Every Indian mutual fund is a PFIC under IRC Section 1297, which means your gains get taxed at up to 37% plus a daily interest charge. Today I will walk you through seven investments that give you genuine India exposure without the PFIC problem, ordered from simplest to most complex.
1. NRE and NRO Fixed Deposits
An NRE or NRO fixed deposit is a term deposit held in an Indian bank. It is not a foreign corporation. PFIC rules under IRC Section 1297 apply only to foreign corporations that meet the passive income or passive asset tests. A bank deposit is a lending arrangement between you and a bank, not a fund entity, so it falls entirely outside the PFIC definition.
NRE fixed deposits offer rates ranging from 6.5% to 7.25% per year depending on the bank and tenor. Interest and principal are fully repatriable. The interest is exempt from Indian income tax but is taxable as ordinary income in the US. NRO fixed deposits are suitable for rupee income already in India, such as rent or pension. Interest on NRO FDs is taxable in both countries, with relief available under the India-US DTAA.
You need an existing NRE or NRO account to open a fixed deposit. Major Indian banks, including HDFC, ICICI, SBI, and Axis, offer NRE FD accounts to NRIs. Tenors range from 1 year to 10 years, and most banks have no mandatory minimum investment. FBAR and FATCA reporting apply if your aggregate foreign account balances exceed the relevant thresholds.
Best for: NRIs who want guaranteed, PFIC-free rupee returns with minimal paperwork and a straightforward US tax treatment.
2. US-listed India ETFs
US-listed India ETFs are exchange-traded funds registered with the SEC under the Investment Company Act of 1940. Because they are domiciled in the United States, they are not foreign corporations. PFIC rules do not apply.
The three most widely used options are INDA (iShares MSCI India ETF), which tracks the MSCI India Index and holds around 145 large and mid-cap Indian stocks; EPI (WisdomTree India Earnings Fund), which weights by earnings rather than market cap; and SMIN (iShares MSCI India Small-Cap ETF), which targets smaller Indian companies. You buy them from any US brokerage account, just like any US stock.
US tax treatment is standard capital gains. Hold for more than 12 months and your gain qualifies as a long-term capital gain, taxed at 0%, 15%, or 20% depending on your taxable income per IRS Topic 409. Short-term gains are taxed at ordinary income rates. No Form 8621. No Section 1291 interest charge.
The practical advantages are significant: no Indian bank account, no FBAR filing, no PIS registration, and instant liquidity. Expense ratios are low, typically 0.65% to 0.85% per year. The trade-off is you get broad index exposure rather than stock-specific positioning.
Best for: NRIs who want India market exposure with zero foreign account reporting and no Indian account setup required.
3. Indian Government Securities via the Fully Accessible Route
The Fully Accessible Route (FAR) is an RBI scheme that allows NRIs and foreign investors to purchase specified Government of India securities without investment limits. G-Secs are sovereign bonds, not corporate entities. The PFIC definition under IRC Section 1297 covers foreign corporations. A government-issued bond is a debt obligation of the Indian government, so it does not trigger PFIC classification.
The current yield on 10-year Indian G-Secs is approximately 6.7% to 6.9% depending on the tenor and market conditions. You can access FAR-designated G-Secs through RBI Retail Direct, which requires an Indian bank account, or through a custodian bank that offers NRI access to the scheme.
US tax treatment: interest on Indian G-Secs is taxable as ordinary income in the US. Any capital gain if you sell before maturity is taxable as a capital gain. India withholds tax on interest paid to non-resident holders. You can claim a foreign tax credit in the US to avoid double taxation under the India-US DTAA. FBAR filing is required for any Indian custodian or bank account holding these securities if the aggregate balance exceeds $10,000 at any point during the year.
One limitation: the interest income is taxed as ordinary income (not at preferential capital gains rates), so the after-US-tax yield is lower than the nominal rate.
Best for: NRIs who want rupee-denominated fixed income at sovereign credit quality, with PFIC-free treatment and yields that are often higher than bank FDs on longer tenors.
4. Direct Indian Stocks via the PIS Route
PFIC rules apply only to foreign corporations that meet the income or asset tests under IRC Section 1297. An Indian operating company, such as Infosys, Reliance, HDFC Bank, or TCS, generates active business income. It does not meet the 75% passive income test. Direct equity positions in operating companies are not PFICs.
To buy direct Indian stocks as an NRI, you need three things: an NRE or NRO bank account, an NRI demat and trading account with a SEBI-registered broker, and a Portfolio Investment Scheme (PIS) designation on your bank account. The PIS is a reporting arrangement required under FEMA for NRI equity transactions. Your bank reports all purchases and sales to the RBI. The RBI recently updated equity investment caps for NRIs and OCIs, so check the current per-company limits before building a concentrated position.
US tax treatment is standard capital gains. Long-term gains (held more than 12 months) are taxed at 0%, 15%, or 20%. Short-term gains are taxed at ordinary income rates. The 3.8% Net Investment Income Tax (NIIT) may apply if your modified adjusted gross income exceeds $200,000 for single filers or $250,000 for married filing jointly.
FBAR filing is required for your Indian bank and demat accounts if the aggregate balance exceeds $10,000 at any point during the year. Maintain USD cost basis records using the exchange rate on each purchase date.
Best for: NRIs who want to pick specific Indian companies and are comfortable with Indian account setup and foreign account reporting.
