Conceptual · Article 1.2.3.1
Foreign Listed Stocks.
Own Apple Directly. USD 250,000 a Year. The LRS Route.
Published as on 29 June 2026
A foreign listed stock is a share of a company that trades on an exchange outside India — Apple, Microsoft, Amazon on US markets. RBI's Liberalised Remittance Scheme (LRS) lets every resident Indian send up to USD 250,000 per financial year abroad to buy these shares directly, with no Indian fund in between. You become the actual owner. But the structure carries layers most investors underestimate: 20% TCS above ₹7 lakh of remittances, a 24-month long-term holding period (not 12), a flat 12.5% LTCG with NO ₹1.25L equity exemption, and mandatory Schedule FA disclosure under the Black Money Act. A satellite holding — 5-10% of equity — not the core.
USD 250K
LRS Limit / Year
20%
TCS Above ₹7L
24 months
For LTCG (not 12)
12.5%
LTCG (No Exemption)
Executive Summary · Page 2
Executive Summary · 6 Findings
Direct foreign stock ownership via LRS answers a specific question: how do I own a global company that simply doesn't exist on Indian exchanges? Introduced by RBI in February 2004, LRS is the primary legal route for residents to invest directly in global equities — up to USD 250,000 per individual, per financial year. The opportunity is real. So is the compliance burden. Foreign stocks are NOT Indian equity for tax purposes.
Covers the four-step LRS mechanics (purpose code S0011, Form A2), 20% TCS above the ₹7 lakh threshold, the three-layer return engine (company, market, currency), why direct stocks beat global mutual funds on tax but lose on simplicity, the critical Section 112 tax treatment (24-month LTCG at 12.5%, no exemption), Schedule FA disclosure, dividend FTC via Form 67/W-8BEN, and the satellite role.
Key Findings
USD 250,000 per person, per year — you own the shares directly.
LRS lets each resident Indian remit up to USD 250,000 per financial year (April-March) to buy shares on the NYSE, NASDAQ and other foreign exchanges. The cap is per individual, tracked via PAN across all banks. The shares sit in your own overseas brokerage account — no Indian fund layer. Purpose code S0011 (Portfolio Investment) via Form A2.
20% TCS above ₹7 lakh — a real cash-flow hit, not a permanent tax.
No TCS on aggregate LRS remittances up to ₹7 lakh/year (PAN-based, all banks, all purposes combined). Above ₹7 lakh: 20% TCS on the excess. Remit ₹12L → TCS of ₹1L (20% of ₹5L). Fully reclaimable as a credit at ITR filing — but you must fund it upfront, separate from your investment capital.
Three return layers: company, market, currency.
Rupee returns depend on stock performance, the foreign market environment, AND the INR/USD move. Buy at ₹80/USD, sell at ₹85 → currency adds to returns even if the stock is flat. The rupee has historically depreciated ~3-4%/yr vs USD — a tailwind, not a guarantee. Currency can move against you too.
NOT Indian equity for tax — Section 112, not 112A.
Foreign stocks fall outside Section 112A: NO ₹1.25L annual exemption, and the long-term threshold is 24 months, not 12. Sell within 24 months → STCG added to income at slab rate (up to 30% + surcharge + cess). Hold over 24 months and sell on/after July 23, 2024 → flat 12.5% LTCG, no indexation. The 24-month rule catches many investors off guard.
Schedule FA disclosure is non-negotiable.
Every Resident and Ordinarily Resident must declare foreign assets in Schedule FA (ITR-2/ITR-3) — even with zero profit or below-threshold income. Reporting follows the CALENDAR year (value as of Dec 31), not the financial year. Non-disclosure: up to ₹10 lakh penalty per year under the Black Money Act, 2015, plus prosecution risk. India receives data via CRS and FATCA.
A satellite, not the core — 5-10% of equity.
Direct LRS investing suits researched conviction in a company not available in India, a 5+ year horizon, and capacity to handle research, monitoring, tax filing and compliance. Geographic diversification is real but limited — Indian IT and US tech often move together. For most, build a core Indian portfolio first. International funds offer global exposure with simpler compliance.
