one, for the cost of waiting a few weeks. For a couple, if both spouses are NRIs with their own folios, each has a separate Rs 1.25 lakh allowance, so a household can shelter Rs 2.5 lakh in a single year and Rs 5 lakh across a year-end straddle.
Second, settle before 31 March. Equity redemptions in India settle on a rolling basis and take a few working days to reflect. A trade you place on 30 or 31 March may settle in the next financial year, which defeats the point. Place gain-harvesting trades by mid-March at the latest. I cover the wider year-end discipline in the annual portfolio review checklist.
The number to internalise: at 12.5%, a fully used Rs 1.25 lakh exemption is worth Rs 15,625 of tax saved per person per year. Over a fifteen-year NRI stint, deliberately harvesting it every year is worth well over Rs 2 lakh in tax, before you even count the compounding on the tax you did not pay early.
Tax-loss harvesting within Indian rules
Loss harvesting is the mirror image: you deliberately sell something sitting at a loss to book that loss, then use it to cancel out gains you are realising in the same rebalance. Done well, it lets you rebalance a chunk of the portfolio with no net taxable gain at all.
The Indian rules on which losses can offset which gains are specific, and getting them right is the whole game. The mechanics live in detail in my guide on the set-off and carry-forward of capital losses for NRIs, but the parts that matter for rebalancing are these.
Long-term capital losses can be set off only against long-term capital gains. A long-term loss cannot touch a short-term gain. So if you are harvesting a long-held loser, it offsets your long-held winners.
Short-term capital losses can be set off against either short-term or long-term capital gains. This makes short-term losses the more flexible tool, because they can mop up the higher-taxed short-term gains (20% on equity) or the long-term ones.
Unused capital losses carry forward for eight assessment years, provided you file your return by the due date. A loss you cannot use this year is not wasted, it waits. But it only carries forward if you actually file on time, which is one more reason an NRI must file even in a refund or nil-tax year.
How this plugs into a rebalance: say your rebalance requires you to realise Rs 3 lakh of gains by trimming equity. If you also hold a debt fund or a stock sitting at a Rs 1.5 lakh unrealised loss that you were going to exit anyway as part of the rebalance, sell it in the same financial year. The Rs 1.5 lakh loss offsets Rs 1.5 lakh of your gain, you apply the Rs 1.25 lakh LTCG exemption to the long-term portion of what remains, and your taxable gain shrinks to something close to zero. You have rebalanced Rs 3 lakh of portfolio with almost no tax leakage.
A word of caution on harvesting losses specifically. Unlike gain harvesting, where buying back is clean, repurchasing the identical security immediately after booking a loss can attract scrutiny as an artificial transaction designed only to manufacture a loss. The safe practice is to buy a different but similar fund (a different fund house's index fund tracking the same benchmark, for instance), so your market exposure is unchanged but you are not selling and rebuying the exact same units on the same day. This keeps the loss clean while preserving your allocation.
Rebalance with new money before you rebalance by selling
The single most effective way to cut the tax cost of rebalancing is to do as little selling as possible. And the best tool for that is the cash you are still contributing.
Most NRIs are in the accumulation phase: you are earning abroad and remitting money to India every month or quarter to build a corpus. Every one of those contributions is a chance to nudge the portfolio back toward target without selling anything and therefore without triggering a single rupee of capital gain.
The mechanism is simple. When your equity has drifted overweight, you do not need to sell equity to fix it. You can direct your next several contributions entirely into the underweight asset class, debt or whatever has lagged, until the weights come back to plan. The drift corrects through what you buy, not what you sell. No redemption, no TDS, no gain, no two-country complication.
This is so much cheaper than selling that it should always be your first move. The order of preference for restoring allocation is:
- Direct new contributions into the underweight asset class. Zero tax.
- Redirect distributions (dividends, interest, IDCW payouts) into the underweight asset class instead of reinvesting in place. Still no sale.
- Harvest within the exemption and losses, as above, so the unavoidable selling is sheltered.
- Sell and pay tax only on the residual that the first three cannot cover.
