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ompendium on

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Ministry of Overseas Indian Affairs

Indians

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Disclaimer This book has been compiled/summarised from information available in official documents/circulars/websites of the Govt. of India, RBI, information received from various States and other reliable sources. Every possible care has been taken to provide current and authentic information. The Compendium on Policies, Incentives and Investment Opportunities for Overseas Indians is intended to serve as a guide to them and does not purport







































Vayalar Ravi

Ministry of Overseas Indian Affairs

Foreword

1 ndia has transformed into a prosperous, dynamic and cosmopolitan country. Technological advances have made India an attractive investment destination. Manufacturing, backend operations and other low-cost industries are being relocated to India. The country is boldly opening itself up to foreign trade and investments, and liberalizing its hitherto previously protected domestic market. India continues to be a land of opportunity at the heart of a resurgent Asia. Our fundamentals are an effective government that exercises fiscal prudence and formulates sound fiscal policies and a strong society founded on the time-tested principles of meritocracy, religious freedom and racial harmony. This book is intended to provide a ready guide to the Overseas Indians. Special attention has been given to the information likely to be sought by Overseas Indians in their interface with their home country. An attempt has been made to consolidate relevant provisions, rules and regulations and present them subject wise in a simple way. I hope this Compendium will help in guiding the Overseas Indians in their efforts to establish business ties with India.













































































2HAB=?A

)n important service that the Ministry of Overseas Indian Affairs is striving to extend to the Overseas Indians is that of investment services to enable potential Overseas Indian Investors to benefit from Indias rapidly growing economy. As a first step we are bringing out this Compendium for Overseas Indians in which we have attempted to compile the relevant information which an Overseas Indian may require in his initial efforts to establish his business ties with India. The Compendium contains the latest information and has been updated till November 2006 by bringing important but otherwise scattered information from the latest press notes, RBI master circulars, Economic Survey, FDI Manual of DIPP etc. at one place. The language of the book has been simplified by summarising the technicalities and details of rules for the comprehension of the general Overseas Indian. We would welcome suggestions for improving this book in the next edition.

















































































Contents Tax T ax Incentives for Non-Residents H

Residential Status for Tax Purposes

2

H

Chargeable Income

8

H

Special Provisions Relating to Certain Income of NRIs

11

H

Exemptions from Income Tax

12

H

Exemptions from Wealth Tax

13

H

Exemptions from Gift Tax

13

H

Presumptive Tax Provisions

15

H

Tax Incentives for Industries

17

H

Authority for Advance Rulings

18

H

Double Tax Avoidance Agreements (DTAA)

20

Foreign Exchange Management Act Relating to Non-Residents H

Impo Import rtan antt Conc Concep epts ts und under er For Forei eign gn Exc Excha hang ngee Mana Manage geme ment nt Act Act,, 1999 1999

22

H

Facilities Av Available to to Re Returning In Indians an and Ba Baggage Ru Rules

39

H

Bank Accounts of Non-Residents

58

H

Foreign Direct Investment

74

H

Portfolio Investment Scheme

107

H

Immovable Properties

113

H

Loans & Overdrafts

123

H

Remittance fa facilities for NRIs/PIOs an and Foreign Na Nationals

129

Other Important Matters H

Overseas Citizenship of India (OCI)

132

















































































T

ax Incentives for









































Compendium on Policies, Incentives and Investment Opportunities for Overseas Indians

Tax Incentives for Non-Residents Residential Status for Tax Purposes In India, as in many other countries, the charge of income tax and the scope of taxable income varies with the factor of residence. There are two categories of taxable entities viz. (1) residents and (2) non-residents. Residents are further classified into two subcategories (i) resident and ordinarily resident and (ii) resident but not ordinarily resident. The law prescribes two alternative technical tests of residence for individual taxpayers. Each of the two tests relate to the physical presence of the taxpayer in India in the course of the previous year which would be the twelve months from April 1 to March 31. A person is said to be resident in India in any previous year if he a. is in in India India in in that that year year for an an aggreg aggregate ate period of 182 days or more; or b. having having with within in the the four four years years prec precedi eding ng

cases: (i) where an Indian citizen leaves India in any year for employment outside India; and (ii) where an Indian citizen or a foreign citizen of Indian origin (NRI), who is outside India, comes on a visit to India. In the above context, an individual visiting India several times during the relevant previous year should note that judicial authorities in India have held that both the days of entry and exit are counted while calculating the number of days stay in India, irrespective of however short shor t the time spent in India on those two days may be. A non-resident is merely defined as a person who is not a  resident resident i.e. one who does not satisfy either of the two prescribed tests of residence. An individual, who is defined defin ed as Resident in a given financial year is said to be not ordinarily resident in any previous year if he has been a non-resident in India in 9 out of











































Tax Incentives for Non-Residents

for a period of, or periods amounting in all to, 730 days or more. Section 6 of the Income-tax Act, 1961, prescribes the tests for determining the residential status of a person. Section 6, as amended, reads as follows: f ollows: For the purposes of this Act 1. An ind indiv ivid idua uall is said said to be be resident in India in any previous year, if he a. is in Indi Indiaa in in that that year year for a peri period od or or periods amounting in all to one hundred and eighty-two days or more; or b. [* * *] c.

havi having ng with within in the the fou fourr yea years rs preceding that year been in India for a period or periods amounting in all

b. being being a citi citizen zen of India India,, or a person person of Indian origin within the meaning of Explanation to clause (e) of section 115C, who, being outside India, comes on a visit to India in any previous year, the provisions of sub-clause (c) shall apply in relation to that year as if for the words sixty days, occurring therein, the words one hundred and eighty-two days had been substituted. 2. A Hindu Hindu Undiv Undivide ided d Fami Family ly (HUF) (HUF),, Firm Firm or other Association of Persons (AOP) is said to be resident in India in any previous year in every case except where during that year the control and management of its affairs is situated wholly outside India. 3. A company company is said said to be be resid resident ent in India India in any previous year, if












































DETERMINATION OF RESIDENTIAL STATUS OF AN ASSESSEE UNDER THE INCOME TAX ACT The Tests for determining the Residential status of an assessee under the Income Tax Act can be explained with the help of Flow Charts as follows:












































DETERMINATION OF RESIDENTIAL STATUS OF HUF FIRM AOP COMPANY












































6. A person person is said said to be be not not ordina ordinarily rily resident in India in any previous year if such person is a. an indi indivi vidu dual al who who has has not been been a non-resident in India in nine out of the ten previous years preceding that year, or has not during the seven previous years preceding that year been in India for a period of, or periods amounting in all to, seven hundred and twenty-nine days or less; or b. a Hind Hindu u Undi Undivi vide ded d Fam Famil ilyy whos whosee manager has not been non-resident in India in nine out of the ten previous years preceding pr eceding that year, or has not during the seven previous years preceding that year been in India for a period of, or periods

days, will not lose his non-resident status in the following year(s) year( s) if his total stay in India in that year (from April 1 to March 31) does not exceed: a.

