International Tax Lawyer Miami Helps NRIs, Indians & OCIs Avoid Dual-Taxation and Global Penalties

Miami is home to a growing population of high-net-worth Non-Resident Indians (NRIs), Overseas Citizens of India (OCIs), and Indians seeking investment or permanent residence in the U.S. However, with global investments, real estate holdings, and dual income sources, comes the risk of complex international taxation. A seasoned international tax lawyer Miami becomes essential in helping clients avoid dual-taxation, navigate NRI tax issues, and stay compliant with both Indian and U.S. regulations.

Why an International Tax Lawyer Miami is Crucial for NRIs & OCIs

The intersection of Indian and U.S. tax laws demands precision, experience, and foresight. NRIs and OCIs living in Miami are often unaware of overlapping tax obligations that arise due to their cross-border financial presence. A trusted international tax lawyer Miami helps you avoid harsh penalties by customising tax strategies suited to your unique financial profile. This includes guidance on:

Residential Status Determination: As per Section 6 of the Income Tax Act, 1961, spending over 120 or 182 days in India can change your tax residency status. Simultaneously, the U.S. Substantial Presence Test determines if you’re a U.S. tax resident.
DTAA Application: The Double Taxation Avoidance Agreement between India and the U.S. is a crucial framework. A lawyer ensures you apply the treaty correctly, claim foreign tax credits via Form 1116, and obtain a Tax Residency Certificate (TRC).
FATCA and FBAR Compliance: If the value of your foreign assets exceeds IRS thresholds, FATCA (Form 8938) and FBAR (FinCEN Form 114) filings are mandatory. Non-compliance can result in penalties up to $100,000 or criminal prosecution.
Capital Gains Taxation: Selling property in India can attract a 20% TDS under Section 195. Recent Indian tax updates also adjust LTCG to 12.5% for certain assets post-July 2024, replacing indexation benefits.

1. Common NRI Tax Issues Faced by Miami-Based Indians

Many NRIs in Miami struggle with the same challenges:

Misreporting rental or dividend income earned in India
Incorrectly calculated TDS on property sales
Lack of awareness on tax filing obligations in both countries
Failing to claim DTAA benefits and overpaying taxes

An experienced international tax lawyer Miami resolves these issues through a holistic and cross-border compliant tax structure.

2. Latest Legal Updates Impacting NRI Tax Issues

Income Tax Bill, 2025 (India)

The proposed Income Tax Bill introduces:

Simplified tax slabs starting FY 2025–26
Forex fluctuation relief on unlisted shares for NRIs
Enhanced asset recovery and digital tracking for evasion
Consolidated TDS/TCS provisions for clarity

Notable Judgments

Delhi High Court (May 2025) ruled that NRIs are entitled to full TDS credit even if the buyer uses the wrong form.
Delhi ITAT (Sept 2024) clarified U.S. LLCs held by NRIs can still claim DTAA benefits if tax liability is established in the U.S.

FEMA Regulatory Changes

The RBI continues to refine FEMA rules on property repatriation, agricultural land restrictions, and compliance for NRO/NRE/FCNR accounts. A dedicated international tax lawyer Miami ensures you understand and comply with these foreign exchange rules.

FAQs for NRIs and OCIs

Q1. Do I need to report Indian income in the U.S.?

Yes. U.S. tax residents must report worldwide income. FATCA and FBAR obligations apply. An international tax lawyer Miami helps you comply and claim tax credits.

Q2. Is NRE interest tax-free in both India and the U.S.?

India exempts NRE interest from tax. However, the U.S. includes it in global income. A lawyer ensures proper reporting and avoids double taxation.

Q3. I sold Indian property how do I report it in both countries?

Capital gains in India attract 20% TDS. Report this in the U.S. and claim a foreign tax credit under DTAA. Legal advice is essential for accuracy.

Q4. What is the 120-day rule and how does it affect me?

Under Section 6(1A) of the Income Tax Act, Indians earning over ₹15 lakh in India and staying 120+ days may be deemed residents. This affects global taxation.

Q5. What penalties apply for non-compliance?

India may charge up to ₹10 lakh for undisclosed foreign assets under the Black Money Act. The U.S. imposes severe FBAR/FATCA fines. Timely help from a lawyer reduces these risks.

The Human Touch in International Taxation

Behind every disclosure and tax form are stories of family inheritances, lifelong savings, or dreams of returning to India. A compassionate international tax lawyer Miami not only offers legal solutions but understands the personal impact of these decisions. We translate legal complexity into peace of mind.

About LawCrust Legal Consulting

LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a trusted legal partner for NRIs and Indians across the globe. Backed by a team of over 70 expert lawyers and more than 25 empanelled law firms, we offer a wide range of legal services both in India and internationally. Our expertise spans across legal finance, litigation management, matrimonial disputes, property matters, estate planning, heirship certificates, RERA, and builder-related legal issues.

In addition to personal legal matters, LawCrust also provides expert support in complex corporate areas such as foreign direct investment (FDI), foreign institutional investment (FII), mergers & acquisitions, and fundraising. We also assist clients with OCI and immigration matters, startup solutions, and hybrid consulting solutions. Consistently ranked among the top legal consulting firms in India, LawCrust proudly delivers customised legal solutions across the UK, USA, Canada, Europe, Australia, APAC, and EMEA, offering culturally informed and cross-border expertise to meet the unique needs of the global Indian community.

When you need expert litigation attorney New Jersey services customised for NRIs and OCIs, LawCrust is here to safeguard your interests.

Avoid Double Taxation: How an International Tax Lawyer Miami Assists NRIs and OCIs