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Direct Tax Code / Income Tax

Foreign Exchange Rate for Non-Resident Capital Gains — Telegraphic Transfer Rates Explained

A comprehensive guide to foreign exchange rates for non-resident capital gains computation under the Direct Tax Code, explaining telegraphic transfer rates and conversion methodology.

25 Jul 20264 min read

Non-residents investing in Indian securities face the complexity of foreign exchange fluctuations impacting their capital gains. Section 72(6) of the Income Tax Act, 2025 provides a special computation mechanism for non-residents, and Rule 52 of the Income Tax Rules, 2026 specifies the applicable foreign exchange rates【52†L0】. Understanding these provisions is essential for non-resident taxpayers.

The Statutory Framework

Section 72(6)

Section 72(6) provides that in the case of an assessee who is a non-resident, capital gains arising from the transfer of a capital asset being shares in, or debentures of, an Indian company (other than equity shares referred to in Section 198) shall be computed【72†L6】:

  • By converting the cost of acquisition, expenditure incurred, and the full value of consideration into the same foreign currency as was initially utilised in the purchase
  • The capital gains so computed in such foreign currency shall be reconverted into Indian currency

Rule 52

Rule 52 specifies the rate of exchange for conversion of rupees into foreign currency and reconversion of foreign currency into rupees for the purpose of computing capital gains under Section 72【52†L0】.

The Rate of Exchange

Telegraphic Transfer Rates

The conversion shall be at the telegraphic transfer buying rate and telegraphic transfer selling rate【52†L0】.

Telegraphic Transfer Buying Rate: The rate or rates of exchange adopted by the State Bank of India for buying such currency, where such currency is made available to that bank through a telegraphic transfer【207†L0】.

Telegraphic Transfer Selling Rate: The rate of exchange adopted by the State Bank of India for selling such currency where such currency is made available by that bank through telegraphic transfer【52†L0】.

Application of Rates

CircumstanceRate of Exchange
Converting cost of acquisitionAverage of TT buying rate and TT selling rate as on the date of acquisition【52†L0】
Converting expenditure on transferAverage of TT buying rate and TT selling rate as on the date of transfer【52†L0】
Converting full value of considerationAverage of TT buying rate and TT selling rate as on the date of transfer【52†L0】
Converting capital gains into rupeesTT buying rate as on the date of transfer【52†L0】

The Computation Methodology

Step 1: Convert Cost of Acquisition

Cost of acquisition in foreign currency = Cost in rupees ÷ Average of TT buying rate and TT selling rate as on the date of acquisition

Step 2: Convert Expenditure

Expenditure in foreign currency = Expenditure in rupees ÷ Average of TT buying rate and TT selling rate as on the date of transfer

Step 3: Convert Full Value of Consideration

Consideration in foreign currency = Consideration in rupees ÷ Average of TT buying rate and TT selling rate as on the date of transfer

Step 4: Compute Capital Gains in Foreign Currency

Capital Gains (Foreign Currency) = Consideration (Foreign Currency) − Cost of Acquisition (Foreign Currency) − Expenditure (Foreign Currency)

Step 5: Convert Capital Gains to Rupees

Capital Gains (Rupees) = Capital Gains (Foreign Currency) × TT buying rate as on the date of transfer

Practical Example

Scenario

A non-resident acquired shares of an Indian company for ₹10,00,000 on 1 April 2020 when the exchange rate was ₹75 per USD. The shares were sold for ₹15,00,000 on 1 April 2026 when the exchange rate was ₹85 per USD. Expenditure on transfer was ₹50,000.

Step 1: Cost of Acquisition in USD

Average rate on date of acquisition = (75 + 75)/2 = 75 Cost in USD = 10,00,000 ÷ 75 = 13,333.33 USD

Step 2: Expenditure in USD

Average rate on date of transfer = (85 + 85)/2 = 85 Expenditure in USD = 50,000 ÷ 85 = 588.24 USD

Step 3: Consideration in USD

Consideration in USD = 15,00,000 ÷ 85 = 17,647.06 USD

Step 4: Capital Gains in USD

Capital Gains = 17,647.06 − 13,333.33 − 588.24 = 3,725.49 USD

Step 5: Capital Gains in Rupees

Capital Gains = 3,725.49 × 85 = 3,16,666.65 INR

Applicability

Securities Covered

The foreign exchange rate provisions apply to:

  • Shares in an Indian company (other than equity shares referred to in Section 198)
  • Debentures of an Indian company

Taxpayers Covered

The provisions apply to:

  • Non-resident individuals
  • Non-resident companies
  • Any other non-resident taxpayer

Expert Legal Guidance

Understanding the foreign exchange rate provisions for non-resident capital gains is essential for non-resident taxpayers. Anuj Desai & Associates provides expert advisory services on Direct Tax Code compliance, helping non-residents compute capital gains correctly and ensure compliance with foreign exchange rate provisions.


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