NRI Selling Indian Shares: ITR, TDS Credit and Capital-Gain Reconciliation
Scope: FY 2025–26 (1 April 2025 to 31 March 2026), filed for AY 2026–27
Finin2min Summary
- Likely return: ITR-2
- Normal filing date: 31 July 2026
- Starting income head: Indian capital gains of a non-resident with withholding and treaty issues
- Core control: classify the transaction, reconcile gross figures, preserve evidence and only then choose the ITR.
- Transition point: FY 2025–26 income is filed for AY 2026–27 under the Income-tax Act, 1961 despite filing after 1 April 2026.
The Answer in One Table
| Question | Finin2min answer |
|---|---|
| Income period | FY 2025–26 (1 April 2025 to 31 March 2026) |
| Assessment year | AY 2026–27 |
| Likely head | Indian capital gains of a non-resident with withholding and treaty issues |
| Likely ITR | ITR-2 |
| Alternative | Complete facts may change the form |
| Normal deadline | 31 July 2026 |
| Audit point | No audit issue in an investment case. |
The Two-Minute Answer
Determine residential status first, report gross foreign income before withholding, convert under the applicable rule and complete foreign asset, FSI, TR and Form 67 schedules where required.
This page targets the frequent search intent—which return, which deadline, which schedules and which documents? It does not treat a broker, bank, app or platform label as the legal answer.
Step 1 — Classify the Income
The return form follows the legal head and taxpayer profile. The starting classification is Indian capital gains of a non-resident with withholding and treaty issues and the likely form is ITR-2. The final form applies to the taxpayer as a whole: salary, rent, gains, business and other income are combined in one correct return rather than split into separate returns.
Classification should be documented before tax is calculated. Review ownership, intention, contracts, frequency, funding, books, services, foreign status and consistency with earlier years. The same product may be an investment for one person and stock-in-trade for another.
Step 2 — Compute the Taxable Amount
Determine residential status first, report gross foreign income before withholding, convert under the applicable rule and complete foreign asset, FSI, TR and Form 67 schedules where required.
Use transaction-level data wherever lots, dates, fees, refunds, foreign currency or TDS matter. Reconcile gross receipt or sale consideration to platform settlement, bank movement, AIS, Form 26AS and GST. TDS is a credit, not an expense or proof that income was correctly computed.
Rate and holding-period note: TDS may not equal final capital-gain liability.
Step 3 — Apply the Filing Calendar
The normal filing timing is 31 July 2026. For AY 2026–27, ITR-1 and ITR-2 individual cases remain on the 31 July track; non-audit business or professional cases move to 31 August; ordinary audit cases remain 31 October and transfer-pricing cases 30 November. A belated return is generally available to 31 December 2026, subject to earlier assessment completion, but it does not preserve every loss or procedural right.
Income earned during FY 2025–26 remains governed by the Income-tax Act, 1961. The official transition FAQ confirms that the old forms and proceedings continue for AY 2026–27.
Step 4 — Build the Evidence File
- passport and residency working
- foreign statements
- tax certificate
- exchange-rate computation
- Form 67 and bank trail
The file should allow another reviewer to reproduce the number from source statement to ITR schedule. Record the download date because platform reports can later change layout or aggregation.
Worked Indian Example
A resident receives $1,000 foreign income after $150 withholding. The return begins with gross income, converts it under the applicable rule, completes foreign schedules and claims only eligible credit with Form 67 evidence.
What Viral Posts Usually Miss
- The due date follows the return category and audit status, not the product’s marketing name.
- TDS is a tax credit, not the final computation.
- Net bank settlement is often not gross income, turnover or sale consideration.
- A belated return does not preserve every loss, option or procedural right.
- The same product can require ITR-2 for an investor and ITR-3 for a business.
Common Mistakes
- using net foreign receipt
- omitting Schedule FA
- claiming foreign tax without source-wise evidence
Finin2min Decision Checklist
- Confirm that FY 2025–26 / AY 2026–27 is the correct filing scope.
- Identify the legal income head before selecting the ITR.
- Reconcile gross figures to bank, AIS, Form 26AS and source statements.
- Compute cost, expenses and tax credits separately.
- Run audit only where business or professional income exists.
- File loss returns by the original due date where carry-forward is required.
- Reopen every official source immediately before filing.
Finin2min Q&A
Which ITR should I use for NRI Selling Indian Shares?
The starting answer is ITR-2. The taxpayer’s complete income and exclusions can still change the final form.
What is the AY 2026–27 filing deadline?
The normal deadline is 31 July 2026. Audit, transfer-pricing, belated or correction facts can change the calendar.
Which income head applies?
The starting classification is Indian capital gains of a non-resident with withholding and treaty issues. Contracts, ownership, records, intention and consistency can alter the result.
Does a small amount still need reporting?
A small amount does not create a general exemption and can make a simplified return ineligible.
Which documents should I preserve?
Preserve passport and residency working, foreign statements, tax certificate, exchange-rate computation, Form 67 and bank trail. Keep downloaded source files, not only screenshots.
What is the main filing risk?
Key risks are using net foreign receipt; omitting Schedule FA; claiming foreign tax without source-wise evidence. Classify first, reconcile gross figures and then select the form.
Related Finin2min Reading
- US Shares Sold by an Indian Resident: ITR-2, Schedule FA and Foreign Tax
- Foreign Dividends: Which ITR, Exchange Rate and Tax-Credit Schedule?
- Foreign Bank Interest: ITR-2, Schedule FA and Dormant-Account Risk
- Foreign Pension Received in India: Which ITR and Is Treaty Relief Available?
- Returning to India as RNOR: Which Foreign Income Goes Into the ITR?
Primary Sources
- Income Tax Department — business/profession returns for AY 2026–27
- Income Tax Department — salaried returns for AY 2026–27
- Income Tax Department — transition and filing FAQs
- Finance Bill 2026 memorandum — due-date framework
- Income-tax Act, 1961
- Reserve Bank of India — FEMA resources
Editorial and Risk Note
This guide is educational and scenario-based. The final return depends on complete facts, residential status, audit position, other income, losses, foreign assets and the law on the filing date. Dynamic deadlines and portal procedures must be rechecked immediately before submission.