181 181 days days,, if he he is on a vis visit it to Indi India; a; or

b. 59 day days, s, if if he come comess to to Indi Indiaa on transfer of residence. residence. 3. An NRI NRI who who has has retu returne rned d to India India for for settlement, whose total stay in India for 4 preceding years does not exceed 364 days will not lose his non-resident status in the following year(s) year( s) if his total stay in India in such year(s) (from April 1 to March 31) does not exceed 181 days. 4. A new-com new-comer er to Indi Indiaa would would be trea treated ted as not ordinarily resident for the first two years of his stay in India or if treated












































Important Points to be Borne in Mind While Determining the Residential Status of an Individual a. Resident Residential ial status status is always always determi determined ned for the Previous Previo us Year Year because the assessee has to determine the total income of the Previous Previou s Year Year only. In other words, as the th e tax is on the income of a particular Previous Year, the enquiry and determination of the residence qualification must confine to the facts obtaining in that Previous Year. ear. b. If a pers person on is is resid resident ent in in India India in in a Previous Year Year in respect of any a ny source of income, he shall be deemed to be resident in India in the Previous Year relevant to the Assessment Year in respect of each of his other sources of Income. [Section 6(5)]

grand parents was born in undivided India [Section 115C] i. Offici Official al tour tourss abroa abroad d in in conne connect ction ion with with employment in India shall not be regarded as employment outside India. j. A perso person n may may be resid resident ent of more more than than one country for any Previous Year. k. Citizens Citizenship hip of a country country and resident residential ial status of that country are two separate concepts. A person may be an Indian national/Citizen but may not be a resident in India and vice versa.

Points to be considered by NRIs H

Previous Year Year is period of 12 1 2 months from 1st April to 31st March. Number of days stay in India is to be counted during this period.














































number of days stay in the current and in the preceding seven (7) previous years. H

H

In the 1st year of leaving India for employment outside India, ensure that you leave before 29th September. Otherwise total income of the financial year (including the foreign income) will be taxable in India if it exceeds the basic exemption limit. During the last year of stay abroad, on transfer of residence to India, ensure to

2. For For exem exemptio ption n of income income tax tax in in respect respect of NRE and FCNR deposits investor should be non-resident under FEMA. 3. The spec special ial tax tax rate rate conce concessi ssions ons on on income and long-term capital gains on specified assets, purchased in convertible foreign exchange are available to nonresidents under the Income-Tax Act.

Chargeable Income Section 5 of the Income-tax Act lays down














































TABLE Sources of Income

R & OR

R & NOR

NR

Taxable in India

Taxable in India

Taxable in India

Taxable in India

Taxable in India

Taxable in India

Indian Income

Income

received

or

deemed to be received in India during the current financial year. Income accruing or arising or deemed to accrue or arise in India during the current financial year.














































2. Subject Subject to the the provi provision sionss of this this Act, Act, the total income of any previous year of a person who is a non-resident includes all income from whatever source derived which a. is rece receiv ived ed or is deem deemed ed to be received in India in such year by or on behalf of such person; or b. accr accrue uess or ari arise sess or is is deem deemed ed to to accrue or arise to him in India during such year.

regard to the three categories of taxpayers can be summarised as follows: 1. Taxpayers axpayers in in all categorie categoriess are chargeable chargeable on income, from whatever source derived, which is received or is deemed to be received in India by or on behalf of them or which accrues or arises or is deemed to accrue or arise to them in India other than income specified as exempt income. In the above context, it may be noted














































tax, for a period of two years, on the interest on: a. the the cont contin inue ued d For Forei eign gn Curr Curren ency cy Non-Resident (FCNR) account; b. the the Resi Reside dent nt For Forei eign gn Curr Curren ency cy (RFC) account; and c.

on inco income me earn earned ed from from fore foreig ign n sources unless such income is directly received in India or is earned from a business controlled in or a profession set up in India.

gains on transfer of any foreign exchange asset held by the NRI/PIO. In order to qualify for long-term capital gains, the minimum holding period for shares held in a company or any other security listed in a recognised Stock Exchange in India or units of Unit Trust of India or of a specified Mutual Fund is 12 months and for other assets it is 36 months. Long-term capital gains on foreign exchange assets are, ho however wever,, exempted from tax if the net proceeds realized on transfer transf er are














































The tax concessions in respect of investment income (and not long term capital gain) will continue to apply even after the NRI/PIO returns to India but such exemption would be available only in respect of foreign exchange assets other than shares in Indian companies and the exemption will continue until such time as the assets are transferred or converted into money. However, as dividend is exempt income from 1st April 2003, exclusion of shares from said provision is redundant.

acquisition, expenses incurred in connection with such transfer and the sale price of the capital asset into the same foreign currency as was initially used in the purchase of these assets and the capital gain so computed in such foreign currency will be reconverted into Indian currency. This computation effectively gives the NRI/PIO the benefit of claiming exchange loss, if any, on all capital gains arising from sale of shares or debentures debentures of Indian companies, whether these are long term or short term. It may be noted no ted that the
















































bonds and savings certificates (subject to conditions prescribed under the Incometax laws and regulations). Divid Dividend end decla declared red by Indian Indian

productive assets like urban land, buildings (except one house property), jewellery, bullion, vehicles, and cash over Rs.50,000/etc. The current rate of Wealth-tax Wealth-tax is 1 % on on
















































original gift is not clubbed and this will constitute the separate wealth/income of the donee spouse.

under that head Income from other sources for and from assessment year 2005-06 and onwards.

Generally, the income of minor children,

However, However, the above provisions will not apply
















































H

a Hindu Undivided Family, would not

However, a non-resident assessee has the

constitute income in its hands.

option to maintain books of account and get

The provision would apply to an

his books of account audited u/s 44AB (Tax (Tax Audit) and offer lower profits and gains for
















































Business of Providing Services and Facilities in Connection with Exploration etc. of Mineral Oils (Section 44BB)

Profits and Gains of Foreign Companies Engaged in the Business of Civil Construction or Erection of Plant and Machinery or Testing or
















































for various permissible expenses and allowances.

Section 44DA does not permit

Infrastructure Sectors Deduction of 100% of the profits from business for a period of 10 years for:



























































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































Facilities Available to Returning Indians Foreign and Direct Baggage Investment Rules

Appendix  D (See rule 6) (1)

a

Articles allowed free of duty (2)

India Indian n pass passeng enger er who has has bee been n res residi iding ng abroad for over one year.

i

Jewe Jewell ller ery y upt upto o an an agg aggre rega gate te valu value e of of Rs. 10,000 by a gentleman passenger, passenge r, or

ii

Upto Upto aggr aggreg egat ate e valu value e of of Rs. 20,00 20,000 0 by by a lady passenger.








































Appendix  E (See rule 7) (1)

a

Articles allowed free of duty (2)

Tourist ourists s of Indian Indian origin origin other other than than those those coming from Pakistan by land route.

i a b

ii

b

Tourist ourists s of forei foreign gn orig origin in othe otherr than than those of Nepalese origin coming from Nepal or of Bhutanese origin coming Bhutan or of Pakistani origin coming from Pakistan.

i a i

ii

c

Touri ourist sts s of Nep Nepale alese se ori origi gin n comi coming ng fro from m Nepal or of Bhutanese origin coming from Bhutan.

d

Tourist ourists s of Pakist Pakistani ani origin origin or fore foreign ign tourists coming from Pakistan or tourists of Indian origin coming from Pakistan by land route.

used used pers person onal al effe effect cts s and and trav travel el souvenirs, ifthese these goods goods are are for for perso personal nal use of the tourist, and these these goods, goods, other other than than those those consum consumed ed during the stay in India, are re-exported when the tourist leaves India for a foreign destination. articl articles es as allowe allowed d to to be be clea cleare red d unde underr rule 3 or rule 4. used used pers person onal al effe effect cts s and and trav travel el souvenirs, ifthese these goods goods are are for for perso personal nal use of the tourist, and thes these e goo goods ds,, oth other er than than thos those e con consu sume med d during the stay in India, are re-exported when the tourist leaves India for a foreign destination. articl articles es up to a valu value e of of Rs. Rs.8,0 8,000 00 for for making gifts. No free allowance.

i a b

ii

used used pers person onal al effe effect cts s and and trav travel el souvenirs, if these these goods goods are are for for perso personal nal use of the tourist, and these these goods, goods, other other than than those those consum consumed ed during the stay in India, are re-exported when the tourist leaves India for a foreign destination. articl articles es upto upto a value value of Rs.6, Rs.6,000 000 for for making gifts.








































Appendix  F (See rule 8) Articles allowed free of duty

Conditions

Used personal and 1 household articles, other than those listed at Annex. I or Annex. Annex. II, but including the article listed at Annexure III and jewellery upto ten thousand rupees by a gentleman passenger or rupees twenty thousand by a lady passenger.

