Is this the end of the Gulf’s Indian cash dash?


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Indian investors have always had a long-standing love affair with Dubai property. Earlier this year, figures from the Dubai Land Department showed that Indians were once again the top expatriate buyers in the emirate, spending AED5.895bn ($1.6bn) in the first quarter of 2014.

To put this figure into context, Indian investors spent AED8bn in the first half of 2013 and AED9bn in the whole of 2012. It’s also not just the amount that is surging: in second place were British citizens and Pakistanis, who accounted for just AED3.145bn and AED2.410bn, respectively.

But that was all in the first quarter of the year and recent changes in India are making it harder for Indians to invest overseas. Many Gulf-based real estate experts are concerned this might curtail investment into the region and the long-term implications are currently unclear.

The number of Indian nationals buying property in the Gulf is expected to decline after the new government removed an exemption on capital gains tax for those buying property overseas. Indians who sell property and buy another residence within two years, or within three years for newly built homes, are exempt from the 20 percent tax on capital gains — the profit made after taking inflation into account.

However, in releasing its first budget since being voted into office in May, Narendra Modi’s new government has amended a clause in the legislation to only allow the exemption when the subsequent property is bought in India. The change could affect thousands of Indian nationals who have invested in the Gulf.

“The benefit was intended for investment in one residential house within India. Accordingly, it is proposed to amend the aforesaid sub-section (1) of Section 54 to provide that the rollover relief under the said section is available if the investment is made in one residential house situated in India,” the budget documents said, making it clear that the government wanted to close the loophole and make sure that Indians invested in one place and one place only: India itself.

Narayan Jain, former general-secretary of the All India Federation of Tax Practitioners, told The Telegraph newspaper in Kolkata that the new ruling will hit those who had planned to retire overseas. “Many a time we see old people selling their properties in India and moving abroad. They used to get the tax benefit. Now it will not be available any more,” he said.

The report also stated that the amendments would also dent the ambitions of high net worth individuals who were hoping to take advantage of the cooling price growth in the US and Dubai, a view that is shared by those Arabian Business spoke to locally.

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Please post responsibly. Commenter Rules

Posted by: Muhammad Arshad

Similarly UAE must also restrict any remittance going from UAE to India ,so that they should suffer the repercussions of the wrong decision made by India

Posted by: KKS

Yes indeed Mr. Arshad, great idea. An eye for an eye makes the whole world blind...and that is why Pakistan finds achieved its current failed state status. : )

Posted by: DNS

Once again, the government of India is looking for other sources of income. Why should workers from India in the UAE, suffer the effects of this new rule?

Posted by: A..

This is definitely not the end of Gulf?s Indian cash dash into Dubai. In fact this amendment in tax ruling is of no consequence whatsoever for three reasons

1) This loop hole was exploited by some Indians migrating to another country like US, UK, Canada or Australia. Indians cannot migrate to UAE. In fact no expat can or does.

2) Resident Indians can remit funds abroad up to a certain limit. However it?s not easy. Its subject to lengthy tax certification and clearance processes and can be disputed by the tax authorities.

3) The article speaks of Gulf?s Indian cash dash. But cash of a UAE?s Indian will typically dash out of UAE and into India and not the other way around. If Indians buy an estimated US$ 4 Bln of UAE real estate it would comprise of sale, resale and flipping by the same Indian customer. How many of them were using the above loophole? May be less than 2-3% unless AB has better statistics.

Keep Calm. This is just sensational reporting!

Posted by: Glen

This amendment in tax ruling is of consequence for three reasons.

1) This loop hole was exploited by some Indians who want to own a home in the U.A.E the fact that no expat can or does. Property owners can reside here even after retirement through property owners visas.

2) Resident Indians can remit funds abroad up to a certain limit and yes it is not easy, but an Indian expat would use funds generated in the U.A.E to pay of the mortgage.

3) The article speaks of Gulf?s Indian cash dash. But cash of a UAE's Indian will typically dash out of UAE and into India. If this happens while the Indian expat is resident in Dubai he will not pay tax in India but should it happen twelve months after his return he will be taxed on income generated in Dubai as an India resident.

Keep calm; learn the rules to play the game.

Posted by: DNS

There are expats who have migrated to the UAE. Those who have businesses or own property have been given permanent visas. There are also expats who are married to UAE or GCC citizens.

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