Published 9 May 2026
Central Board of Direct Taxes Notification No. 25 of 2022 dated 4 April 2022 -- the current list of specified countries and specified accounts under section 89A; the United States 401(k) / Individual Retirement Account / Roth IRA / 403(b); the United Kingdom Self-Invested Personal Pension and Personal Pension Plan; the Canadian Registered Retirement Savings Plan; the gaps -- Singapore Central Provident Fund, Australian Superannuation, UAE End-of-Service Gratuity; and the petition route for additions
Taxpayer Brief
Section 89A applies only to specified accounts in specified countries. The Central Board of Direct Taxes has issued Notification No. 25 of 2022 dated 4 April 2022 setting out the current eligibility universe -- the United States, the United Kingdom, and Canada. Within each country, only specifically listed account types qualify. A Singapore Central Provident Fund (CPF), an Australian Superannuation Fund, a UAE End-of-Service Gratuity Fund, or a Hong Kong Mandatory Provident Fund -- all conceptually similar to the US 401(k) or UK SIPP -- are NOT currently eligible. The notification is dynamic -- the Central Board of Direct Taxes can add countries / account types in subsequent notifications, and practitioners should monitor changes. This article maps the current eligibility universe, the gaps, and the petition mechanism for adding accounts.
Complexity Matrix
Feature | Complexity Level | Primary Risk |
|---|---|---|
US 401(k) / IRA / Roth IRA / 403(b) | Low | Standard eligibility; section 89A applies |
UK SIPP / Personal Pension Plan | Medium | Eligible; verify specific instrument |
Canadian Registered Retirement Savings Plan | Medium | Eligible |
Singapore CPF / Australian Super / UAE Gratuity Fund | Very High | NOT currently eligible; full Indian taxation |
1. The Current Notification Universe
Country | Specified Accounts (per CBDT Notification 25/2022) | Notes |
|---|---|---|
United States | 401(k) plan; 403(b) plan; Individual Retirement Account (Traditional IRA); Roth IRA; SEP IRA; SIMPLE IRA; Solo 401(k); Section 457 plan; Thrift Savings Plan (federal employees) | Comprehensive coverage of major US retirement vehicles |
United Kingdom | Self-Invested Personal Pension; Personal Pension Plan; Stakeholder Pension; Workplace Pension Scheme | Most major UK pension vehicles covered |
Canada | Registered Retirement Savings Plan; Registered Retirement Income Fund; Tax-Free Savings Account; First Home Savings Account (post-2023) | Major Canadian retirement / savings vehicles |
Case Law Reference: The Notification 25/2022 framework Central Board of Direct Taxes Notification No. 25/2022 dated 4 April 2022 was the foundational notification under section 89A -- it set out the initial specified-country and specified-account list. Subsequent Central Board notifications (none yet issued through Tax Year 2025-26) may add countries or account types. The notification framework gives the assessee the right to the deferral only for the specifically-listed accounts; non-listed accounts (Singapore CPF, Australian Super, etc.) remain on the accrual-basis Indian taxation -- the very pre-89A double-trap that section 89A was designed to fix. [VERIFY: monitor BharatTax case-law database for any subsequent CBDT notifications expanding the eligibility list.] |
2. The Significant Gaps
Foreign Retirement Vehicle | Country | Reason for Gap |
|---|---|---|
Central Provident Fund (CPF) | Singapore | Singapore is not currently a specified country under Notification 25/2022 |
Superannuation Fund | Australia | Australia is not currently a specified country |
End-of-Service Gratuity Fund | UAE | UAE is not currently a specified country (despite being a major Indian Non-Resident Indian destination) |
Mandatory Provident Fund (MPF) | Hong Kong | Hong Kong is not currently a specified country |
Public Service Pension Scheme | Various Asian / European countries | Not currently specified |
Insurance-linked retirement vehicles in non-specified countries | Various | Not specified |
Why Singapore CPF and UAE are notable gaps Singapore is the major destination for Indian software / banking / consulting professionals; the Central Provident Fund is the standard mandatory retirement-savings vehicle. United Arab Emirates is the major destination for Indian engineering / construction / hospitality professionals; the End-of-Service Gratuity is the standard retirement payout. Both are conceptually similar to the US 401(k) and UK SIPP. Their current absence from Notification 25/2022 means thousands of returning Indian Non-Resident Indians from Singapore / UAE face the same pre-89A double-trap that the legislative scheme was designed to fix. Petition activity for adding these countries to the notification is ongoing through professional bodies; practitioners should monitor for changes. |
3. The Petition Route for Adding Specified Accounts
Section 89A authorises the Central Government, through the Central Board of Direct Taxes, to notify additional countries and accounts. Industry associations (Institute of Chartered Accountants of India, Federation of Indian Chambers of Commerce and Industry, NRI professional bodies) have made representations for adding Singapore CPF, Australian Superannuation, UAE End-of-Service Gratuity, Hong Kong Mandatory Provident Fund. The decision is administrative; the Central Board's approach has been cautious -- additions are made when the foreign country's regime is sufficiently similar to the existing specified-country regimes and the bilateral information-exchange framework (typically through Double Taxation Avoidance Agreement) is robust enough to verify the underlying tax treatment in the foreign country.
