Records to collect
- Account opening and contribution history
- US tax statements and distribution records
- India travel and residence history
- Filed Form 40 (formerly Form 10EE) acknowledgement, if applicable
NRIs of the United States
401(k), IRA and Section 158 (formerly Section 89A) planning for US-based NRIs
A US retirement account is not automatically eligible for Indian tax deferral. Account type, notified-country status, the period when the account was opened, foreign taxation timing and Form 40 (formerly Form 10EE) facts must be tested before Section 158 (formerly Section 89A) is used.
Reviewed for Tax Year 2026-27 on 2026-08-25.
Open the Section 158 (formerly Section 89A) calculatorStart here
Three things to do before relying on an answer
1. Begin with your facts
Determine Indian residential status for each year
2. Keep the evidence ready
Account opening and contribution history • US tax statements and distribution records
3. Treat this as a planning path
Use the workflow and official links to verify the rule, form and date that apply to you.
Planning workflow
- 1Determine Indian residential status for each year
- 2Identify the exact account and US taxation point
- 3Run the Section 158 (formerly Section 89A) eligibility screen
- 4Reconcile distributions and credits in both countries
NRIs of the United States
Local records and terms to keep visible
- IRS federal return and state-return differences
- 401(k), IRA and other eligible retirement-account records
- USD-to-INR conversion and foreign-tax-credit evidence
Official sources for United States
Open the primary sources and verify the provision, form, treaty article and effective date that apply to your facts.
More answers for NRIs of the United States
Questions to answer before you act
A US retirement account is not automatically eligible for Indian tax deferral. Account type, notified-country status, the period when the account was opened, foreign taxation timing and Form 40 (formerly Form 10EE) facts must be tested before Section 158 (formerly Section 89A) is used.