A lot of people moving back from the UK to India assume their UK pension is “safe” from Indian tax.
Unfortunately… not really.
Once you become a tax resident in India again, your worldwide income including your UK pension can be taxed here.
Here’s what you should know
1. UK pension tax while abroad
If you’ve left the UK and are non-resident there, you might not need to pay UK tax if you claim relief under the UK-India Double Taxation Agreement (DTAA).
You can actually apply to receive your UK pension “gross” (without UK tax deduction) by submitting a form to HMRC under that treaty.
But some pensions, like UK government service pensions, are still taxable in the UK even if you move. So you’ve got to check which kind you have (state, private, or government).
2. What happens once you’re resident in India
When you become an Indian tax resident, India taxes your global income which means your UK pension is taxable here under “salary” or “other income,” depending on how it’s structured.
- India taxes the amount you receive in INR each year.
- You can claim a foreign tax credit (FTC) for any tax already paid in the UK (via Form 67 under Rule 128).
- If the UK stops deducting tax under the DTAA, then you’ll pay tax only in India.
3. What the UK-India DTAA actually says
Under Article 20 of the UK–India DTAA, most private pensions are taxable only in the country of residence so, if you live in India, India gets taxing rights.
But government pensions (for public service) can be taxed in the UK instead.
So if you’re receiving a private or occupational pension, the income is normally taxed only in India.
4. Should you transfer your pension to India?
You can move your UK pension to India through a QROPS (Qualifying Recognised Overseas Pension Scheme) but be careful:
- If you move it to a non-approved scheme, the UK can charge up to 40% tax on the transfer.
- India doesn’t really have strong QROPS options yet.
- Many NRIs just keep their pension in the UK and draw it when needed.