At A Glance
| Metric | Value | Detail |
|---|---|---|
| LRS Limit | USD 250,000/yr | Per individual, PAN |
| Purpose Code | S0011 | Portfolio Investment |
| TCS | 20% | Above ₹7L/yr |
| LTCG Holding | >24 months | Not 12 months |
| STCG (≤24 mo) | Slab rate | Up to 30%+ |
| LTCG (>24 mo) | 12.5% | No exemption, no indexation |
| US Dividend WHT | 25% | DTAA, FTC via Form 67 |
| Allocation | 5-10% of equity | Satellite |
Exhibit 01: Foreign Stocks vs Indian Equity Tax
| Feature | Foreign Stock | Indian Equity |
|---|---|---|
| LTCG holding | 24 months | 12 months |
| ₹1.25L exemption | None | Applies |
| LTCG rate | 12.5% | 12.5% |
| STCG | Slab rate | 20% |
| Section | 112 | 112A |
Same 12.5% LTCG headline rate, but foreign stocks lose the ₹1.25L exemption and demand a 24-month hold. Short-term gains are taxed far harder — at slab (up to 30%) versus a flat 20% for Indian equity. Add currency risk and Schedule FA filing. Treat as satellite.
The Opening · Page 3
The Opening
A foreign listed stock is simply a share of a company that trades on an exchange outside India — Apple, Microsoft or Amazon on US markets. When you buy directly by remitting money abroad under LRS, you become the actual owner, just like any international investor. This differs from an Indian mutual fund that invests in global companies: there, a fund manager owns the shares and you own units. With direct LRS investing, there is no Indian fund layer — the shares sit in your own overseas brokerage account.
"Geographic diversification does not eliminate risk. It changes where the risk comes from. Foreign stock returns have three moving parts working at once — the company, the foreign market, and the rupee. Access to foreign markets does not equal diversification. Design determines diversification."
The Satellite-Not-Core Frame
The mechanics. Up to USD 250,000 per resident per financial year, remitted via Form A2 through an Authorised Dealer bank under purpose code S0011. The ₹7 lakh TCS threshold is PAN-based and cumulative across all banks and all LRS purposes; above it, 20% TCS applies (reclaimable at ITR). Currency conversion typically costs a 1-2% spread. The INR has historically depreciated ~3-4%/yr vs the USD — historically a tailwind for Indian holders of US assets, but not a law of nature.
FY 2025-26 context. Tax is the defining difference. Foreign stocks fall under Section 112, not 112A: a 24-month long-term holding period, a flat 12.5% LTCG (sold on/after July 23, 2024), and NO ₹1.25L exemption. Short-term gains (≤24 months) are taxed at slab. Schedule FA disclosure follows the calendar year and is mandatory regardless of profit. This is a satellite holding — 5-10% of equity — not the core.
Structure
Part I
How LRS Works, the Four Steps, TCS & Access Routes
Part II
Tax (Section 112), Dividends, vs Global Mutual Fund
Part III
5 Mistakes, Currency & Diversification Reality, Schedule FA
Part IV
The Verdict: A Satellite for Conviction, Not the Core
Use If
✓ Researched conviction in a non-Indian name
✓ 5+ year horizon
✓ Comfortable with equity + currency risk
✓ Will file Schedule FA & Form 67
Do NOT Use If
✕ No core Indian portfolio yet
✕ Compliance feels burdensome
✕ Expecting guaranteed currency gains
✕ Calling 1-2 names "diversification"
Part I
How LRS Works, the Four Steps, TCS, and Access Routes
The RBI Liberalised Remittance Scheme mechanics — purpose code S0011 and Form A2, the USD 250,000 per-individual cap tracked by PAN, the ₹7 lakh TCS threshold with 20% on the excess, and how to access foreign markets through Indian brokers' international platforms or foreign brokers.
Part I · Page 4
The Four Steps
Open an overseas brokerage account
Indian-origin and global platforms let residents open foreign brokerage accounts. You need your PAN card and standard KYC documents. Access is via Indian brokers' international platforms or directly through foreign brokers.
