US estate tax

Your US shares carry a $60,000 exemption.

A US citizen shelters $15 million from US estate tax. If you are not one, and you hold US shares or US-listed ETFs, you shelter $60,000 — and the rate above that climbs to 40%. There is no India–US estate tax treaty. Work out your exposure, and what holding the same market elsewhere would do to it.

Four short steps, about two minutes. Nothing is stored on our servers and nothing is sent anywhere — the whole calculation runs in your browser.

  1. 01 Tell us where you are settled Your passport, visa or green card, and the country you consider your permanent home. This decides which exemption applies to you.
  2. 02 Add your US holdings Shares, funds, property, brokerage cash and retirement accounts. Where the asset is legally sited matters, not which broker holds it.
  3. 03 Add everything else A rough total for what you own outside the US. It matters for treaty relief and for putting the exposure in proportion.
  4. 04 See the gap Your exposure against your exemption, what the tax would be, and what holding the same market through a non-US fund would change.

Before you startA recent statement from any US brokerage account, and a rough total for everything you own elsewhere. Approximate values are fine — the point is the order of magnitude, not the decimal places.

US estate tax turns on domicile, not on income-tax residence. They are different tests and they often give different answers, which is why so many people are exposed without knowing it.

Enter approximate current values in US dollars. What matters is where an asset is legally sited, not which broker holds it — shares in a US company are US-situs even in a Dubai or Singapore account.

Deliberately not counted

US bank deposits, US Treasury and other portfolio-interest debt, life insurance on your own life, shares in non-US companies, and Irish or Luxembourg-domiciled funds even when they hold US shares. All of these sit outside the US estate net for a non-domiciled person.

Idopia Services Pvt Ltd — AMFI Registered Mutual Fund Distributor, ARN-331653

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What an estate tax is, in plain English

If the phrases below mean nothing to you, that is not a gap in your knowledge — it is a gap in the country's tax history. India has had no estate duty since 1985, so there has been nothing to learn. The United States, however, taxes the assets sitting inside its borders when their owner dies, and it is far less generous to foreigners than to its own citizens. Read this once and the calculator will make sense.

Estate

Everything you own at the moment you die, added together — shares, funds, property, bank balances, jewellery, the lot. It is not a trust or a legal structure you have to set up. It is simply the total, and it exists whether or not you have made any arrangements.

Estate tax

A tax on transferring that total to whoever inherits it. It is charged once, at death, and the estate pays it before anything reaches your family. It is not income tax and it is not capital gains tax — you can owe it on shares you never sold and on gains you never realised.

Why this feels alien

India abolished estate duty in 1985. Nothing similar has existed here for forty years, so most Indian investors have simply never encountered the idea that a government can tax the transfer of assets at death. That unfamiliarity is exactly why US exposure goes unnoticed.

Exemption, or “shelter”

The slice of an estate that passes without tax. Below it there is usually no tax and often no filing. Above it, tax applies to the excess. Every country that levies this tax sets its own figure, and the figure it gives foreigners is often far smaller than the one it gives its own people.

$15,000,000 versus $60,000

The United States shelters about $15 million for its own citizens and permanent residents. For everyone else it shelters $60,000. That second figure was set in 1988 and has never been adjusted for inflation, while the first rises every year. The gap is roughly 250 times, for the same assets.

“Climbs to 40%”

The rate is not flat. It works in slabs, much like Indian income tax: 18% on the first $10,000 above your exemption, then rising band by band, reaching 40% on anything past $1 million. Small estates pay a low average rate; large ones approach 40%.

Situs

Latin for where a thing sits. Every asset has a legal location, and that location decides which country can tax it. For company shares it is the country the company is registered in — not where you bought them, not which broker holds them, not where you live. Apple shares are American no matter whose screen they appear on.

Domicile

Your permanent home — the country you treat as your base and intend to remain in. It is not the same as tax residence. You can spend years in the US, file US tax returns as a resident, and still be non-domiciled there because you intend to come home. Estate tax follows domicile, income tax follows residence, and confusing the two is the single most expensive mistake in this area.

Non-resident alien

The American term for someone who is neither a US citizen nor domiciled in the US. If that is you, the US taxes only your US-situs assets — but with the $60,000 exemption rather than the $15 million one.

Unified credit

The plumbing behind the exemption. Rather than exempting an amount, the law gives a credit against the tax. For a non-resident that credit is $13,000, which happens to be exactly the tax due on $60,000. Same effect, different wording — useful to know because tax forms speak in credits, not exemptions.

A worked example

Does anywhere else do this?