For an NRI in steady accumulation, new-money rebalancing alone often keeps the portfolio inside its tolerance bands for years without any selling, especially if your contributions are large relative to the portfolio in the early years. The reader in New Jersey who paid Rs 1,87,000 could have corrected most of his drift over the following two or three quarters simply by sending his new money to debt instead of equity, and paid nothing. Selling was the expensive shortcut.
The flip side: once you are in the decumulation phase and drawing money out via a systematic withdrawal plan rather than adding it, this lever weakens, because your withdrawals are themselves sells. At that point the harvesting discipline becomes more important, and you want your withdrawals to come from the overweight asset class so the act of drawing income also rebalances. I cover that interplay in the systematic withdrawal plan guide.
The equity-versus-debt tax asymmetry since April 2023
You cannot rebalance intelligently without understanding that the two main building blocks of your portfolio are now taxed on completely different rules, and that the asymmetry pushes you to do your selling on the equity side and your holding on the debt side.
Equity (listed shares and equity-oriented funds, meaning funds with more than 65% in domestic equity) gets the favourable regime: 12.5% LTCG under Section 112A above the Rs 1.25 lakh allowance after a 12-month holding, and 20% STCG under Section 111A inside 12 months. There is a real long-term incentive and an annual exemption.
Debt mutual funds and other specified mutual funds bought on or after 1 April 2023 lost all of that. Under Section 50AA, gains on these units are deemed short-term regardless of how long you hold them, with no indexation and no preferential long-term rate, taxed at your slab rate. There is no 12-month threshold to clear, no Rs 1.25 lakh exemption to use, and for an NRI no basic exemption to shelter the first slice. A debt fund held for ten years is taxed exactly as harshly as one held for ten months.
(Units of debt funds bought before 1 April 2023 retain the older long-term treatment if held long enough, so check your purchase dates. And note the definition tightened from the 2025-26 year so that only genuinely debt-oriented schemes fall under Section 50AA, with hybrid funds treated on their equity content.)
This asymmetry has three consequences for how you rebalance.
Realising equity gains is cheaper than realising debt gains, rupee for rupee, because equity has the 12.5% rate and the Rs 1.25 lakh shelter while debt is taxed at slab from the first rupee. So when you must sell to rebalance, prefer to take the gain on the equity side where you have tools to soften it.
There is no tax reward for holding debt funds long, so the old logic of "let it ride for the indexation benefit" is dead for post-2023 debt. This changes the comparison between a debt fund and a plain bank fixed deposit, which I work through in debt funds versus bank FDs after 2023. For many NRIs the FD, or a target-maturity or arbitrage structure, is now the better debt holding precisely because the fund's tax edge is gone.
Switching between schemes is itself a taxable sale. A "switch" or an STP from one fund to another is a redemption of the first fund and a fresh purchase of the second, so it triggers gains and TDS exactly as a sale would, even though no money reached your bank account. NRIs are caught by this constantly. The detail is in the mutual fund switch and STP taxable-event guide. For rebalancing, treat every switch as a sell, because the tax authority does.
The home-country overlay: a US person rebalances India exposure completely differently
Everything above assumes the India side is the binding constraint. For NRIs in the UAE, that is broadly true, because the UAE does not tax personal capital gains, so the India treatment is the whole story and the India-UAE DTAA can even exempt some Indian gains. For a UK, Canadian or Australian resident there is a second layer, but it is usually a foreign-tax-credit reconciliation rather than a structural problem.
For a US person, the second layer dominates everything, and it changes the asset you should even be holding.
Under US law, an Indian mutual fund, ETF or ULIP is a Passive Foreign Investment Company (PFIC). The PFIC regime is punitive by design. Under the default Section 1291 excess-distribution method, gains and certain distributions are taxed at the highest ordinary income rate for each year of the holding period, with an interest charge layered on top, and you must file Form 8621 for each fund every year. The preferential US long-term capital gains rate is lost. The alternative elections (QEF or mark-to-market) soften the rate but add their own annual accounting, and a QEF election needs the Indian fund to issue a PFIC Annual Information Statement, which most do not.