Initiate the remittance
Ask your bank to send money abroad under LRS. Fill Form A2, declare the purpose, submit KYC. The transfer routes through an Authorised Dealer (AD) bank. Retail equity purchases use RBI purpose code S0011 (Portfolio Investment by individuals).
Stay within the LRS limit
Up to USD 250,000 per financial year (April-March), applied across all banks combined and tracked by PAN. Per individual — a family of four, each earning independently, could each remit up to USD 250,000 from their own funds.
Buy the shares
Once funds arrive in your overseas account, buy shares of your chosen companies through the foreign broker. Factor in brokerage and a currency conversion spread of typically 1-2%.
LRS Quick Facts
| Item | Detail |
|---|---|
| Introduced | RBI, February 2004 |
| Limit | USD 250,000 / financial year |
| Basis | Per individual, tracked by PAN |
| Form | Form A2 via AD bank |
| Purpose Code | S0011 (Portfolio Investment) |
TCS — Tax Collected at Source
20% Above ₹7 Lakh (FY 2025-26)
No TCS on aggregate LRS remittances up to ₹7 lakh/year (PAN-based, across all banks and all "any other purpose" remittances including equity). Above ₹7 lakh: 20% TCS on the excess.
TCS is an advance tax collection, not an extra tax — fully adjusted against your final tax liability at ITR filing.
Worked Example — Priya, Bengaluru
| Item | Amount |
|---|---|
| Remittance (FY) | ₹12,00,000 |
| TCS-free threshold | ₹7,00,000 |
| Amount above ₹7L | ₹5,00,000 |
| TCS @ 20% | ₹1,00,000 |
| Recovered at ITR | ₹1,00,000 (credit) |
Three Things to Know About TCS
✓ Advance credit, not permanent — fully adjusted at ITR.
✓ Track across all banks — ₹7L threshold is PAN-based and cumulative (travel, education, investment all count).
✓ Time large remittances — splitting across two financial years can reduce the TCS outflow if it suits your plan.
Cards Are NOT a Route
International credit/debit cards work for current-account transactions (travel, shopping) only. Investing in foreign securities is a capital-account transaction and must route through a formal LRS remittance via an AD bank. Using a card to buy stocks is a FEMA violation.
Part II
Tax (Section 112), Dividends, and vs Global Mutual Fund
Why foreign stocks fall under Section 112 — not the equity-friendly 112A — with a 24-month long-term threshold, a flat 12.5% LTCG and NO ₹1.25L exemption; how foreign dividends are taxed and credited via Form 67 and W-8BEN; and where direct stocks beat global mutual funds on tax but lose on simplicity.
Part II · Page 6
Tax on Gains — Section 112
Foreign Stocks Are NOT Indian Equity
Foreign stocks bought via LRS fall outside Section 112A — the section giving favourable treatment to Indian listed equity and equity mutual funds. They fall under Section 112. So: NO ₹1.25 lakh annual exemption, and the long-term threshold is 24 months, not 12.
STCG: ≤24 Months → Slab Rate
Sell within 24 months of buying and the entire gain is added to your income and taxed at your slab rate — up to 30% (plus applicable surcharge and health & education cess) for higher-income individuals.
LTCG: >24 Months → Flat 12.5%
Hold for more than 24 months → flat 12.5% (no indexation), for shares sold on or after July 23, 2024. No ₹1.25L exemption applies.
Meera, Mumbai: bought USD 5,000 of US shares June 2022, sold September 2024 at USD 7,000 — gain ~₹1,68,000. Held >24 months → 12.5% → ~₹21,000 tax. Had she sold in July 2024 (just under the window), the same gain would be taxed at her 30% slab → ~₹50,400, more than double.
The 24-Month Trap
Unlike Indian listed equity, where "long-term" is just 12 months, foreign stocks require a 24-month hold to qualify as long-term. This single difference catches many investors off guard and leads to an unexpectedly large tax bill. Gains are computed in rupees using applicable forex conversion.