M in ini mu mum st stay of tw o years abroad, immediately preceding the date of his arrival on TR,(2) total stay in India on short visit during the 2 preceding years should not exceed 6 months, and(3) passenger has not availed this concession in the preceding three years.

Jewellery taken out earlier by the passenger or by a member of his family from India.

Satisfaction of the Asstt. Commissioner of Customs regarding the jewellery having been taken out earlier from India.

Relaxation that maybe considered

1. For condition (1) Shortfall of upto 2 months in stay abroad can be condoned by Assistant Commissioner of Customs or Deputy Commissioner of Customs if the early return is on account of: i terminal leave or vacation being availed of by the passenger; or(ii) any other special circumstances. b (2) For condition Commissioner of Customs may condone short visits in excess of 6 months in deserving cases. c For condition (3) No relaxation –








































Annexure I

1. Firearms. 2. Cartridg Cartridges es of fire arms exceed exceeding ing 50. 3. Cigare Cigarette ttess excee exceedin dingg 200 or cigar cigarss exceeding 50 or tobacco exceeding 250 gms.

4. Alcoholi Alcoholicc liquor liquor and wines wines in in exce excess ss of two litres. 5. Gold Gold or silv silver er,, in any any form, form, other other than than ornaments.

Annexure II

1. Colour Colour Telev Televisio ision n or Monochrome Monochrome Television.

a

Telev elevis isio ion n Rece Receiv iver er;;

b

Soun Sound d reco record rdin ingg or rep repro rodu duci cing ng apparatus;

c

Video ideo repr reprod oduc ucin ingg appa appara ratu tus. s.

2. Digit Digital al Vid Video eo Disc Disc Playe Playerr. 3. Video ideo Hom Homee Theat Theatre re Sys System tem.. 4. Dish Dish Was Washe herr.

11. Word Processing Machine. Machine.

5. Mu Musi sicc Syst System em..

12. Fax Machine. Machine.

6. Air Air -Con -Condi diti tion oner er..

13. Portable Portable Photocopying Photocopying Machine. Machine.

7. Domesti Domesticc refrige refrigerato rators rs of of capaci capacity ty above above 300 litres or its equivalent.

14. Vessel. essel.

8. Deep Deep Freez reezer er..

16. Cinematographic Cinematographic films films of 35 mm and above.

9. Micr Microw owav avee Ove Oven. n. 10. Video camera or the combination combination of any such video camera with one or more of the following goods, namely:

15. Aircra Aircraft. ft.

17. Gold or Silver Silver,, in any form, other than ornaments








































Annexure III

1. Video Cassette Cassette Recorder Recorder or Video Video Cassette Player or Video Television Receiver or Video Cassette Disk Player. 2. Washi ashing ng Mach Machin ine. e. 3. Electri Electrical cal or Lique Liquefie fied d Petr Petrole oleum um Gas Gas Cooking Range 4. Personal ersonal Computer Computer (Desktop (Desktop Computer Computer)) 5. Laptop Laptop

Comput Computer er

(Noteb (Notebook ook

Computer) 6. Domesti Domesticc Refrige Refrigerato rators rs of of capacit capacityy up to 300 litres or its equivalent.

Notification No. 30/98- Cus.(N.T.), dated 2-6-1998 as amended by Notification No. 29199-Cus (N.T.), dated ll-5-1999, Notification No. 50/2000-Customs (N.T.), (N.T.), dated 9-8-2000, Notification No.ll/2002Customs (N.T) dated 01/03/2002, Notification No. 5/2004 Customs (N.T) dated 8th January, 2004, Notification No. 1112004- Customs Custo ms (N.T) dated 8th January, 2004, Notification No. 13/2004- Customs (N.T) dated 3rd February, 2004 and Notification No. 33/2004-Customs (N.T) dated 3rd February, 2004.










































Bank Accounts of Non-Residents Types of Non-Resident Bank B ank Accounts Bank Accounts of non-residents may be classified on the basis of: H

Repatriation facility, and

H

Currency of account

On the basis of repatriation facility, there shall be two types of accounts namely ordinary accounts without any repatriation facilities and external accounts with full repatriation repatriation rights. On the basis of currency of account, non-residents can maintain their accounts either in Indian rupees or in designated foreign currencies. The non-repatriable account is the Non Resident Ordinary Account (NRO), though the interest is repatriable after the correct tax

Non-Repatriable Accounts Ordinary NRO Accounts in Rupees It is mandatory for a person to get all his bank accounts redesignate as NRO accounts within a reasonable limit when he becomes an NRI. Many ignore this requirement. Fresh accounts may be opened with authorised dealers or some designated post offices in India when the person is in India on holidays or short tour. The account can be freely operated by the account holder or the joint holder (who can be a resident) for bonafide transactions. The corpus in this account is understandably non repatriable but the interest thereon is, only after correct tax thereon is paid or arranged to be paid. When the individual once again becomes a Resident in India, NRO accounts should be redesignated as resident rupee accounts.

is paid thereon. The NRI related accounts with repatriation

Opening of an account










































available exchange to any person resident in India against reimbursement in rupees or in any other manner. 3. At the time time of the the open opening ing of the the account, the account holder should furnish an undertaking to the authorised dealer/authorised bank with whom the account is maintained that in the case of debits to the account for the purpose of investment in India and credits representing sale proceeds of investments, he will ensure that such investments/disinvestments will be in accordance with the regulation made by Reserve Bank in this regard. Notes H

H

Opening of account by individuals/ entities of Bangladesh/Pakistan nationality/ownership nationality/ownership requires approval of Reserve Bank. Post offices in India may maintain saving bank accounts in the names of persons resident outside India and allow operations on these accounts subject to the same terms and conditions as are applicable to NRO accounts maintained with an

laid down in the directives issued by Reserve Bank in regard to resident accounts shall apply to NRO accounts as well. Operation of Accounts

A resident power of attorney (POA) holder can operate the NRO Account on behalf of the non-resident account holder ho lder.. Regulations governing NRE account scheme specifically prohibit the resident POA holder from repatriation outside India of funds held in NRE account or make payment by way of gift to a resident on behalf of the account holder. There is no such specific prohibition in case of NRO account scheme; however, it is advisable advisable to approach RBI for the guidance in the matter. matter. There are not many restrictions on operations of these accounts and the undernoted debit and credit transactions are allowed in these accounts. Credits

i. Procee Proceeds ds of of remi remitt ttanc ances es rece receiv ived ed in in any any permitted currency from outside India through normal banking channels or any permitted currency tendered by the










































Debits

i. All local local paymen payments ts in rupees rupees includ including ing payments for investments subject to compliance with the relevant regulations made by the Reserve Bank in this th is behalf. ii. ii. Remittanc Remittancee outsid outsidee India India of current current income in India of the account holder net of applicable taxes. Remittance of Funds held in NRO Accounts

Balances in NRO accounts are not eligible for remittance outside India without approval of Reserve Bank. Funds received by way of remittances from outside India in foreign exchange which have not lost their identity as remittable funds will only be considered by Reserve Bank for remittance outside India. Remittance of assets by NRI/PIO

NRls/PIOs are permitted to remit through an Authorised Dealer, an amount not exceeding USD One million per calendar year, out of balances held in the NRO account representing the sale proceeds of assets (a) acquired in India out of rupee/foreign

immovable property purchased by him as a resident or out of rupee funds as NRI/PIO. Other financial assets