Yes, though nowhere is as harsh to foreigners as the United States. Most countries that levy this tax either give non-residents the same threshold as their own citizens, or only reach real estate. Here is how the places Indian investors actually hold money compare.

CountryTaxTop rateThreshold for a foreignerWhat it reaches
United States Estate tax 40% $60,000 Shares in US companies, US-domiciled ETFs and funds, US property, brokerage cash, 401(k) and IRA balances. The harshest regime for foreigners anywhere. A tiny fixed threshold, a high rate, and no treaty with India.
United Kingdom Inheritance tax 40% £325,000 UK-listed shares and UK property. Government gilts and offshore fund holdings are excluded. Second most relevant for Indian investors. Unlike the US, the same threshold applies to everyone. The UK moved to a residence-based system in April 2025.
Japan Inheritance tax 55% ¥30m plus per-heir allowance Japan-situated assets. The highest headline rate in the developed world, though the threshold is more generous than the US.
Germany Inheritance tax 50% €2,000 for non-residents German property and substantial shareholdings in German companies. The non-resident allowance is startlingly small, but ordinary listed shareholdings are usually outside the net.
France Succession duty 45% direct line, 60% otherwise €100,000 per child French property and shares in French companies. France also taxes by reference to where the beneficiary lives, not only where the asset sits.
Spain Inheritance tax 34% before regional loading Varies by region Spanish property and Spanish-situated assets. Regions differ enormously; some effectively exempt close family, others do not.
Ireland Capital Acquisitions Tax 33% €20,000 to €400,000 by relationship Irish-situated assets. Units in Irish-domiciled investment funds are specifically relieved where neither giver nor recipient is Irish resident or domiciled. This is precisely why Irish UCITS funds are the standard wrapper for non-US investors.
Netherlands Inheritance tax 40% Not applicable to non-residents Charged by reference to where the deceased lived, not where assets sit. A non-resident holding Dutch shares is generally outside the net entirely.
Switzerland Cantonal succession tax Varies by canton Varies Swiss real estate, primarily. Most cantons exempt spouses and direct descendants. Listed shares held by non-residents are usually untouched.
Canada None No estate or inheritance tax. Instead assets are treated as sold at death, so capital gains tax can arise. For non-residents only Canadian real property is caught. Listed Canadian shares are not.
Australia None No inheritance tax. Capital gains roll over to the heir instead. Non-residents are exposed only on Australian real property.
Singapore, UAE, Hong Kong None No estate or inheritance tax of any kind. Estate duty was abolished in Singapore in 2008 and in Hong Kong in 2006. The Gulf states have never levied one.
India None Estate duty abolished in 1985. Inherited assets are not taxed on receipt. Capital gains still apply when the heir eventually sells, using the original owner's cost and holding period.

Real exposure for a foreign investor Limited, usually property only No estate or inheritance tax

Where this fits

The rest of the cross-border picture

Estate exposure is one of several things that follow an Indian investor across borders. These cover the others — what changes when you move back, what has to be reported, and what happens to money left behind.

Common questions

US estate tax, answered plainly

Most of these come from people meeting the subject for the first time. There are no silly questions here — India has had no equivalent tax since 1985, so none of it is common knowledge.

Because the United States taxes assets by where they sit, not by who owns them. If you own shares in a US company, those shares are American property in American eyes, and America claims the right to tax their transfer when you die. Your own nationality, your residence and your Indian tax status are all irrelevant to that question.

Yes. Those platforms open a brokerage account in your own name with a US broker, so you directly own US shares. That makes them US-situs assets with the same $60,000 exemption an NRI gets. Being an Indian tax resident, filing Indian returns and paying Indian tax on the gains changes nothing here — these are two different countries taxing two different things.

Shares in companies incorporated in the US, US-domiciled ETFs and mutual funds such as VOO, SPY or QQQ, US real estate, cash held in a US brokerage account, 401(k) and IRA balances, and valuables physically kept in America. The test for shares is where the company is registered — not where you bought them, which broker holds them, or which country you live in.

Deposits with a US bank, US Treasuries and most corporate bonds, life insurance on your own life, shares in non-US companies, and funds domiciled outside America even when they hold US shares. That last one is the important one: an Irish fund tracking the S&P 500 is an Irish company, so it falls outside the net completely.

These are outside the net, and it is the most reassuring answer on this page. If you hold units of an Indian scheme — a Nasdaq 100 fund of funds, an international feeder, any AMC-run scheme — you own units of an Indian fund. The fund owns the US shares; you do not. Your asset is Indian, so no US estate tax arises however large the holding.