Tax on Dividends
Foreign dividends are taxed as "Income from Other Sources" at your slab rate. For US stocks, under the India-US DTAA (Article 10), withholding on dividends to Indian residents is capped at 25%. File Form W-8BEN with your broker (Certificate of Foreign Status) so the treaty rate applies — usually requested at account opening.
Foreign Tax Credit — Form 67
The 25% US withholding is credit-eligible in India. Offset it against your Indian tax liability by filing Form 67 before your ITR due date. Miss the Form 67 deadline and you lose the credit — meaningful if you hold dividend payers.
Direct Stocks vs Indian Global Mutual Fund
| What Changes | Direct (LRS) | Global MF |
|---|---|---|
| Who owns shares | You directly | Fund manager |
| Holdings | Your choice | Built-in basket |
| Research | Yours | Manager's |
| LTCG tax | 12.5% (>24 mo) | Slab rate |
| Filing | Schedule FA | Simpler |
| Min invest | Broker-set | ~₹500 SIP |
Part III
Five Mistakes, the Diversification Reality, and Schedule FA
The five expensive mistakes Indian investors make with LRS investing, why "access to foreign markets" is not the same as diversification, the three layers of diversification direct investing does and does not solve, and the calendar-year Schedule FA disclosure rule under the Black Money Act.
Part III · Page 8
Five Common Mistakes
Treating currency as guaranteed profit
The rupee has historically weakened vs the dollar, adding to returns — but it's a pattern, not a guarantee. Currency can move against you and cut returns even when the stock does well.
Ignoring the 24-month holding period
Confusing it with the 12-month rule for Indian stocks. Selling a foreign stock at 20 months means STCG at full slab rates — a costly, avoidable surprise.
Not filing Schedule FA
The most dangerous mistake. India receives foreign-holding data via CRS and FATCA. Non-disclosure is hard to conceal and disproportionately costly — the penalty can exceed a small investment many times over.
Calling 1-2 global names "diversification"
Owning Apple and one Indian tech stock is concentration in a different geography. True diversification needs different asset types, sectors and geographies in meaningful proportions.
Not planning for TCS cash flow
Remit ₹12L in one go → expect ₹1L TCS deducted upfront (20% on ₹5L above ₹7L). You recover it at ITR, but you need that cash available separately. Plan amount and timing.
Currency: A Worked Illustration
Rahul, Hyderabad — Same Stock, Two Currency Paths
Invested ₹8L (~USD 10,000) in a US tech stock Jan 2022 at ₹80/USD. Stock rose 30% to USD 13,000 over two years.
Rupee weakens to ₹84: worth ₹10,92,000 → +36.5% in rupee terms.
Rupee strengthens to ₹76: only ~+23.5% — same 30% stock gain.
Does Going Abroad = Diversification?
| Layer | Solved by Direct LRS? |
|---|---|
| Asset class (equity/debt/gold) | No — still equity |
| Geography (India vs global) | Yes, if spread across markets |
| Company concentration | Only if you buy a basket |
Geographic diversification is real but limited: 5-10% in US/European stocks reduces dependence on India's cycle. But sector correlation persists — Indian IT and US tech often move together. Access to foreign markets does not equal diversification. Design determines diversification.
Schedule FA — Non-Negotiable
Calendar Year, Not Financial Year
Every Resident and Ordinarily Resident must declare foreign assets in Schedule FA — even with no profit or below-threshold income. Reporting follows the calendar year: for ITR of FY 2025-26, report holdings as of December 31, 2025 (not March 31, 2026). File in ITR-2 or ITR-3; values in INR at SBI's TT Buying Rate. ITR-1/ITR-4 do not include Schedule FA — using them is non-compliant.
| Item | Detail |
|---|---|
| Penalty (non-disclosure) | Up to ₹10L / year |
| Law | Black Money Act, 2015 |
| Data sources | CRS & FATCA |
| Small-investor relief | <₹20L aggregate (penalty only) |
Part IV
The Verdict
A satellite for conviction. Not the core.