For remittance of sale proceeds of financial assets, there is no lock-in-period. Assets Acquired by way of Inheritance/ Legacy or Settlement For remittance of sale proceeds of assets, both financial and immovable property acquired by way of inheritance/legacy or settlement from a person who was resident in India there is no lock-in-period. NRI/PIO may submit to the satisfaction of Authorised Dealer documentary evidence in support of inheritance/legacy inheritance/legacy or settlement. settlement. Remittance of Assets out of NRO Account by a Person Resident Outside India other than NRI/PIO A citizen of a foreign state not n ot being a citizen of Pakistan, Bangladesh, Nepal or Bhutan who 

i

has reti retire red d from from an empl employ oyme ment nt in Indi India, a, or

ii has inheri inherited ted asset assetss from from a pers person on who was resident in India, or










































Restrictions The facility of remittance of sale proceeds pro ceeds of immovable property to a citizen of Pakistan, Bangladesh, Sri Lanka, China, Afghanistan,

Iran, Nepal and Bhutan is not available. The facility of remittance of sale proceeds of other financial assets is not available to a citizen of Pakistan, Bangladesh, Nepal and Bhutan. Change of Residential Status Bank Account

overdraft facilities facilitie s while resident in India and who subsequently becomes a person resident outside India, the authorised dealer may at his discretion and commercial judgement, allow continuance of the loan/overdraft facilities. In such cases, payment of interest and repayment of loan may be made by inward remittance or out of legitimate resources in India of the person concerned. Payment of funds to Non-resident Nominee

(a) From Resident to to Non-resident Non-resident

The amount due/payable to non-resident

When a person resident in India leaves l eaves India for a country (other than Nepal or Bhutan) for taking up employment, or for carrying on business or vocation outside India or for any other purpose indicating his intention to stay outside India for an uncertain period, his existing account should be designated as a Non-Resident (Ordinary) Account.

nominee from the account of a deceased

(b) From Non-resident to Resident

opened by a foreign national of non-Indian

NRO accounts may be re-designated as resident rupee accounts on return of the account holder to India for taking up employment, or for carrying on business or

origin visiting India, with funds remitted

account holder, shall be credited to NRO account of the nominee with an authorised dealer/ authorised bank in India. Foreign Nationals of Non-Indian Origin on a Visit to India

NRO account (current/savings) can be

from outside India through banking channel or by sale of foreign exchange brought by him to India. The balance in the NRO account










































Repatriable Accounts Non Resident (External) Rupee Account (NRE Accounts) NRIs and PIOs, are eligible to open NRE Accounts. These are rupee denominated accounts. Accounts can be in the in the form of savings, current, recurring or fixed deposit accounts. Accounts can be opened by remittance of funds in free foreign exchange. Foreign exchange brought in legally, repatriable incomes of the account holder, etc. can be credited to the account. Joint operation with other NRIs/PIOs is permitted. Power of attorney can be granted to residents for operation of accounts for limited purposes. The deposits can be used for all legitimate purposes. The balance in the account is freely repatriable. Interest is lying to the credit of NRE accounts is exempt from tax in the hands of the NRI. Funds held in NRE accounts may be freely transferred to Foreign Currency Non Residents (FCNR) accounts of the same account holder. Likewise, funds held in

the form of savings, current or term deposit accounts. Opening of NRE Accounts jointly in the names of two or more non-residents is permitted provided all the account holders are persons of Indian nationality or origin. For opening these accounts, the funds are required to be remitted to India through any an y bank from the country of residence of the prospective account holder. The account holder has to furnish an undertaking on the account opening form that he would promptly send intimation to his bank if and when he returns to India for permanent residence. Advantages Non-Residents can enjoy the following advantages by maintaining NRE Accounts:

1. Term depo deposit sitss for one one year year and above above made by non-residents carry interest at rates higher than those available to residents in India. 2. The interest interest on deposits deposits and any other other income accruing on the balances in the accounts are free of Indian Income-tax. 3. The bala balance ncess in the the accoun accounts ts are are free free of












































interest earned thereon) can be repatriated outside India at any time without reference to Reserve Bank. 6. Local Local disb disburse ursement ment from the account accountss can be made freely. 7. Purchase Purchase of of Units Units of Unit Trust of India India (UTI), Mutual Funds, Central and State Government Securities and National Plan/Savings Certificates can be made freely from the balances in these accounts. 8. Sale Sale proceeds proceeds/ma /matur turit ityy proceeds proceeds/ / repurchase price of Units of UTI, securities or certificates originally purchased out of the funds in the accounts can be freely credited to these accounts by banks, without reference to Reserve Bank. 9. Account Account holders holders are supplied supplied special special

person with a person resident in India is not permitted under NRE Scheme. Non-resident account holders can grant power of attorney or such other authority to residents in India for operating their NRE Accounts in India. Such authority is however, restricted to withdrawals for local payments and remittance to the account holder himself. In cases where the account holder or a bank designated designa ted by him is eligible to make investment in India, the Power of Attorney holder is permitted by the AD/bank to operate the account to facilitate such investment. RBI has permitted banks/ authorised dealers to allow remittance abroad to the non-resident account holder by his constituted attorney under a specific power in this regard. The resident power of attorney holder cannot repatriate funds held in accounts outside India under any












































The initial deposit in NRE account can be made in any of the following manners  H

By proceeds of foreign exchange remittances from abroad through banking channels in an approved manner.

H

By proceeds of foreign currency notes and traveller cheques brought into India by non-resident while on a temporary visit to India.

H

By transfer from an existing NonResident (External) FCNR account of the same person.

Operation of Accounts

There are certain restrictions on operation of NRE accounts and Form A2/ A4 are to be completed for a few transactions. These forms may be completed either by the

Transactions where Form A4 is to be completed. H

Proceeds of foreign exchange remittances, drafts, personal cheques, etc., in the name of the of the account holder.

H

Proceeds of foreign currency travellers, cheques, drafts and personal cheques drawn by account holder on a foreign currency account maintained abroad by him (including instruments expressed in Indian rupees for which reimbursement reimbursement will be received in foreign currency or in rupees from the account of a nonresident bank) deposited by account holder during his temporary visit to India; provided authorised dealer is satisfied that the account holder is still ordinarily resident abroad, the travellers cheques/drafts cheques/drafts are standing in the name












































and (iii) above should be endorsed on the reverse of Currency Declaration Form (CDF), wherever applicable. A photocopy of CDF should be kept on record by authorised dealer. H

Foreign currency notes/bank notes and travellers cheques cheq ues tendered by Power of Attorney Attorney holder of any person other than account holder, holder, should not n ot be credited to NRE Account.

H

Form A4 is to be completed only for transactions of Rs. 1,00,000 or above.

Other Credits H

Refund of share/debenture subscriptions to new issues of Indian companies or portion thereof, if the amount of subscription was paid from the same account or from other NRE/FCNR

pension, interest, etc., of NRI can be credited to NRE Account by authorised dealer, if the credit represents current income of the NRI account holder and income tax thereon has been deducted/ paid/provided for, as the case may be. If NRI/PIOs do not have a taxable income in India, then a simple declaration, in duplicate, from the NRls/PIOs to the effect that he/ she is not a tax-payer in India, is to be submitted to the authorised dealer. Debits in the Account, i.e. amounts that can be withdrawn from the account

Transactions where Form A4 is not to be completed. H

All local payments except for purposes of investment.












































Note:

Form A4 is required to be filled in and retained for scrutiny by auditors of banks. Transaction required to be reported on Form A2

In respect of funds held in fixed deposits in NR(E) Accounts, interest will be payable at the rate originally fixed, provided the deposit is held for the full term, even after conversion into resident account.

H

Remittances abroad.

International Credit Cards

H

Sale of foreign currency, traveller cheques etc. to account holder himself or his requiring provided that they hold a ticket showing journey date which should not be later than thirty days from the date of sale.