Now think about what rebalancing inside Indian mutual funds does to a US person. Every trim and top-up is another PFIC disposition or purchase, another year of Form 8621 per fund, more excess-distribution arithmetic. The India-side Rs 1.25 lakh LTCG exemption gives you nothing in the US, because the US taxes the gain on its own rules and rate. You can run a beautifully tax-efficient India rebalance and still get hammered at home. The two systems are not symmetrical, and you must respect the harsher one.
So a US-resident NRI should generally not hold their India equity exposure through Indian mutual funds at all. The cleaner structures are:
- Direct Indian listed shares, which are not PFICs (a PFIC is a pooled vehicle, not an individual operating company's stock). Gains are normal US capital gains, and you rebalance them in a US-taxable account on ordinary rules.
- US-listed India ETFs, which are US-domiciled funds, not PFICs, so they get normal US fund treatment. You get India equity exposure and you rebalance in dollars at home with no PFIC accounting and no Indian TDS.
- The GIFT City / IFSC route, which some US and Canadian NRIs use to access India exposure through structures designed with the home-country overlay in mind. I cover the trade-offs in the GIFT City US and Canada NRI route guide.
The blunt version: if you are a US person, rebalance your India exposure where it lives in the US tax net (US-listed ETFs or direct shares in a US account), not by churning Indian mutual funds that bury you in PFIC paperwork. The full mechanics are in PFIC-safe ways for a US NRI to invest in India and the underlying PFIC trap explainer. Canadians have a milder but real version of the same problem through the offshore investment fund property rules, so a Canadian NRI should read the Canadian OIFP guide before assuming Indian funds are fine.
Currency rebalancing: the layer most NRIs forget
There is a third dimension to your allocation that residents never think about, because their entire world is in rupees: the currency your wealth is denominated in.
If you target, say, 50% of your net worth in your home-country currency and 50% in rupees, the rupee's drift against that currency moves your real allocation even when you do not trade. The rupee has structurally depreciated against the dollar, pound and dirham-linked currencies over decades, so a rupee-heavy NRI portfolio quietly loses home-currency value over time even when it rises in rupee terms. I unpack the maths of this in real returns after rupee depreciation.
Currency rebalancing for an NRI mostly happens through two levers, and only one of them is a taxable event in India.
The first is where you direct new money. If your rupee exposure has grown too large relative to your plan, you stop remitting fresh money to India and accumulate in your home currency abroad instead. This is the same new-money lever as asset rebalancing, and it is tax-free in India because you are simply not bringing money in.
The second is repatriation, moving accumulated rupee proceeds back out to your home currency. Repatriation from your NRO account is capped at USD 1 million per financial year and needs Form 15CA and a chartered accountant's Form 15CB. Repatriation itself is not a tax event (the tax was on the gain when you sold the underlying), but you can only repatriate money you have first realised, so a currency rebalance that needs you to move rupees out will usually have ridden on the back of an asset sale that did trigger gains and TDS. The full process and the cap are in repatriating investment proceeds and the NRO repatriation cap guide.
The honest framing on currency: do not try to time it. Treat currency like any other allocation band, set a target rupee-versus-home-currency split, let new contributions and your annual repatriation do the slow correcting, and only force a larger move when you breach your band badly. Trying to trade the rupee on top of trading your asset mix is two bets where one will do.
A disciplined annual rebalancing process for an NRI
Here is the actual sequence I run, in order, once a year, in February so there is runway before 31 March.
Step 1. Confirm your own residency for the year. Your status (non-resident, RNOR, or resident) decides which rules and rates apply, so settle it first. The day-count mechanics are in the residency and RNOR rules guide.
Step 2. Measure the drift. Compare each asset class against its target weight. Only act where the drift exceeds your tolerance band; a 5 percentage point band is the common standard and cuts needless trading. If nothing has breached, you may not need to sell at all this year. Your target weights themselves should come from a deliberate plan, not a feeling, which is what the asset allocation guide is for.
Step 3. Plan the correction with new money first. Work out how much of the drift you can fix over the coming quarters by redirecting contributions and distributions to the underweight class. Subtract that from what you need to do by selling. For many NRIs this step alone closes the gap.
Step 4. Identify harvestable losses. List every holding sitting at an unrealised loss that you are willing to exit. These are your offsets. Match long-term losses to long-term gains and use the flexible short-term losses against whatever is taxed highest.