4. The Workaround for Non-Specified-Country Accounts
Where the foreign retirement account is in a non-specified country (Singapore CPF, Australian Super, etc.), section 89A is unavailable. The returning Non-Resident Indian must rely on the alternative planning routes -- (i) the RNOR window (HNI-04) -- repatriate / withdraw during the 2-3 year RNOR period before becoming Resident and Ordinarily Resident; (ii) Foreign Tax Credit through Form 67 -- claim credit for the foreign-country tax on the eventual withdrawal; (iii) timing of withdrawal -- align the foreign-country withdrawal year with the Indian Resident year if Foreign Tax Credit is being relied upon; (iv) advisory note in the Income Tax Return that the foreign retirement account is being included on accrual basis (transparent disclosure as opposed to the section 89A deferred basis).
5. Worked Example -- Singapore CPF Returnee
Mr. Suresh returned to India from Singapore in 2024 after fifteen years. His Singapore Central Provident Fund Account balance is approximately SG$ 600,000 (₹3.6 crore). The CPF earned approximately SG$ 30,000 (₹1.8 lakh per month basis) of interest in Tax Year 2025-26. Singapore taxes CPF interest at 0% (CPF is tax-favoured in Singapore). India treats Mr. Suresh as Resident and Ordinarily Resident from Tax Year 2027-28 onwards (post 3-year RNOR window).
Year | Mr. Suresh's Status | Singapore CPF Treatment |
|---|---|---|
Tax Year 2024-25 (year of return) | Resident but Not Ordinarily Resident | Pure foreign-source income excluded from Indian charge per RNOR scope |
Tax Year 2025-26 | RNOR (still within 2-year window) | Excluded |
Tax Year 2026-27 | RNOR (final year) | Excluded |
Tax Year 2027-28 onwards | Resident and Ordinarily Resident | Full Indian global income; CPF interest (~SG$ 30,000) NOW Indian-taxable annually (since Singapore not specified country, section 89A unavailable) |
Annual Indian tax burden from Tax Year 2027-28 onwards | Approximately ₹6 lakh per year on the CPF accrual at 30% slab + 4% Cess |
The pre-89A double-trap revisited Mr. Suresh faces the very pre-89A double-trap that section 89A was designed to eliminate -- annual Indian tax on CPF accrual that Singapore does not tax. Without Singapore being added to the specified-country list, his options are limited. Practical mitigation -- (i) consider partial CPF withdrawal during the RNOR window (subject to Singapore's CPF withdrawal rules; typically possible at age 55+); (ii) deploy the withdrawn corpus into Indian SCSS / POMIS / equity SWP per the bucket strategy; (iii) lobby through professional associations for Singapore addition to Notification 25/2022. |
6. Practitioner Documentation Discipline
- Verify the foreign retirement account against the Notification 25/2022 specified-account list -- account type, foreign-country designation, foreign-institution name.
- Where eligible, file Form 10-EE per HNI-02 mechanics.
- Where ineligible (Singapore CPF, Australian Super, UAE Gratuity, Hong Kong MPF), document the accrual-basis Indian tax position with supporting working.
- Schedule FA disclosure -- mandatory regardless of section 89A eligibility.
- Foreign Tax Credit through Form 67 on eventual withdrawal -- maintain timeline alignment.
- Monitor CBDT notifications for additions to the specified-country list.
7. Key Takeaways
- CBDT Notification 25/2022 dated 4 April 2022 is the foundational notification -- US / UK / Canada are currently specified countries.
- US 401(k) / 403(b) / Traditional IRA / Roth IRA / SEP IRA / SIMPLE IRA / Solo 401(k) / 457 plan / Thrift Savings Plan eligible.
- UK Self-Invested Personal Pension / Personal Pension Plan / Stakeholder / Workplace eligible.
- Canadian RRSP / RRIF / TFSA / FHSA eligible.
- Singapore CPF, Australian Superannuation, UAE Gratuity, Hong Kong MPF -- NOT currently eligible; pre-89A double-trap continues.
- Petition activity for adding additional countries; monitor CBDT notifications for changes.
Disclaimer: This article is for general information only. It does not constitute tax / legal advice. Please consult a qualified Chartered Accountant or tax practitioner for advice specific to your circumstances. The legal position is current as of FA 2024 (No. 2) / FA 2025; subsequent amendments and CBDT notifications may modify the position.