5. Portfolio Management Services (PMS)
Portfolio Management Services (PMS) is a discretionary investment arrangement where a SEBI-registered portfolio manager buys and holds direct stocks in your individual demat account. Your money does not go into a pooled fund. You own the underlying shares directly.
Because PMS invests in individual company stocks, there is no fund entity between you and the securities. Each position is a direct equity holding in an operating company, which means the same logic that makes direct stocks PFIC-free applies here too.
The SEBI-mandated minimum investment for PMS is ₹50 lakhs (approximately $58,000 to $60,000 at current exchange rates). This puts PMS out of reach for many NRIs who are managing smaller balances in India. For those who do qualify, PMS gives access to actively managed portfolios with sector-specific or thematic strategies unavailable through passive ETFs.
For example, if Priya invests ₹80 lakhs in a PMS account and the manager holds Infosys and Bajaj Finance for 18 months, her gains when those positions are sold are long-term capital gains in the US. She pays 15%, not 37% plus interest.
US tax treatment mirrors direct stock treatment: standard capital gains rates apply. PMS management fees (typically 1% to 2% per year plus performance fees) do not change the tax character of the gains. FBAR filing applies to the underlying Indian accounts.
Best for: NRIs with ₹50 lakhs or more who want actively managed, PFIC-free India equity exposure with professional stock selection.
6. GIFT City IFSC Funds
Gujarat International Finance Tec-City (GIFT City) is India's International Financial Services Centre, regulated by IFSCA. Certain funds domiciled in the GIFT City IFSC are structured specifically for international investors, including US persons.
Some GIFT City funds have made elections under IRS Form 8832 to be treated as a transparent pass-through entity for US federal tax purposes. When a fund elects transparent treatment, each US investor is treated as directly holding their share of the underlying assets, which sidesteps PFIC classification at the fund level.
Not all GIFT City funds are PFIC-free. The fund's structure, its IRS elections, and its annual reporting to US investors vary by manager. Before investing, ask the fund directly: has it filed IRS Form 8832? Do US investors receive annual tax reporting that satisfies US disclosure requirements? If the fund manager cannot answer these questions clearly, treat the fund as a potential PFIC.
For the broader tax advantages of investing through the GIFT City corridor, see our article on GIFT City tax benefits for NRI investors.
Best for: High-net-worth NRIs who want active India fund-style exposure and can verify each fund's US tax structure before committing capital.
7. US Retirement Accounts with India ETF Exposure
If you hold US-listed India ETFs inside a traditional IRA, Roth IRA, or 401(k), the investment is PFIC-free for the same reason those ETFs are always PFIC-free. These are US-domiciled SEC-registered funds held in US-based accounts. The PFIC question does not arise.
The retirement account wrapper adds a significant tax advantage on top. In a traditional IRA or 401(k), your contributions may be tax-deductible, and gains grow tax-deferred until withdrawal. In a Roth IRA, contributions are after-tax, but qualified withdrawals, including all growth, are tax-free. ETFs like INDA or SMIN held in a Roth IRA produce zero capital gains tax on withdrawal, unlike holding the same ETF in a taxable brokerage account.
The 2026 IRA contribution limit is $7,500 per year ($8,600 if you are 50 or older, including the $1,100 catch-up contribution). The 401(k) elective deferral limit is $24,500 per year with additional catch-up contributions allowed for those 50 and older. These limits are set by the IRS and adjust periodically for inflation.
This option works only if you have US earned income and therefore qualify to contribute to a US retirement account. If you are already contributing to a 401(k) and it offers a broad-market international fund, check whether it includes India exposure as part of that allocation.
Best for: NRIs planning to stay in the US long term who want tax-advantaged India market exposure within an existing US retirement account.
What is best for you?
If you are new to the US or just starting to restructure, begin with NRE fixed deposits or US-listed India ETFs. Both are PFIC-free, require minimal setup, and give you real India exposure right away. If you want more depth, direct stocks via PIS or PMS give you active India equity exposure once your accounts are in place.
If you already hold Indian mutual funds, do not sell without first understanding your Section 1291 liability. If you need help with US-India cross-border tax planning or PFIC compliance, our NRI tax advisors specialize in exactly this.
Frequently asked questions
Can NRIs invest in Indian REITs or InvITs without triggering PFIC?
Indian REITs and InvITs are trust structures, not corporations. The PFIC definition under IRC Section 1297 applies to foreign corporations.
Whether Indian REITs or InvITs are treated as corporations for US tax purposes depends on their classification under the US check-the-box regulations.
Most cross-border tax advisors treat them with caution because the regulatory clarity is less established than for direct stocks or bank FDs. Consult a US-licensed CPA before investing in either structure.
If I hold below $25,000 in Indian mutual funds, do I still have a PFIC problem?
The IRS Form 8621 instructions include a de minimis exception: if your aggregate PFIC stock fair market value is $25,000 or less ($50,000 for married filing jointly), and you received no distributions and made no dispositions during the year, you may not be required to file Form 8621 for that year. This delays the filing obligation, but it does not erase the PFIC classification.
When you eventually sell, Section 1291 still applies to all accumulated gains. The exception is a filing relief, not a tax exemption.
Do I need to report US-listed India ETFs like INDA on Form 8621?
No. INDA, EPI, SMIN, and similar ETFs registered with the SEC are US-domiciled investment companies. They are not foreign corporations, so PFIC rules do not apply and Form 8621 is not required. You report them on Schedule D of your Form 1040, the same as any other US equity investment. Dividends go on Schedule B. There is no special PFIC reporting for US-listed funds.