prava.way2wealth

General FAQs

 A non-resident Indian is an individual who is not a resident of India for tax purposes. A person is deemed to be an NRI if they spend less than 182 days in India during a fiscal year, or less than 60 days in India during a fiscal year and less than 365 days in India for the four fiscal years prior to that fiscal year. 

In case of an Indian citizen or person of Indian origin, the 60 days shall be substituted with 120 days, if their income in India exceeds Rs. 15 lakhs in the fiscal year.

A Person of Indian Origin (PIO) is someone who is not a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, or Bhutan, and who:

  • Has held an Indian passport at any time, or
  • Is a descendant of a person who was an Indian citizen by virtue of the Constitution of India or the Citizenship Act, 1955, or
  • Is a spouse of an Indian citizen or a PIO.

Investment regulations for PIOs are similar to those for NRIs (Non-Resident Indians).

An Overseas Citizen of India (OCI) is a person of Indian origin who is a citizen of another country, but who is eligible for certain benefits in India, such as multiple-entry, multi-purpose lifelong visas to visit India. 

OCIs enjoy several benefits, including exemption from reporting to the police for any length of stay in India and parity with NRIs in financial, economic, and educational fields except for the acquisition of agricultural or plantation properties.

If an NRI returns to India and becomes a resident per FEMA (Foreign Exchange Management Act, 1999), they need to inform their designated bank branch and the Depository Participant (DP). They must convert their NRI accounts to resident accounts and update their residency status in all investment records. 

It is important to note that FEMA and Income Tax Act have different criteria for residency in India. Becoming a resident Indian per Income Tax Act may also subject them to Indian taxes on their global income. 

An NRI can continue to hold and operate their assets abroad even after becoming a resident.

NRIs can open three types of bank accounts in India.

  • Non-Resident External (NRE) Account: Allows NRIs to transfer foreign earnings to India, with both principal and interest being fully repatriable (meaning they can be sent back out of India).
  • Non-Resident Ordinary (NRO) Account: Manages income earned in India, like rent, dividends, and pensions. The principal amount can be repatriated with instructions to the bank and submission of necessary paperwork; however, the interest earned on the account is freely repatriable.
  • Foreign Currency Non-Resident (FCNR) Account: Allows NRIs to deposit money in foreign currencies. Both principal and interest are fully repatriable.

Way2Wealth PRAVA offers a range of investment options for NRIs, including:

  • Curated Mutual Funds
  • Active Portfolio Management
  • Venture Capital / Private Equity opportunities through Alternative Investment Funds (AIFs)
  • Regulatory compliance & Risk management
  • Access to Domestic and Global Investing

Yes, Way2Wealth PRAVA understands the unique needs of high-net-worth NRIs. We create customized investment plans that include strategic portfolio management, access to exclusive investment opportunities in private equity and venture capital, and personalized advisory services to meet unique financial goals.

Way2Wealth PRAVA provides customer support from Monday to Friday, 9 AM to 6 PM, and on Saturday from 10:00 AM to 1:00 PM.

You can reach Way2Wealth PRAVA customer support from overseas by:

  • Calling the toll-free number 1800 203 3690 or 080 47185579
  • Reaching out to us at prava@way2wealth.com
  • Calling our branch office to talk to a relationship manager

 

NRIs and PIO cardholders with Electronic Multiple Entry (EME) visas can invest in Indian stocks, mutual funds, and debentures through various channels:

  • Direct Investment: They can purchase stocks and debentures directly through the Portfolio Investment Scheme (PIS). Mutual funds can be purchased directly from Asset Management Companies (AMCs) or online platforms.
  • Demat Account (Optional for Mutual Funds): NRIs need to open a demat account with a Depository Participant (DP) in India if they are investing in stocks or debentures. Mutual funds typically don’t require a demat account.
  • Bank Account: They must have an NRE (Non-Resident External) or NRO (Non-Resident Ordinary) account in India to manage the funds.
  • Brokerage Account (Optional): They can use the services of SEBI-registered brokers to execute trades on their behalf (especially for stocks and debentures).