NRIs/PIOs can be issued international credit cards provided the charges for the use of the card are by way of inward remittances from balances in NRO/NRE/FCNR(B) Accounts.

All other transactions of credit/debit to these accounts not covered under the above provisions required prior approval of Reserve Bank. Form A4 is to be completed in duplicate in such cases and forwarded to Reserve Bank through the bank with whom

Disadvantages of NR(E) Accounts H

NR(E) accounts are opened in Indian rupees and all foreign exchange remittances received for credit of those accounts are first converted into Indian rupees at buying rates by banks. Any












































accounts in US dollars, Sterling Pounds, Japanese Yen ,Euro, Canadian Dollars and Australian Dollars. The accounts may be opened in the form of term deposit for any of the three maturity periods viz; (a) one year and above but less then two years.(b) two years and above but less then three years. and (c) three years only. Now RBI has allowed banks to accept FCNR(B) deposits upto maximum period of five years. Interest income is tax free in the hands of NRI until he maintains a non-resident status or a resident but not ordinarily resident status under the Indian tax laws. FCNR (B) accounts can also be utilised for local disbursement including payment for exports from India, repatriation of funds abroad and for making investments in India,

the directives issued by Reserve Bank from time to time. A non-resident can open a joint account with the other non-resident provided all the account holders are persons of Indian nationality or origin. Opening of a joint account by a non-resident with a person resident in India is not permitted. Opening of Accounts

1. Accou Accounts nts can can be open opened ed wit with h funds funds remitted from outside India through normal banking channels or funds received in rupees by debit to account of a non-resident bank maintained with authorised dealer in India or funds which are of repatriable nature in terms of regulations made by Reserve Bank.














































and cost of the remitter and account should be opened/credited in designated currency only. 4. In case case depos deposito itorr with with any any convert convertibl iblee currency other than designated currency desires to place a deposit in these accounts, authorised dealers may undertake with the depositor a fully covered swap in that currency against the desired designated currency, such a swap being possible between any two

b

The The mat matur urit ityy pro proce ceed edss of of NRN NRNR R deposits credited to NRE Account can also be subsequently transferred to FCNR(B) Account.

c

NonNon-Re Resi side dent nt Indi Indian ans/ s/P Perso ersons ns of Indian Origin can credit refund of application/earnest money/purchase consideration made by the housing building agencies/seller on account of non-allotment of flat/plot/ cancellation of bookings/deals for














































Interest

Interest is payable either half-yearly or on annual basis at option of the depositor. Interest can be either credited to a new FCNR(B) Account or his existing/new NRE/ NRO Account.

Resident Foreign Currency Accounts (RFC) Any person who has been an NRI is eligible to open an RFC account, irrespective of the period for which he enjoyed the status. The funds in RFC shall be free from all restrictions

Change of Resident Status of Account

regarding utilization of foreign currency

Holder

balances including any restriction on investment in any form, by whatever name

When an account holder becomes a person resident in India, deposits may be allowed to continue till maturity at contracted rate of

called, outside India. The most important aspect of RFC is that the account holder ho lder can














































Permissible Credits H FE balances repatriated from abroad. H

Incomes or sale proceeds from FE assets held abroad.

H

Sale proceeds of FE Assets held in India sold.

H

Pension, superannuation or other monetary benefits from ex-employer outside India.

H

Transfer from f rom NRE and FCNR balances. bala nces.

H

Proceeds of foreign currency notes and

The scheme of importing gold and silver is extended to RFC and EEFC account holders.

International Credit Cards (ICC) to NRIS/PIOS NRI/PIOs can obtain International Credit Cards without the prior approval of Reserve Bank of India. The only on ly condition prescribed is that the charges for the use of o f ICC are paid out of inward remittances of balances in their NRE Accounts/Foreign Currency Non














































capacity of the depositor, and not in any representative capacity as a holder of an office or otherwise. The nomination has to be made in favour of only one individual. The nominee may be a minor but in that case the account holder should, while making the nomination, appoint another individual (who is not a minor) to receive the amount of deposit on behalf of the nominee during his minority, in case of need. The nomination nomina tion made can be varied or cancelled by the

under Nomination Rules are DA 1 for nomination, DA 2 for cancellation and DA 3 for variation.

Questions and Answers Q.1 Q.1

Can Can an an NRI NRI acco accoun untt be be ope opene ned d iin n the the name of crew members of shipping companies?

Ans. Ans.

NRI NRI acco accoun unts ts can can be open opened ed in the the name of crew members of shipping companies if their posting is not














































be an NRI for purposes of his bank accounts in India.

Q.7

Is ther theree a limi limitt on on the the numb number er of accounts which an NRI can open?

Q.3

Can Can No Non nre resi side dent ntss open open thes thesee accounts from abroad?

Ans. Ans.

Ans. Ans.

Yes. es. Many Many bank bankss in Ind India ia pro provi vide de ononline account opening facility.

No. No. An NRI NRI can can open open as many many NRO NRO, NRE or FCNR accounts as he desires.

Q.8

Can Can NRO/ NRO/NR NRE E acco accoun untt hold holder erss obtain loans/overdrafts against their fixed deposits?

Can Can a fore foreig ign n shi shipp ppin ingg or or air airli line ne company open a foreign currency account in India?

Ans. ns.

A shi shipp ppin ingg or airl airlin inee com compa pany ny incorporated outside India or its agent in India may open, hold and

Q.4

Ans. ns.

Loan Loanss to Non Non-r -res esid iden entt acco accoun untt holders can be granted for personal
















































six months provided Authorised Dealer is satisfied that the term deposit is out of temporary surplus funds. The branch/liaison office also

deposit will be utilised for its business in India within three months of its maturity. However, branch/liaison offices of
































































































100% Export Oriented Units (EOUs), should be submitted to the FIPB Units, Department of Economic Affairs (DEA), Ministry of Finance.

General Permission of RBI Under FEMA Indian companies having foreign investment approval through FIPB do not require any
















































quoted on the stock exchange during the two weeks preceding the relevant date.

Issue of Shares Under Merger/ Amalgamation

The stock exchange referred referr ed to is the one at which the highest trading volume in respect

Where a Scheme of merger or amalgamation of two or more Indian companies has been
















































of cases is allowed under automatic route: a

Transfe ransferr of shar shares es from from resid resident ent to nonnonresident (including transfer of subscribers shares to non-residents)

outside India (including NRIs); provided transferee has obtained prior permission of SIA/FIPB, in terms of Press Note No.1 (2005 Series) to acquire the shares if he



























































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































Portfolio Immovable Investment Properties Scheme

Immovable Properties Prohibition on citizens of certain countries Citizens of eight countries, (namely, Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal or Bhutan ar e (whether resident in India or not) are prohibited from acquiring or transferring any Immovable Property (IP) in India without prior approval appr oval of the RBI. However, such a prohibition is not applicable to IP acquired on lease for a period not exceeding five years.

Policy Shift There is a major policy shift as far as regulation concerning IP situated in India is

concerned. Under FERA acquisition of IP in India was governed by citizenship criteria, whereas under FEMA the same is governed by residential status criteria. It means a foreign citizen who is resident in India (not being a citizen of any of the eight countries listed above) can purchase IP in India without any approval from RBI. He is also not required to file any declaration at the time of purchase of such IP.

General Prohibition Investment in agricultural property, plantation and farmhouse is prohibited for all classes of persons resident outside India, be it NRIs/OCBs/ foreign citizens or other foreign entities.

