Tax Lawyers Hamilton for Indians, NRIs & OCIs: Expert Cross-Border Tax Advice

Navigating tax laws in two countries can feel overwhelming, especially for Indians, NRIs (Non-Resident Indians), and OCI (Overseas Citizens of India) cardholders living in Hamilton. Whether you’re earning rental income in India, filing taxes in Canada, or managing foreign assets, you need accurate legal advice. Our Hamilton-based tax lawyers Hamilton helps you comply with both Canadian and Indian tax regulations with clarity and ease.

Why Indians, NRIs & OCIs in Hamilton Need a Tax Lawyers Hamilton

Many Indians in Hamilton have financial connections in India—through property, income, or investments. If you’re an NRI or OCI, you might receive income from India while living in Canada. This creates tax obligations in both countries. Canadian residents must report global income. India, too, taxes certain earnings. Without proper guidance, you risk double taxation, penalties, or even audits. That’s where skilled tax lawyers step in to help.

1. Common Tax Problems Faced by NRIs & OCIs in Canada

Here are some common tax issues we regularly help clients with: Double Taxation: Without using the DTAA (Double Tax Avoidance Agreement), many clients unknowingly pay taxes twice—once in India and again in Canada. Foreign Income Reporting: CRA (Canada Revenue Agency) requires residents to declare all foreign income. We help you file T1135 forms accurately and on time. Property Sale in India: When NRIs sell property in India, they owe capital gains tax to the Indian government. They may also have reporting requirements in Canada. Inheritance & Gifts: Receiving a property or gift from relatives in India can trigger tax consequences. We ensure legal and tax compliance in both countries. Bank Accounts & Assets Abroad: Clients often forget to disclose foreign bank accounts or mutual funds, leading to CRA penalties. We help you avoid those risks.

2. How Our Hamilton Tax Lawyers Help You

Our lawyers assist NRIs and OCIs in managing complex tax matters involving both India and Canada: Filing Canadian Taxes with Indian Income: We guide you on how to declare Indian rental income, dividends, or interest when filing taxes in Canada. Using DTAA (Double Taxation Avoidance Agreement): We ensure you benefit from tax treaties between India and Canada to avoid paying taxes twice. Capital Gains Advice: If you sold property in India, we calculate capital gains tax in both jurisdictions and help you file correctly. CRA Audits & Disputes: If CRA questions your foreign income or assets, we represent you, respond to notices, and protect your rights. Foreign Asset Declarations: We help you file T1135 and other forms correctly, avoiding fines and ensuring full compliance.

Five Common FAQs for NRIs and OCIs

Q1: Are remittances to India from Canada taxable in either country?

A1: No, remittances from taxed or exempt income (e.g., from NRE accounts) to parents or relatives in India are not taxable in India or Canada. These are considered transfers, not income.

Q2: I’m an OCI living in Vancouver with a rental property in Mumbai. How is this income taxed?

A2: The rental income is taxed in India with TDS at 31.2%. You can claim a 30% deduction on NAV and interest on a home loan. In Canada, declare the rental income and claim a foreign tax credit for the Indian tax paid.

Q3: I sold Indian shares as an NRI in Calgary. What are the tax obligations?

A3: Gains are taxed in India. Long-term gains on listed shares (>12 months) are taxed at 10% over ₹1 lakh; short-term gains at 15%. Canadian tax applies to worldwide income, so declare the gains and use DTAA provisions to avoid double taxation.

Q4: I have an NRO account and mutual funds in India. What must I report in Canada?

A4: These qualify as specified foreign property if the cost exceeds CAD $100,000. You must file Form T1135 with the CRA. Declare all income from these accounts and investments.

Q5: I’m returning to India permanently. Do I need to pay Canadian exit tax?

A5: Yes, if you cease Canadian residency, Canada deems your assets to be sold at fair market value, triggering capital gains. Proper planning with tax lawyers in Hamilton can reduce the impact.

Future Outlook

As financial lives become increasingly global, NRIs and OCIs need integrated legal-tax advisory services. Cross-border compliance is non-negotiable, and tax lawyers in Hamilton play a crucial role in safeguarding clients from penalties while optimising tax outcomes.

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 Lawyers in Hamilton for Indians, NRIs & OCIs: Expert Cross-Border Tax Advice