The Portfolio Investment Scheme (PIS) allows NRIs to invest in shares and convertible debentures of Indian companies on a recognized stock exchange. This scheme is governed by the Reserve Bank of India (RBI) and is designed to facilitate NRI investments in the Indian equity market. Under PIS, NRIs can buy or sell shares and convertible debentures through designated bank branches.

Yes, NRIs/PIOs can buy or sell shares and convertible debentures of Indian companies under the PIS. They must do this through a designated branch of an authorized dealer bank and route all transactions through this branch. The transactions must comply with RBI regulations regarding the ceiling on investments and other guidelines. NRIs can repatriate the sale proceeds and capital gains under the PIS scheme, subject to relevant regulations.

A designated branch is a specific branch of a bank authorized by the RBI to handle transactions under the PIS for NRIs. NRIs must route all their investment transactions through this branch to ensure regulatory compliance and streamlined processing.

No, NRIs cannot use multiple designated branches for their PIS investments. Each NRI must select a single designated branch of an authorized dealer bank to route all their investment transactions through the PIS.

Yes, NRIs can buy existing shares and debentures through private arrangements. However, they need to obtain prior approval from the Reserve Bank of India (RBI) for such transactions to ensure compliance with the Foreign Exchange Management Act (FEMA) and other relevant regulations.

Yes, NRIs can invest in public issues of Indian companies. They can subscribe to initial public offerings (IPOs) and follow-on public offerings (FPOs) of shares and debentures. The issuing company must have received general or specific approval from the Government of India or the Reserve Bank of India to allow NRI participation.

No, an NRI does not need RBI permission to open a demat account. However, they must comply with the rules and regulations set by the depository participants (DPs) and provide the necessary documents, such as proof of NRI status and PAN card, when opening the account. It’s important to note that a demat account is only required for NRI investments in stocks and debentures under the PIS scheme.

NRIs and PIO cardholders with Electronic Multiple Entry (EME) visas can open a Demat account with any Depository Participant (DP) registered with the National Securities Depository Limited (NSDL) or the Central Depository Services Limited (CDSL). They need to specify their NRI status (repatriable or non-repatriable) while opening the account.

No, NRIs cannot hold repatriation and non-repatriation securities in the same demat account. They must maintain separate demat accounts for holding repatriable and non-repatriable securities to comply with regulatory guidelines.

No, NRIs must use separate demat accounts for different investment schemes. 

For example, investments under the Foreign Direct Investment (FDI) scheme, Portfolio Investment Scheme (PIS), and non-repatriable basis must be held in separate demat accounts to ensure compliance with RBI regulations.

To close an investment account, an NRI must contact their designated bank branch and the Depository Participant (DP). They need to submit a written request for account closure along with necessary identification documents. All holdings in the account must be liquidated or transferred to another account before closure. 

 It’s important to be aware of any tax implications associated with closing an investment account in India. Consulting with a qualified tax professional is recommended.

Yes, NRIs can get loans abroad against the collateral of shares and debentures of Indian companies held by them. Authorized dealer banks can grant loans/overdrafts to NRIs through their overseas branches using these Indian securities as collateral, provided these securities were acquired on a repatriation basis (through permissible investment channels like PIS).

Tax Compliance and Planning

If an NRI’s total income in India exceeds the basic exemption limit, they must file income tax returns in India. The exemption limit currently is Rs. 2.5 lakh for all NRIs, irrespective of age and gender.

NRIs are generally liable to pay tax in India on income earned or accrued in India, such as salary, rent, capital gains, and interest. 

However, certain types of income, such as income from agriculture or specified investments like tax-free bonds issued by the Indian government, may be exempt from tax for NRIs.

