Tax Lawyer Regina for NRIs and OCIs | LawCrust Legal Services

Tax Lawyer Regina Services for NRIs & OCIs Navigating Cross-Border Taxation

For Indians, Non-Resident Indians (NRIs), and Overseas Citizens of India (OCIs) living in Canada—including in Toronto, Vancouver, Calgary, Ottawa, and especially Regina—taxation across two countries can be overwhelming. Canadian and Indian tax systems are complex and distinct. Balancing tax responsibilities in both countries requires guidance from an experienced tax lawyer Regina who understands international tax compliance, DTAA provisions, and legal frameworks governing NRI taxation.

Why NRIs and OCIs Need a Tax Lawyer Regina

Canadian tax law requires residents to declare and pay tax on worldwide income. Income earned or assets held in India—rental income, capital gains, interest on deposits—must be declared to the Canada Revenue Agency (CRA). Likewise, such income may also be taxed in India under the Income Tax Act, 1961.

The Double Taxation Avoidance Agreement (DTAA) between India and Canada offers relief from double taxation. A skilled tax lawyer Regina helps you interpret and apply DTAA provisions, ensuring proper tax credits or exemptions in Canada for taxes already paid in India.

1. Key Areas of Support from a Tax Lawyer Regina

Tax Residency Status

Determining residency is the foundation of cross-border tax planning. Indian laws define an NRI based on physical presence, whereas Canadian rules assess residency based on residential and economic ties. A tax lawyer in Regina clarifies your residency under both jurisdictions to determine correct tax obligations.

Indian Income Reporting in Canada

Rental Income: Taxable in India and reportable in Canada. You can claim a foreign tax credit through the DTAA.
Capital Gains: Selling property or investments in India results in capital gains tax. Your lawyer ensures correct tax treatment in both countries, applying Section 54 exemptions (India) or tax credits (Canada).
Interest and Dividends: Interest from NRO accounts and Indian company dividends are taxable in India and reportable in Canada. Interest from NRE accounts is generally tax-free in India but must still be declared to the CRA.

Foreign Asset Disclosure

Canadian residents holding Indian assets exceeding CAD $100,000 must file Form T1135 with the CRA. This includes real estate, stocks, deposits, and mutual funds. A Regina tax lawyer helps ensure full compliance, avoiding stiff penalties.

Repatriation of Funds

Sending money from India to Canada—such as sale proceeds or matured investments—falls under FEMA guidelines and Canadian reporting. A Regina-based lawyer will guide you through the legalities and documentation required to repatriate funds lawfully.

2. Practical Scenarios Handled by Tax Lawyers in Regina

Example 1: Selling Inherited Property in Mumbai

An OCI in Toronto sells inherited property in Mumbai. They face 20% LTCG tax in India and must report the sale in Canada. A tax lawyer Regina helps them obtain a Lower TDS Certificate (Form 13) to reduce upfront deductions and claim foreign tax credits in Canada.

Example 2: Rental Income from Chennai

An NRI in Vancouver earns rent from a Chennai property. This income is taxable in India and must be reported to the CRA. The lawyer ensures proper documentation and helps apply for tax credits under the DTAA.

Example 3: Unreported NRO Account

A new immigrant in Calgary forgets to report an NRO account that exceeds CAD $100,000. The CRA initiates inquiries. A Regina tax lawyer helps file disclosures under the Voluntary Disclosure Program (VDP) to avoid penalties and regularize compliance.

3. Step-by-Step Guidance for NRIs & OCIs

Identify Tax Residency: Clarify your tax status in both countries to understand obligations.
List Global Assets & Income: Include all real estate, bank accounts, shares, and income sources.
Consult a Tax Lawyer Regina: Work with experts in India–Canada taxation for personalised advice.
Apply DTAA Relief: Understand how the DTAA reduces or eliminates double taxation.
Ensure Full Compliance: File all required documents like Form T1135 and Indian tax returns on time.

FAQs: Cross-Border Tax Queries by NRIs and OCIs

Q1: Do I need to declare Indian Fixed Deposit interest in Canada?

Yes. Interest from NRO accounts is taxable in India and must be reported in Canada. You can claim foreign tax credit for Indian taxes paid.

Q2: What happens when an OCI sells inherited property in India?

They must pay capital gains tax in India, file Indian tax returns, and report the gains in Canada. A tax lawyer Regina helps apply the DTAA and manage fund repatriation.

Q3: Must I disclose Indian assets if I’m a Canadian resident?

Yes. If their cost exceeds CAD $100,000, you must file Form T1135. Legal guidance ensures accuracy and penalty-free reporting.

Q4: Is a gift from my parents in India taxable in Canada?

No. Gifts from parents are not taxed in either country. However, any income generated from the gifted amount will be taxable in Canada.

Q5: How is pension from India taxed in Canada?

Under DTAA, most Indian pensions are taxable only in Canada. You should declare them in your Canadian return.

Broader Outlook: Why Choose LawCrust

The Indian diaspora across Canada, including in Regina, faces rising complexities in tax compliance. LawCrust helps NRIs and OCIs simplify tax obligations and navigate legal challenges involving real estate, inheritances, asset declarations, and fund transfers.

Our team of tax lawyers in Regina collaborates with experts in India to offer seamless solutions—combining legal, financial, and compliance support under one roof. Whether you are a new immigrant, a seasoned NRI investor, or an OCI planning property sales, we ensure complete tax clarity and peace of mind.

About LawCrust

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.

Tax Lawyer Regina Helping NRIs & OCIs with Cross-Border Tax Issues