Step 5. Size the equity gain harvest to the Rs 1.25 lakh exemption. Plan to realise long-term equity gains up to Rs 1.25 lakh tax-free, whether or not the rebalance strictly needs it, because the allowance is use-it-or-lose-it. Consider straddling the 31 March year-end to use two years' allowances.
Step 6. Execute the residual sells, equity-side by preference. Whatever selling is left after new money, losses and the exemption, do it where the tax is cheapest, which is usually the equity side at 12.5% rather than debt at slab. Place trades by mid-March so they settle in the right financial year.
Step 7. Apply the home-country overlay before you press the button. If you are a US person, none of the Indian-fund trades above should be happening inside Indian mutual funds at all; rebalance your India exposure in your US account instead. If you are in the UK, Canada or Australia, check how the home country will tax the gains you are about to realise and the timing, so you are not creating a foreign-tax-credit mismatch. The timing problem is real and I cover it in the foreign tax credit timing mismatch guide.
Step 8. Reconcile and file. After 31 March, check the TDS deducted on your redemptions against your AIS and Form 26AS, and file your return on time so any losses carry forward and any over-withheld TDS comes back as a refund.
Run in this order, the tax-aware version of the same rebalance can cost a fraction of the naive version, as the worked example shows.
Worked example: naive versus tax-aware rebalancing on the same portfolio
Take an NRI in Dubai with a Rs 1 crore India portfolio. Target allocation is 60% equity and 40% debt. After two strong equity years it has drifted to 72% equity (Rs 72 lakh) and 28% debt (Rs 28 lakh). To get back to 60/40 he needs to move roughly Rs 12 lakh from equity to debt. He is in the accumulation phase and still remits about Rs 2 lakh a quarter to India.
Inside the equity holding, of the Rs 72 lakh, suppose Rs 50 lakh is long-held units carrying a large embedded long-term gain, and Rs 22 lakh is recently bought units bought within the last 12 months carrying a short-term gain. He also holds, inside the debt sleeve, an old fund position sitting at a Rs 1.5 lakh unrealised loss that he has been meaning to exit.
The naive rebalance
He sells Rs 12 lakh of equity to fund the move. Being impatient, he sells the most recently bought units, which are short-term, and suppose the gain embedded in that Rs 12 lakh slice is Rs 4,00,000.
- Short-term equity gain realised: Rs 4,00,000
- STCG tax under Section 111A at 20%: Rs 80,000, deducted at source as TDS before the money reaches him.
- He ignores the Rs 1.25 lakh LTCG exemption entirely, because he sold short-term units, so the exemption (which only applies to long-term gains) does nothing for him.
- He does not bother selling the loss-making debt fund this year.
He then buys Rs 11.2 lakh of debt funds (post-2023, so slab-taxed when he eventually sells). Tax cost of the rebalance: Rs 80,000, plus a chunk of cash locked up until he files and claims any refund.
The tax-aware rebalance
Same starting point, same Rs 12 lakh target move. He runs the eight-step process.
- New money: He redirects his next two quarterly contributions, Rs 4,00,000 total, entirely into debt instead of equity. That closes Rs 4 lakh of the Rs 12 lakh gap with zero tax and no sale.
- Remaining gap to close by selling: Rs 12 lakh minus Rs 4 lakh = Rs 8 lakh of equity to sell.
- Harvest the loss: He sells the debt fund sitting at the Rs 1.5 lakh loss as part of the rebalance (he wanted out of it anyway). This books a Rs 1,50,000 capital loss available to set off against gains.
- Sell long-term, not short-term: For the Rs 8 lakh of equity he must sell, he chooses long-held units. Suppose the long-term gain embedded in that Rs 8 lakh slice is Rs 2,75,000.
- Apply the offsets: The Rs 1,50,000 harvested loss is set off against the Rs 2,75,000 long-term gain, leaving Rs 1,25,000 of taxable long-term gain.
- Apply the Rs 1.25 lakh LTCG exemption: The Rs 1,25,000 remaining long-term gain is fully covered by the Rs 1,25,000 Section 112A exemption.