Table: Transaction of Immovable Property Indian Citizen Resident Outside India May NRI

PIO

Resident

Purchase Property From

Yes

Yes

Yes

Sell Property To

Yes

Yes

Yes

Receive Gift From

Yes

Yes

Yes

Give Gift To

Yes

Yes

Yes


No

No

No

Sell Property To

No

No

Yes

Receive Gift From

No

No

No

Agricultural Property

N o te








































Person of Indian Origin Resident Outside India May NRI

PIO

Resident Note


Yes

Yes

Yes

Forex or NRI

Sell Property To

No

No

Yes

Bank

Receive Gift From

Yes

Yes

Yes

Accounts

Give Gift To

Yes

Yes

Yes


No

No

No

Sell Property To

No

No

Yes

Receive Gift From

No

No

No

Give Gift To

No

No

Yes

Agricultural Property

If these provisions are examined carefully it will be noticed that the right to repatriate is acquired by a person who was an NRI/PIO at the time of acquisition and who is an NRI/ PIO at the time of the sale. The residential status between these two transactions is inconsequential and immaterial. All situations not falling in the category of the general permissions, including requests for acquisition of agricultural land by any ROI may be made to The Chief General Manager, Reserve Bank of India, Central Office, Exchange Control Department, Foreign Investment Division (III), Mumbai 400 001(India). No application form has been prescribed.

Acquisition and Transfer of IP in India by Foreign Embassies/Diplomats/ Consulate Generals

Citizen of India Citizen of India

Generals have been permitted to purchase/ sale of IP in India other than agricultural land/plantation property/farm house subject to the following conditions:i. Cleara Clearance nce is requir required ed from from Gove Governm rnment ent of India, Ministry of Affairs for purchase/ sale of IP; ii. IP is acqui acquired red out of inward inward remittan remittance ce from funds outside India through banking channels.

Repatriation Proceeds

of

Sale

The provisions for repatriation discussed herein below are applicable only in respect of immovable property IP other than agricultural land/plantation/farm house.

Repatriation of IP in India belonging to NRI/PIO before the change of the residential status or acquired through inheritance








































prior approval of RBI for remittance of sale proceeds of any immovable property owned by him when he was a resident in India or inherited from a person who was resident in India. NRIs/PIOs are now allowed to repatriate funds held in their Non-Resident Ordinary Rupee (NRO) account up to US $ One Million per year representing sale proceeds of immovable property held by them for a period of not less than 10 years subject to payment of applicable taxes and on production of an undertaking by the remitter and a certificate by a Chartered Accountant in the formats prescribed by the CBDT and also documentary evidence in support of the acquisition of the asset.

General Rules for Repatriation i. Acqui Acquisit sition ion of IP IP by the the sell seller er must must be in in accordance with the provisions of the foreign exchange laws in force for ce at the time of acquisition of such property. ii. NRIs/PIO NRIs/PIOss can can effect effect remittan remittance ce of of sale sale proceeds of immovable property in India irrespective of the period for which the property was held. The sale proceeds allowed to be repatriated should, however, not exceed the foreign exchange brought in to acquire the said property. iii. iii. In case of residential residential property property,, the repatriation repatriatio n of sale proceeds is restricted

the property was purchased from funds held in NRE Account. iv. iv. The amount amount sought sought to be repatr repatriate iated d abroad should not exceed the amount paid for acquisition of the immovable property in the foreign exchange received through normal banking channels or out of funds held in FCNR or o r NRE Account. In case of investment out of NRE Account the amount to be calculated as foreign currency is equivalent value as on the date of payment for acquisition of the said property.

Repatriation of Sale Proceeds of Residential Accommodation in India purchased by NRIs/PIOs acquired by way of loans RBI has permitted Authorised dealers or Housing Finance Institutions in India approved by National Housing Bank to provide housing loan to NRIs/PIOs for acquisition of residential accommodation in India subject to conditions stipulated in Regulation 8 of Notification No. 4/2000-RB dated 3rd May 2000. Vide Circular No.1 01 dated May 5, 2003, RBI has decided that the loan amount raised for purchase of residential accommodation which is subsequently repaid by NRIs/ PIOs by remitting funds from abroad or by debit to their NRE/FCNR accounts such repayments in foreign exchange of rupee loans obtained for acquiring residential accommodation may








































as stated in clause (iv). Authorised dealers have been permitted to allow repatriation of sale proceeds of residential accommodation purchased by NRIs/PIOs out of funds raised by them by way of loans from the authorised dealers/housing finance institutions to the extent of such loan/s repaid by them out of foreign inward remittances received through normal banking channel or by debit to their NRE/FCNR accounts.

Refund of Purchase consideration on account of nonallotment of flats/ plots/cancellation of booking/deals in respect of immovable property purchased by NRIs/PIOs in India Authorised Dealers are permitted to credit refund of application/earnest money/ purchase consideration made by the housing building agencies/seller agencies/seller on account of nonallotment of flat/plot cancellation of bookings/deals bookings/deals for purchases of residential, residential, commercial property, together with interest, if any (net of income tax payable thereon), to NRE/FCNR account, of Non-Resident Indian/Persons of Indian Origin provided, the original payment was made out of NRE/ FCNR account of the account holder or remittance from outside India through normal banking channels and the authorised dealer is satisfied about the genuineness of the transactions.

Remittance of Rent

property, whether purchase through application of forex or otherwise, without seeking any permission from the RBI. The rental income being a Current Account transaction is repatriable outside India, only if proper tax is paid or provided for. Where the house is purchased through housing finance and if the house is rented out, the entire rental income, even if it more than the prescribed installment, should be adjusted towards repayment of the loan. If the rental income is less then the prescribed prescr ibed installment, the borrower should remit the amount of the extent of the shortfall from abroad or pay it out of his NRE, FCNR or NRO account in India.

Questions and Answers Q. 1

Can Can NRIs NRIs/P /PIO IOss rent rent out his immovable property in India?

Ans. Ans.

Yes, es, the the NRI NRIs/P s/PIO IOss can can free freely ly rent rent out their immovable property in India without seeking any permission from RBI. The rental income being a Current Account transaction is freely repatriable outside India, subject to payment of applicable taxes. In this connection, it may be noted that even a person being a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal or Bhutan can acquire or transfer








































Q.2

Ans. Ans.

Q.3 Q.3

Ans.

exceeding 5 years, without prior

immovable property. property . Indeed, in the

permission from RBI.

said definitions, shares in the co-

Can Can an an NRI NRI rent rent his his prop proper erty ty in

operative society are not so included

India? Can he repatriate the rentals

that is to say expressly.

if the concerned property is held on

However, However, the situation appears a ppears to be

nonrepatriation basis?

clear in view of the Supreme Courts

NRI NRI may may giv givee his his prop proper erty ty on ren rent. t.

decision in Hanuman Han uman Vitamin Foods

Rental income, being current

Pvt. Ltd. v/s State of Maharashtra

account

be

(2000) 6 see 345, confirming the

repatriated abroad or be credited to

Bombay High Court decision in

repatriable non-resident accounts

Hanuman Vitamin Foods Pvt. Ltd. &

after payments of applicable taxes.

Ors v/s. State of Maharashtra &

Whet Whethe herr any any inte intere rest st or shar sharee in in a

Superintendent of Stamps, Bombay

Cooperative Housing Society or

(Writ (Writ Petition Number 1820 of o f 1986,

Apartment Owners Association

dated 17th February, 1989), wherein

(also known as Condominium

the question posed before the Court

abroad) is an immovable property for

was whether the instrument of

the purposes of these Regulations?

transfer of shares in a co-operative

FEMA FEMA

transaction,

does does

not not

can

def defin inee

the the

expression immovable property though the same has been used in various Sections of the Act and the Regulations framed thereunder. Further, even the definition of immovable property given in the

society was an instrument for transfer of an immovable property, for purposes of levy of stamp duty thereon. The Supreme Court held, by referring to another decision in Veena Hasmukh Jain v/s. State of Maharashtra (1999) 5 SCC 725, that

Transfer of Property Act, 1982, the

the agreement to sell shares in a Co-

General Clauses Act, the Sale of

operative Society is, in effect, the

Goods

agreement

Act

and

the

Indian

to

sell

immovable

Registration Act, taken together, do

property.

not

immovable

Accordingly, any interest or share in

property property  IP. They only onl y suggest what wha t

a Co-operative Housing Society or

clarify

what










































Q. 4

(also known as Condominium

restrictions u/s. 6(3)(i) and the

abroad) is an immovable property for

Regulations are also applicable to

the purposes of these Regulations.

non-individual persons who are

Whet Whethe herr Sec Secti tion on 6(3)( 6(3)(i) i) of FE FEMA MA

resident outside India.

read with the aforesaid Regulations

Ans. Ans.