Because it was set in 1988 and has never been indexed to inflation. The exemption for Americans has risen with prices and legislation to around $15 million; the one for foreigners has sat still for nearly forty years. There is no principle behind the gap — it is simply the number Congress wrote down and never revisited.

The rate works in slabs, starting at 18% and reaching 40% above $1 million. On $500,000 of US holdings the tax is roughly $142,800, about 29%. On $2 million it is roughly $732,800, about 37%. The calculator on this page works out your own figure.

There is a treaty on income tax, which is why your US dividends are withheld at 25% rather than 30%. There is no estate tax treaty, and that is a separate agreement entirely. The US has estate treaties with about sixteen countries. India is not one, and neither is the UAE, Saudi Arabia, Qatar, Kuwait, Singapore, Hong Kong or Malaysia — which covers almost everywhere the Indian diaspora lives.

Residence is where you are living and paying tax now. Domicile is where your permanent home is — the place you regard as your base and intend to remain. You can be tax resident in a country without being domiciled there. US income tax follows residence; US estate tax follows domicile. Mixing the two up is the most expensive mistake in this area.

Probably the exposed side, and this is the position people most often get wrong. A work visa usually makes you a US income tax resident, filing full US returns. But if you intend to return to India eventually, you may still be non-domiciled for estate tax — which means the $60,000 exemption, not the $15 million one, on everything you have built up in America. Two tests, two answers, and only the second decides your exemption.

Substantially. A green card holder is treated as US-domiciled in almost every case, which means the full $15 million exemption applies — but also that your worldwide estate counts, including your Indian flat, your Indian deposits and your Indian mutual funds. Better protection, wider net. Surrendering the card brings its own expatriation rules and is a serious decision in its own right.

The broker freezes the account. US custodians will not release a deceased non-resident's assets until the IRS issues a transfer certificate, and that commonly takes a year or more. Form 706-NA is due nine months after death. The tax is payable before the certificate is issued, so families often have to find the money while the very assets that would pay it are locked.

The estate pays, out of the assets, before anything reaches your heirs. It is not a bill your family receives separately. The practical effect is the same though: whatever the estate pays is money your family does not inherit.

Nothing. There is no annual US filing that arises from simply owning US shares as a foreigner, beyond the W-8BEN your broker already holds. The obligation only appears at death, and it falls on whoever administers your estate.

Usually not, and people assume the opposite. Where a non-resident holds a joint account, the US includes the whole value in the deceased's estate except to the extent the survivor can prove they contributed the money. Without contribution records, joint holding can leave the full amount exposed rather than half.

Transfers to a spouse who is not a US citizen do not get the unlimited marital deduction that a citizen spouse receives, however long you have been married. The usual answer is a qualified domestic trust, which has to be in place beforehand — it cannot be created after a death.

Curiously, yes. A non-domiciled person can give away US shares during life without US gift tax, because shares count as intangible property which the US gift tax does not reach. The same shares are fully taxable at death. The gift door is open and the death door is shut, which is the reverse of what most people expect. Note that US real estate is treated differently, and that a gift to an Indian resident may be taxable in their hands unless they are a relative as defined.

They are funds registered in Ireland that track the same indices as their American cousins. Because the fund is an Irish company rather than a US one, your holding is Irish property and falls outside US estate tax entirely. Dividends usually improve too: the fund suffers 15% US withholding under the Ireland–US treaty and Ireland takes nothing on the way out, against 25% for an Indian resident or 30% for someone in the Gulf holding US funds directly.

Expense ratios are typically a little higher, trading volumes thinner, and the listings are in London or Dublin rather than New York. Switching also realises a capital gain in your own country, which has its own tax cost. And individual US shares cannot be moved — if you want to own Apple specifically, you own a US asset. The choice only exists for index exposure.

Less settled. Those are depository receipts issued outside the US over an underlying American share. The receipt is foreign, but the company behind it is still American, and there is no clear authority saying the wrapper shifts the situs. Do not assume it protects you without specific advice.

Enforcement happens at the custodian, not through an audit. The broker simply will not release the assets without the IRS transfer certificate, and the certificate will not be issued until the estate has dealt with the tax. There is no realistic way to sidestep it once the account holder has died.

Several do, but none are as harsh to foreigners. The UK charges 40% above £325,000 — the same threshold it gives its own citizens, which is the key difference. Japan, Germany, France and Spain tax non-residents but mostly reach real estate rather than listed shares. Canada and Australia have no estate tax at all. Singapore, Hong Kong, the UAE and India levy nothing. Only America runs a two-tier system where citizens shelter $15 million and everyone else shelters $60,000.