- Net taxable gain: Rs 0. TDS deducted: effectively nil on the gain (he files to reconcile any procedural withholding and claim it back).
Tax cost of the rebalance: Rs 0, against Rs 80,000 for the naive version, on the identical portfolio and the identical 60/40 destination.
The difference, Rs 80,000 saved on a single year's rebalance, came from four decisions that cost nothing but discipline: using new money for the first third, harvesting a loss he was going to take anyway, selling long-term units instead of short-term, and deliberately spending the Rs 1.25 lakh exemption. Repeat that discipline annually over a decade and the saved tax, plus the compounding on money that stayed invested instead of sitting as withheld TDS, runs well into the lakhs.
(If this NRI had been a US person, the right move would not have been any of the above. He would not have been holding Indian mutual funds in the first place, and his rebalance would have happened inside US-listed India ETFs in a US account, where the Rs 1.25 lakh exemption is irrelevant and the only tax that matters is the US one.)
Edge cases
You hold pre-April-2023 debt units. Debt fund units bought before 1 April 2023 keep the older long-term capital gains treatment if held long enough. When rebalancing out of debt, sell the post-2023 slab-taxed units that have little or no embedded gain first, and be deliberate about realising gains on the older grandfathered units, because their treatment is more favourable.
Your gains are large enough that TDS is over-withheld. If a single redemption produces a large gain and the AMC withholds at the full rate while your actual liability after losses and the exemption is much lower, you can apply for a lower or nil TDS certificate under Section 197 (Form 13) before the sale, so the cash is not locked up for a year waiting on a refund. The process is in the lower-TDS certificate guide. For a large planned rebalance this is worth the effort.
You are RNOR, not a full non-resident. In the Resident but Not Ordinarily Resident window, your Indian-source gains are taxable in India but the rate and exemption rules differ in places from a full non-resident, and your foreign income largely stays out of the Indian net. If you are in or near the RNOR window, especially in the year you return to India for good, the rebalancing calculus changes, and the RNOR window and foreign investments guide covers the reset that happens to your cost bases.
You rebalance using a switch or STP. As noted, a fund switch is a redemption plus a purchase, fully taxable, with TDS, even though no cash hit your bank. Never treat a switch as a free move. If you are using an STP to phase money from a debt fund into equity, every weekly or monthly transfer is a small taxable sale of the debt fund.
You hold direct shares with a portfolio investment scheme account. Rebalancing direct equity held under the PIS route works on the same Section 111A and 112A rules as funds, but the bank operating your PIS deducts the TDS, and the reporting differs. The tax logic in this guide applies unchanged; only the operational plumbing changes.
Both spouses are NRIs. Each has a separate Rs 1.25 lakh LTCG exemption and a separate loss pool. A household that coordinates can shelter Rs 2.5 lakh of equity gain a year, or Rs 5 lakh across a year-end straddle. Do not let one spouse's exemption lapse while the other realises taxable gains.
The closing read
Rebalancing is not optional. A portfolio that drifts is a portfolio taking risk you did not choose, and the discipline of pulling it back to target is one of the few things in investing that is both free in theory and proven to help. The catch, for an NRI specifically, is that it is not free in practice, because every sell trade is taxed, withheld at source, and answerable to a second tax system at home.
So the honest answer is this. Do not stop rebalancing. Change how you rebalance. Lead with new money, because contributions correct drift at zero tax. Harvest the Rs 1.25 lakh long-term capital gains exemption every single year on purpose, because it is worth Rs 15,625 a head and it vanishes if unused. Pair gains with losses you were going to take anyway. Sell on the equity side, where the rate is 12.5% and you have shelter, before you sell debt that is taxed at slab from the first rupee. And if you are a US person, do not rebalance inside Indian mutual funds at all, because the PFIC regime makes them the wrong thing to hold in the first place. The reader who paid Rs 1,87,000 for a rebalance and the one who paid nothing did the same trade to the same destination. The only difference was the order they did it in and whether they thought about tax before they pressed the button. Be the second one.