Part IV: The Verdict · Page 10
30-Second Summary
Direct foreign stock investing via LRS is the only way to truly own a specific global company unavailable in India. Each resident can remit up to USD 250,000 per financial year (purpose code S0011, Form A2). Above ₹7 lakh of aggregate remittances, 20% TCS applies — reclaimable at ITR but a real cash-flow item. Returns ride three layers: company, foreign market, and currency. The rupee's historical ~3-4%/yr depreciation has helped, but is not guaranteed.
The defining feature is tax. Foreign stocks fall under Section 112, not 112A: a 24-month long-term threshold, a flat 12.5% LTCG (sold on/after July 23, 2024), and NO ₹1.25L exemption. Short-term gains (≤24 months) hit slab rates up to 30%. Schedule FA disclosure follows the calendar year and is mandatory regardless of profit, with ₹10 lakh-per-year penalties for non-disclosure under the Black Money Act. Use as a satellite — 5-10% of equity — after a core Indian portfolio is built.
"Geographic diversification does not eliminate risk — it changes where the risk comes from. The opportunity to own Apple or Microsoft directly is real, but access to foreign markets is not the same as diversification, and a 12.5% headline LTCG rate is not the same as Indian-equity tax treatment. Design determines diversification. Compliance determines whether the gains are yours to keep."
The Final Orientation
ADWIZR · June 2026
Decision Rules
Use Correctly As
✓ 5-10% satellite of equity
✓ 5+ year horizon
✓ Researched conviction
✓ Schedule FA & Form 67 filed
Misuse Destroys Value
✕ Core of equity allocation
✕ Selling before 24 months
✕ Skipping Schedule FA
✕ Betting on the rupee
Before You Remit — Checklist
Four Things to Confirm
(1) TCS cash flow — budget 20% on remittances above ₹7L, recovered later. (2) W-8BEN on file — so the 25% US dividend treaty rate applies. (3) 24-month clock — plan holding period for LTCG. (4) Schedule FA + Form 67 — engage a tax professional who understands international investing.
Investor FAQ
Questions Indian Investors Ask
Seven questions, answered directly.
Investor FAQ · Page 12
Frequently Asked Questions
Q1 Can I buy US stocks like Apple or Tesla directly using LRS?
Q2 Do I pay tax twice — abroad and in India?
Q3 Is the USD 250,000 LRS limit per person or per family?
Q4 What happens to my foreign stocks if I become an NRI?
Q5 Is there a minimum amount to start?
Q6 Can I use a credit or debit card instead of LRS?
Q7 If I lose money on foreign stocks, can I use the loss?
Key Terms & Definitions
LRS (Liberalised Remittance Scheme)
RBI scheme introduced in February 2004 allowing every resident Indian individual to remit up to USD 250,000 per financial year abroad for permitted current and capital account transactions, including the direct purchase of foreign listed shares. Tracked per individual via PAN across all banks.
Purpose Code S0011
The RBI purpose code used for retail equity purchases under LRS — covering purchase of equity shares under Portfolio Investment by individuals. Declared on Form A2 when initiating the remittance through an Authorised Dealer (AD) bank.
TCS (Tax Collected at Source)
An advance tax the bank collects on LRS remittances and deposits with the government. For FY 2025-26: nil up to ₹7 lakh aggregate per year, then 20% on the excess. Not a permanent cost — fully adjusted against your final tax liability at ITR filing.
Section 112 vs 112A
Indian listed equity and equity mutual funds enjoy Section 112A (12-month LTCG, ₹1.25L exemption). Foreign stocks fall under Section 112: a 24-month long-term threshold, flat 12.5% LTCG without indexation, and NO ₹1.25L exemption. Short-term gains are taxed at slab rate.
Schedule FA
The schedule in ITR-2/ITR-3 where Residents and Ordinarily Resident must declare all foreign assets, reported on a calendar-year basis (value as of December 31). Mandatory regardless of profit. Non-disclosure can attract up to ₹10 lakh penalty per year under the Black Money Act, 2015.
Form W-8BEN & Form 67
W-8BEN certifies your non-US status to your broker so the 25% DTAA treaty rate on US dividends applies. Form 67, filed with the Indian tax department before the ITR due date, claims the Foreign Tax Credit for tax withheld abroad. Missing the Form 67 deadline forfeits the credit.