Who Who is req requi uire red d to obta obtain in prior prior

is applicable to Companies, firms

permission of RBI to acquire or

etc.?

transfer immovable property in India

In view view of the the defini definiti tion on of of pers person on

and under what circumstances such

given in Section 2(u) which covers

permission is required?

various classes of non-individuals

Sr. No.

Q. 5

Ans. Ans.

The The foll followi owing ng catego categorie riess of of per person sonss

and the definition of person resident

are required to obtain prior

in India given in Section 2(v) and

permission of RBI to acquire or

particular reference to clauses (ii),

transfer immovable property in

(iii), (iv) thereof, it is clear that the

India:

Person who is required to obtain RBI’s Permission

Nature of Transactions/ Property which requires

Reference/ R e m ar k s

RBIs Permission

1. Citize Citizen n of India India resi residin ding g outsid outside e India India (i.e. NRI)

To acquire Agricultural or Plantation property or a Farm House in India

Reg. 3(a)

2. Citize Citizen n of India India resi residin ding g outsid outside e India India (i.e. NRI)

To transfer Agricultural Agricultura l or Plantation property or a Farm House in India to another NRI or PIO

Reg. 3(c)










































Sr. No.


Nature of Transactions/ Property which requires RBIs Permission


5. A perso person n of Indian Indian Origin Origin Reside Resident nt outside India (PIO)

To acquire Agricultural or Plantation Property or a Farm House in India by way of purchase or gift (other than by way of inheritance)

Reg. 4(a) & (b)


To acquire any immovable im movable property in India (other than agricultural or plantation property or a farm house) by way of gift from a foreign national resident outside India (other than another NRI or PIO)

Reg. 4(b)


To transfer Agricultural Agricult ural or Plantation property or a Farm House in India by way of a gift or sale to another NRI or PIO (other than a person who is a Citizen of India and Resident of India)

Reg. 4(e)


To transfer tra nsfer any immovable property in India by way of a sa sale le to a person resident outside India

Reg. 4(d)


To transfer any Residential or Commercial Property in India by way of Gift to a person Resident outside India (other than another NRI or PIO)

Reg. 4(f)

10. A Person Residen Residentt outside outside India who who has been permitted to establish a branch, office or any other place of

To transfer any property in India (other than by way of mortgage to an Authorised Dealer as a

Reg. 5 (b)










































Sr. No.


Nature of Transactions/ Property which requires RBIs Permission


Bhutan (whether resident in India or not) 13. Any person person resident resident outside outside India (other than an NRI or a PIO) i.e. any foreign national resident outside India.

(Note: The regulations do not grant any general permission to such a person to acquire animmovable property in India. Therefore, such a person would also require RBI’s permission to acquire an immovable property in India).

Reg. 8

14. Any Non-Indivi Non-Individual dual Person Person (i.e. a company or a firm etc.) resident outside India.

To acquire or transfer an immovable property in India (other than a lease not exceeding 5 years).

Sec. 6(3)(i)

It will be thus apparent from the above that all transactions involving acquisition or transfer of immovable property in India by a person residing outside India (as well as by certain persons who are citizens of certain neighbouring countries) require prior permission from RBI unless general permission had already been secured granted

national, to whom should the application be made? Is there any prescribed form for the application? Ans.

All requests for acquisition or transfer of agricultural land/ plantation property/farm house by any person resident outside India or foreign national may be made to the










































Ans. Ans.

Q. 8

Ans. Ans.

Q. 9

Gene Genera rall perm permis issi sion on has has bee been n grant granted ed to NRIs (Non-Resident Indian Citizens or Persons of Indian Origin)

account and partial on capital account. Remittance of sale proceed is limited to the cost of the property

for purchase and sale of immovable property in India other than agricultural land/farm house/ plantation property.

only, and the amount of gain on sale of property, cannot be repatriated. security of immovable property in

Can Can NRIs NRIs purch purchas asee immo immova vabl blee

India? Are there any restrictions on

properties out of NRO accounts?

the use of loan amount?

Yes. NRIs NRIs can can purcha purchase se immova immovable ble properties out of NRO accounts. NRIs can repatriate sale proceeds of inmovale property upto USD 1 million out of NRO account per

Ans. ns.

An NRI NRI can can borr borrow ow agai agains nstt the the security of immovable property from Authorised Dealer subject to following conditions: i.

the the loa loan n sho shoul uld d be be use used d for for

calender year. year.

meeting

Is the there re any any rest restri rict ctio ion n on numb number er of

requirements or for borrowers

residential properties that may be

own business purposes; and

purchased by an NRI? Is there any

ii. ii. loan loan shoul should d not not be be used used for

restriction on period of holding for

prohibited activities, namely;

such properties?

Ans. ns.

Q.11 Q.11 Can an NRI NRI tak takee loan loan agai against nst the

Ther Theree are are no res restr tric icti tion onss on the the number of residential properties that may be bought by an NRI. However, repatriation is allowed only in respect of two such properties and that, too,

the

personal

a. busi busine ness ss of chit chit fund fund,, or or b. Nidh Nidhii Com Compa pany ny,, or or c. agri agricu cult ltur uree or or plant plantat atio ion n activities or in real estate business, or construction of










































FCNR/NRO account or out of the sale proceeds of shares or securities or immovable property

against which such loan was granted. ■■











































Immovable Loans & Overdrafts Properties

Loans & Overdrafts Borrowing in Foreign Exchange by Residents General permission to borrow up to US$ 250,000 or its equivalent in foreign exchange on a repatriable basis by an individual Resident from his close relatives (as defined in sec. 6 of the Companies Act) resident outside India subject to H

The loan is free of interest

H

The minimum maturity period of the loan is 1 year.

H

The amount of loan is received by inward remittance in free foreign exchange

investment in shares, securities or immovable property. The rate of interest shall not exceed 2% over the bank rate prevailing on the date of availing of loan.

Loan in Rupees against Shares/Immovable Property Authorised Dealers(AD) may grant loan in rupees to NRIs against the security of shares or immovable property in India for personal or business purposes and housing loans against the security of houses/flats to be acquired for Residential accommodation in












































direct remittance from abroad or by way of debit to the NRE / FCNR account or by way of sale of shares and immovable property.

Loan against NRE, FCNR & NRO Since the account holder can withdraw from NRE saving deposits at any time, banks should not mark any type of lien, direct or indirect, against these deposits. ADs may grant loans to the account holder against the security of term deposits. The repayments of the loan may be made either by adjusting the deposit against the loan or by fresh remittances from abroad. Repayment may be made by using the NRO account also; in which case, interest has to be charged at full commercial rate in force.