Related guides
- The NRI annual portfolio review checklist
- NRI portfolio asset allocation
- Tax-efficient investing for NRIs
- Why an NRI gets no basic exemption against capital gains
- Capital gains tax on NRI shares and mutual funds
- Set-off and carry-forward of capital losses for NRIs
- Debt funds versus bank FDs after 2023
- NRI mutual fund switch and STP as a taxable event
- The systematic withdrawal plan for NRIs
- PFIC-safe ways for a US NRI to invest in India
- The US NRI Indian mutual funds PFIC trap
- The GIFT City IFSC route for US and Canada NRIs
- Real returns after rupee depreciation
- The lower-TDS certificate (Form 13)
- Repatriating investment proceeds
Disclaimer: This guide is general information, not personalised tax or investment advice. Capital gains rates, the Section 112A exemption, TDS rules and the Section 50AA debt-fund treatment are stated as they apply under Indian law for the financial year described and can change with each Budget. Your home country taxes the same gains on its own rules, and the US PFIC regime in particular can produce outcomes very different from the India-side analysis here. Confirm your residency status, your specific cost bases and your two-country position with a qualified chartered accountant and a home-country tax adviser before acting on any rebalancing decision.
Frequently asked questions
Why does rebalancing cost an NRI more tax than a resident investor?
Two reasons. First, every equity sell trade an NRI places triggers capital gains tax that the fund house or broker deducts at source as TDS, before the money reaches you: 20% on short-term equity gains under Section 111A, 12.5% on long-term equity gains above Rs 1.25 lakh under Section 112A, and slab-rate TDS under Section 195 on debt funds bought on or after 1 April 2023. A resident pays the same headline rates but faces no withholding on mutual fund redemptions, so their cash is not locked up waiting for a refund. Second, an NRI has no basic exemption to shelter the first slice of income, so debt-fund gains taxed at slab are taxed from the first rupee. The fix is to rebalance deliberately: harvest the Rs 1.25 lakh exemption, offset gains with losses, and use new contributions to do as much of the work as possible.
How should an NRI use the Rs 1.25 lakh annual LTCG exemption when rebalancing?
Treat it as a use-it-or-lose-it allowance that resets every financial year on 1 April. Long-term equity gains up to Rs 1.25 lakh in a year are exempt under Section 112A; gains above that are taxed at 12.5%. If your rebalancing needs you to trim equity, sell enough long-held units each year to realise close to Rs 1.25 lakh of gain tax-free, even if you immediately buy a similar fund back to keep your allocation, because that resets your cost base higher and banks the exemption. Do this before 31 March, and allow several working days for the redemption to settle in the right financial year. Spreading a large trim across two financial years can shelter Rs 2.5 lakh of gain instead of Rs 1.25 lakh.
Should a US-based NRI rebalance Indian mutual funds the same way?
No. For a US person, Indian mutual funds, ETFs and ULIPs are Passive Foreign Investment Companies, taxed under the punitive PFIC regime on Form 8621 with ordinary rates and an interest charge under the default Section 1291 method. Rebalancing inside Indian funds means more PFIC accounting, not less, and the India-side LTCG exemption gives you nothing in the US. A US-resident NRI should hold their India equity exposure through US-listed India ETFs or direct Indian shares (which are not PFICs), and rebalance those in the US-taxable account where the rules are normal. The India versus US tax treatment of the same fund is not symmetrical, and rebalancing has to respect the harsher of the two.
Rakesh Sinha, NRI Finance Writer
Rakesh Sinha is a technology professional and an NRI since 2016. He holds a master’s from Carnegie Mellon University and a BTech in Computer Science from IIT Guwahati, and has worked at Microsoft, Cisco, InMobi and Google across Bengaluru, the United States and London. He has personally navigated the decisions these guides cover: moving foreign salary and tech-company RSUs across borders, opening NRE, NRO and FCNR accounts, filing Indian returns as a non-resident, and claiming DTAA relief between the US, UK and India. How these guides are written and reviewed.
Disclaimer: This guide is educational and general in nature. It is not individual financial, tax, or legal advice. Tax and FEMA rules change and your situation may differ, so confirm specifics with a qualified chartered accountant or financial adviser before acting. See our editorial standards for how these guides are researched, reviewed and updated.