Tax Attorney in Orlando for Indians, NRIs & OCIs: Cross-Border Compliance & Dispute Resolution

For NRIs, OCIs, and HNIs in the USA particularly in financial hubs like Orlando navigating global tax laws can be overwhelming. With investments, incomes, and obligations spread across India and the United States, the need for expert legal guidance is paramount. A dedicated tax attorney in Orlando helps bridge this complex gap, ensuring your compliance, preventing double taxation, and protecting your financial interests across jurisdictions.

Dual Tax Attorney in Orlando Challenges for Indians and NRIs Living in the US

As an NRI or OCI residing in the US, you’re subject to dual tax regimes the US taxes residents on global income, while India taxes income earned or accrued within its territory. Without strategic planning, this can result in double taxation, missed disclosures, or regulatory violations.

Understanding your tax residency is essential:

India: Governed by the Income Tax Act, 1961. The 182-day rule and the 120-day rule (for Indian citizens earning over ₹15 lakh) determine residency. The RNOR (Resident but Not Ordinarily Resident) status offers limited Indian tax liability for returnees.
USA: Determined via the Green Card Test or Substantial Presence Test. Residents are taxed on worldwide income and must report foreign financial interests.

1. Key Areas Where a Tax Attorney in Orlando Can Assist NRIs and OCIs

Indian Income Reporting & Tax Credit Optimisation

If you hold Indian bank accounts, real estate, mutual funds, or shares, you likely receive:

Rental income
Dividends from Indian companies
Capital gains from property or share sales
Interest on NRO/NRE/FCNR accounts

While NRO interest is taxable in both India and the US, NRE/FCNR interest is tax-free in India but taxable in the US. Your tax attorney in Orlando ensures accurate dual disclosures, applies foreign tax credit (FTC) under Form 1116, and assists with Form 67, Form 10F, and TRC for India-US DTAA claims.

FATCA & FBAR Compliance

US residents must disclose foreign financial assets under:

FBAR (FinCEN Form 114): Mandatory if foreign accounts exceed $10,000 at any point in the year.
FATCA (Form 8938): Thresholds depend on filing status and residency. Non-disclosure attracts severe IRS penalties.

A tax attorney helps you meet these complex requirements and avoid inadvertent non-compliance.

Double Taxation Avoidance Agreements (DTAA)

The India-US DTAA allows for tax credits, exemptions, or reduced withholding on:

Interest
Dividends
Royalties
Capital gains (in some cases)

For example, you may receive dividends taxed at 25% in India, which can be credited against your US tax liability. Your attorney ensures proper TRC procurement, timely filing of Form 10F, and effective DTAA usage to avoid dual taxation.

Capital Gains & TDS Relief

NRIs selling property in India face:

Higher TDS (20–30%)
Different rates for short-term vs. long-term gains
Indexation benefits for assets held over 2 years

Cross-Border Gift & Inheritance Taxation

India does not levy estate tax, but gift tax applies if the recipient is not a close relative.
The USA imposes estate and gift taxes depending on thresholds and donor/recipient residency.
Your attorney ensures legal documentation, minimises cross-border tax impact, and protects your heirs from future tax disputes.

2. Recent Tax Law Updates Impacting NRIs & OCIs

Deemed Residency (Finance Act 2020)

Indian citizens earning over ₹15 lakh in India, and not liable to pay tax elsewhere, are now treated as RNOR subject to Indian tax laws with restricted liability.

Section 89A (2022) – Foreign Retirement Funds

Applies to countries like the USA, UK, and Canada. It allows deferred taxation of foreign retirement funds in India until actual withdrawal matching the home country’s tax laws. To avail:

File Form 10EE annually
Declare details of retirement accounts

An Orlando-based tax attorney ensures seamless coordination of this benefit if you’re returning to India.

Quora-Style FAQs from NRIs & OCIs in the USA

Q1.earn rental income from a flat in Pune while living in Orlando. Do I pay tax in both countries?

Yes. India taxes the rental income at source, while the US taxes you on global income. Your attorney helps you claim FTC in the US and avoids double taxation using India-US DTAA.

Q2. What are the tax rules for Indian mutual fund capital gains for OCIs in the US?

In India, capital gains are subject to TDS and taxes depending on asset class and duration. In the US, such gains are also taxable. A tax attorney ensures correct reporting under FATCA/FBAR, helps claim FTC, and advises on PFIC implications (for mutual funds classified under Passive Foreign Investment Companies).

Q3. I sold inherited property in India. What are the tax steps?

India levies capital gains tax with TDS for NRIs. You must report this in the US and claim a foreign tax credit. Your attorney helps with:

Property valuation
Documentation
Lower TDS application
FEMA repatriation
Cross-border tax filings

Q4. I plan to return to India soon. What happens to my US retirement fund taxation?

On return, your residency changes from NRI to RNOR to ROR. Under Section 89A, you can defer taxation in India until you withdraw from the fund (if from a notified country). An attorney guides you on filing Form 10EE and ensures tax alignment.

Q5. What are the most common NRI tax conflicts?

Residency disputes
Double taxation
FATCA/FBAR non-compliance
Capital gain errors
TDS mismatches

Your tax attorney helps interpret tax laws, represent you in disputes, file accurate returns, and proactively minimise risk.

Why LawCrust is Your Trusted Global Legal Partner

LawCrust Legal Consulting, a division of LawCrust Global Consulting Ltd., is the preferred legal advisor for NRIs and OCIs across the globe. We bring together over 70 expert lawyers and 25+ international law firm partners to deliver solutions in:

NRI Taxation & Compliance
Estate Planning & Gift/Inheritance Tax
Cross-Border Asset Management
Matrimonial, Property, and Builder Disputes
FEMA, RBI, RERA, and Real Estate Legalities
Immigration & OCI Assistance
Corporate Advisory, FDI, M&A, Fundraising
Startup & Family Office Legal Consulting

Whether you’re an HNI managing investments or an NRI planning repatriation, we offer culturally informed, globally compliant solutions across the USA, UK, Canada, Australia, APAC, and EMEA.

Conclusion: Secure Your Cross-Border Finances with Confidence

Navigating India-US tax laws requires more than filing forms it requires strategy, foresight, and advocacy. A dedicated tax attorney in Orlando ensures your compliance is seamless, your wealth is preserved, and your disputes are resolved swiftly.

From FATCA to Form 10EE, and from TDS certificates to global disclosures, LawCrust Legal Consulting offers a comprehensive legal and tax ecosystem for global Indians.

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.

Top Tax Attorney in Orlando for Global Indians