Dealers may grant loan against the security of NRE/FCNR deposit. Authorised Dealers may grant forex loans in India against security FCNR to the account holder only and not to 3rd parties, with approval of board of bank, subject to a. the docume document nt shoul should d be be exec execute uted d by the deposit holder himself and not by his Power of Attorney ( POA) holder. b. the maturity maturity period period of of the loan shall not exceed the maturity of the deposit. c. the loan shall shall not not be used used for for invest investmen mentt in India. The repayment of the loan may be made either by adjusting the deposit against the loan or by fresh remittances from abroad. Repayment may be made by using the t he NRO account also. However in that case, interest has to be charged at full commercial rate in











































Loans & Overdrafts

purposes of Resident or for carrying on business activities other than agricultural or plantation activities. In the cases, where a rupee loan is granted against the guarantee provided by a nonresident, there is no transaction involving foreign exchange until the guarantee is invoked and the non-resident guarantor is required to meet the liability under the guarantee. The non-resident guarantor may discharge the liability by i. payme payment nt out of rupee rupee accoun accounts ts held held in in India or ii. ii. by remi remitt tting ing the the funds funds to to India India or iii. iii. by debit debit to his his FCNR /NRE /NRE account account maintained with an AD in India. Subsequently, he may enforce his claim against the resident borrower. If the liability is discharged by payment out of rupee

overdraft granted to a Resident who subsequently becomes Resident Outside India, subject to: a. The nonnon-res reside ident nt has has inform informed ed the the bank, bank, details of his date of departure, foreign address, probable duration of his stay outside India and the reason for continuation of the loan. b. The Auth Authori orised sed Deal Dealer er is sati satisfi sfied ed,, according to its commercial judgment , about the reasons to continue the loan or overdraft; c. The period period of of loan loan or overdraf overdraftt shall shall not exceed the period originally fixed at the time of granting the loan or overdraft; d.

As long long as the the borro borrowe werr contin continues ues to to remain an Resident Outside India, the repayment shall be made either by












































Change in the Residential Status of the Lender In case a rupee loan was granted by a Resident to another Resident and the lender subsequently become a non-resident, the repayment of the loan by resident borrower should be made by credit to the NRO account of the lender.

Loans to Employees It has been decided to grant general permission to Indian companies, viz., a body corporate registered or incorporated in India, to grant rupee loans to its employees who are NRIs or PIOs, subject to the certain conditions.

is given to the Indian companies in India to grant loans in foreign currency to the employees of their branches outside India for personal purposes in accordance with the lenders Staff Welfare Scheme/Loan Rules and other terms and conditions as applicable to its staff resident in India and abroad.

Housing Finance An Authiorised Dealer(AD) or a housing finance institution in India approved by the National Housing Bank may provide housing loan to a NRI or PIO, for acquisition of a residential accommodation in India. Housing Loan may be given for repairs, renovation and improvement of residential accommodation owned by them in India. The loan is subject to











































Loans & Overdrafts

of rental income derived from renting out the property acquired by utilisation of the loan. H

The rate of interest on the loan shall conform to the directives issued by RBI or NHB.

ADs and certain FIs like HDFC, LIC Housing Finance, etc., may grant housing loans to NRIs without reference to RBI where the NRI is a principal borrower with Resident close relative as a coobligant/ guarantor or the land is owned jointly by NRI borrower with a resident close relative. In such cases the payment of margin money and repayment of the loan installments should be made by the NRI borrower. The loans can also be given to Residents with NRI as a coobligant.

proprietorship proprietorship concern or firm in India which has accepted deposits (non-repatriable). Deposits by NRIs with persons other than ADs out of inward remittances from overseas or by debit to NRE/FCNR accounts are prohibited. However, such deposits by debit to NRO accounts may continue as hitherto provided as long as these do not represent inward remittances or transfer from NRE/ FCNR into the NRO account. accou nt. Similarly, the existing deposits may continue to be held hel d and renewed on repatriation or non-repatriation basis. The interest, being current income, can be repatriated repatria ted after the due tax, if i f any, any, is paid thereon. Such deposits are subject to the following conditions: Deposits are received under a public













































andand Investment Opportunities for Overseas Indians Indians Compendium on Policies, Policies,Incentives Incentives Investment Opportunities for Overseas

H

The maturity period of deposits shall not exceed 3 years.

accepted by the company shall not exceed 35% of its net owned funds.

H

The amount of aggregate deposits

■■













































Remittance facilities for NRIs/PIOs and Foreign Nationals

Remittance facilities for NRIs/PIOs and Foreign Nationals Remittance of assets by a foreign national of nonIndian origin A foreign national of non-Indian origin who has retired from an employment in India or

Remittance of sale proceeds of residential property purchased by NRIs/PIOs out of foreign exchange There is no lock-in period for sale of residential property purchased by NRI/PIO














































Facilities for Students Students going abroad for studies are treated as Non-Resident Indians (NRIs). They are eligible to receive remittances from close relatives from India upto $ 100,000 for maintenance and upto $1,000,000 out of sale proceeds of assets/balances in their account maintained with an authorized dealer in India.

Income- tax clearance

by the authorized dealers on production of an undertaking by the remitter and a Certificate from a Chartered Accountant.

International Credit Cards Banks may issue international credit cards to NRIs/PIOs without prior approval off the RBI. ■■



























































































Overseas Citizenship of India (OCI) OCI Scheme is Operational from 2.12.2005 The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country simultaneously. Based on the recommendation of the High Level committee on Indian Diaspora, the

iii. iii. Parity Parity with NRIs in financ financial, ial, economic and educational fields except in the acquisition of agricultural or plantation properties. 2. Any furt further her bene benefit fitss to OCIs OCIs will will be notified by the Ministry of Overseas Indian affairs(MOIA) under section 7B(1) of the citizenship Act, 1955.
















































Application form and procedure: A family consisting of spouses and upto two minor children can apply in the same form i.e. Form XIX. The form can be filed online

respects along with enclosures should be submitted in duplicate to the Indian Mission / Post of the country of applicants citizenship citizenship or where he/she is not in the country of
















































within 120 days from the date of the receipt of the application. If the grant of registration as OCI is approved by MHA, the Indian Mission / Post shall register the person as OCI.

an OCI was obtained by means of fraud, false representation or concealment of any material fact or the registered OCI has shown disaffection towards the Constitution of
















































Court etc. and he / she cannot normally nor mally hold employment in the Government.

Help Desk

part of India after 15.08.1947 and his/her children and grand children, is eligible for registration as Overseas citizen of India(OCI). Minor
















































Q. 5

Can Can chi child ldre ren n of of par paren ents, ts, wher wherei ein n one one of the parents is eligible for OCI, can apply for OCI?

Yes.

b. belong belonging ing to a territ territory ory that that became part of India after 15 th August, 1947; or being being citize citizen n of India India on on after after 26th
















































Q. 10 How many many copies copies of applicatio application n have to be submitted?

Application has to be submitted in duplicate for each applicant.

All the applications will be subject to pre or post enquiry depending on whether any adverse information is available or not. If the Government



























































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































Feedback Form

Feedback Form Kindly give us your feedback on the th e document as this will help us in making the revised revise d edition of this book more valuable. valu able. We We will be obliged if any mistake, mist ake, error or discrepancy discre pancy is brought brough t to our notice for carrying out necessary corrections and modifications.

Suggestions

Please mail/fax/email your suggestions to: Ms. Sandhya Shukla Director Ministry of Overseas Indian Affairs 9th Floor, Akbar Bhawan Chanakya Puri New Delhi Tel: +91 11 2419 7918, 2687 4231 E-Mail: [email protected]

Ms. Anupma Aggarwal Partner Peeyush Aggarwal & Co. Chartered Accountants B-132 Anand Vihar Delhi-110092 Tel: +91 11 2216 4800, 2216 4700 Fax: +91 11 22164800 Mobile: +9312276731 E-Mail: [email protected] [email protected] m Website: www. www. indialiaison.co in dialiaison.com m













































































NRI India, NRI Loans, NRI Banking, Business in India, Account in India, NRI Returning to India, Investment in India

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