Summary of this article
Form 40 helps returning NRIs defer tax on foreign retirement accounts
Foreign pension income may face tax timing mismatch after residency change
US, UK, Canada, Australia retirement accounts may qualify for relief
Foreign asset disclosure remains mandatory despite Form 40 tax deferral
Indians who have worked abroad often come back with more than just overseas work experience. Many also return with retirement savings accounts opened during their years outside the country. These could be pension plans, retirement accounts, or employer-linked savings accounts in countries such as the United States (US), the United Kingdom (UK), Canada, or Australia.
The problem usually starts after the person returns and becomes a tax resident here. In the country where the retirement account was opened, tax may be charged only when money is withdrawn. But under local tax rules, income from such an account may get examined differently once the individual becomes resident again.
This can create an awkward situation. A person may not have touched the money. The funds may still be locked in the foreign retirement account. Yet, a tax question can arise here because the income has accrued in that account.
1 May 2026
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Form 40 is meant for such cases. It gives eligible taxpayers a way to defer the tax liability on income from specified foreign retirement accounts.
Why Timing Matters
The main issue is not whether tax has to be paid at all. The issue is when it has to be paid.
For example, a person who worked in the US may have a retirement account there. The account may keep earning income even after the person returns. In the US, the tax treatment may be linked to withdrawal. But after returning and becoming a resident here, the person may have to look at the account from the point of view of local tax laws as well.
That is where Form 40 becomes relevant. By filing this form, an eligible taxpayer can choose to defer tax on income from the foreign retirement account. The tax can then be considered in the year in which the amount is withdrawn, redeemed, or otherwise received, instead of being taxed earlier only because it has accrued.
This is especially useful for people who do not have immediate access to the money. Retirement accounts abroad often have their own withdrawal restrictions, tax rules, and penalties for early withdrawal. Paying tax here before receiving the money can become a cash-flow burden.
Who Should Look At Form 40
Form 40 is mainly relevant for resident taxpayers who hold specified retirement accounts in notified countries. These include popular work destinations such as the US, UK, Canada, and Australia, according to a report by Economic Times Wealth.
The form may be useful for professionals who have spent several years abroad, built retirement savings there, and later came back. It may also matter for those who shifted back after taking citizenship, permanent residency, long-term employment, or deputation assignments overseas.
However, it is important to understand that Form 40 is not a tax waiver. It does not make the income tax-free. It only allows eligible taxpayers to postpone the tax treatment to a later stage, subject to the conditions laid down under the rules.
Taxpayers should also be careful about the type of account they hold. Not every foreign investment account is a retirement account. A normal brokerage account, bank account, or investment portfolio abroad may not get the same treatment. The account must fall within the permitted category.
Disclosure Still Remains Important
One common mistake returning Indians make is assuming that an overseas retirement account can be ignored until the money is withdrawn. That can be risky.
Once a person becomes resident and ordinarily resident, foreign assets and income reporting become important. The account may have to be disclosed in the income-tax return, even if no money has been withdrawn during the year.
The taxpayer may also have to choose the correct income-tax return form. Those with foreign assets generally cannot treat their filing as a simple salary return. The foreign asset schedule, income details, and the option exercised through Form 40 should be handled carefully.
Documentation will matter. Account statements, employer contribution records, tax documents from the foreign country, withdrawal rules, and proof of the nature of the account should be kept ready. These details can help if the tax department asks questions later.
For Indians who have returned after working abroad, Form 40 can provide useful relief from a timing mismatch in taxation. But it should not be treated casually. The benefit works best when the taxpayer reports the foreign retirement account properly, files the right form, and keeps records to support the claim.