To file an NRI tax return, you need your passport or some other identification proving your residential status in the home country, PAN card for tax identification in India, bank statements, proof of income like salary slips or rental income, TDS certificates (Form 16A), investment proofs, and capital gains details. 

Interest earned on NRE accounts is tax-free, while interest on NRO accounts is taxable. 

Short-term capital gains on listed equity investments are taxed at 15% (on par with resident Indians), and long-term gains on the same over Rs. 1 lakh are taxed at a special rate of 10%. Capital gains on debt mutual funds are taxed at the applicable slab rates. Dividends and rental income are taxable as per applicable slab rates. 

NRIs can claim relief under the Double Taxation Avoidance Agreement (DTAA). However, the benefits and requirements will vary depending on the DTAA agreement with the source country.

NRIs planning to return to India should first understand their residential status, which will determine their tax liability. They should also be aware of how their global income will be taxed once they become residents. 

Utilizing the Double Taxation Avoidance Agreement (DTAA) can help avoid double taxation on income earned abroad. It’s advisable to consult a tax advisor to optimize tax efficiency and ensure compliance with Indian tax laws.

Yes, NRIs can file their income tax returns electronically through the official Income Tax Department’s e-filing portal:  Click here

The process is straightforward and similar to resident filings, but specific benefits and requirements might vary based on the Double Taxation Avoidance Agreement (DTAA) with the source country.

No, it is not mandatory for NRIs to have an Aadhaar card to file income tax returns in India. NRIs can voluntarily obtain an Aadhaar card if they wish, but it is only required if they stay in India for 182 days or more in a financial year.

Yes, an individual can move from resident to NRI status for tax purposes. This change is based on the number of days spent in India during a financial year. To qualify as an NRI for tax purposes, you must spend less than 182 days in India in that year. This change in status impacts your tax liabilities and the requirement to file tax returns in India.

Yes, NRIs are required to report their Tax Identification Number (TIN) of the country of their residence when filing tax returns in India. This helps in establishing the taxpayer’s residency and aids in the implementation of tax treaties between India and the respective country.

Yes, we can assist you in regularizing tax notices. Our team will help you understand the notice, gather the necessary documents, and prepare a response to the Income Tax Department to resolve the issue efficiently.

Yes, we connect you with tax professionals who can assist you in regularizing your tax payments and filing your taxes, subject to certain terms and conditions.

The due date for filing income tax returns in India is typically July 31st of the assessment year. For example, for the financial year 2022-2023, the due date for filing tax returns is July 31, 2023. However, these dates can be extended by the government, so it’s always good to check for any updates.

If your PAN status is marked as Active but Inoperative, it typically means that it is not linked to your Aadhaar card. To rectify this, you need to link your PAN with your Aadhaar card . You can do this online through the Income Tax Department’s e-filing portal or by visiting your nearest PAN service center.

No, NRIs cannot hold a resident savings account in India. Once you become a non-resident, you should convert your resident savings account to a Non-Resident Ordinary (NRO) account.

Yes, an NRI can be a nominee on a bank account in India. The implications are straightforward: in the event of the account holder’s death, the NRI nominee can claim the funds in the account. 

However, the NRI will need to provide the necessary documents, including proof of identity and address, to the bank to facilitate the transfer.

Repatriation of funds from NRI investments is subject to certain rules:

  • Investments should be made on a repatriation basis.
  • Principal and capital gains can be repatriated after fulfilling the necessary documentation and compliance with tax regulations.
  • The repatriation is allowed up to USD 1 million per financial year for all bonafide purposes, including the sale of assets.

The documents required for the repatriation of funds include:

  • Form 15CA: Declaration of remittance
  • Form 15CB: Certificate from a Chartered Accountant
  • Proof of investment (e.g., sale deed, contract note)
  • Copy of PAN card
  • Bank statement showing the source of funds
  • Any other documents as required by the bank
  • Form 15CA: This is a declaration of remittance to be submitted online by the person making the remittance. It is a form that provides details of the amount of remittance and the purpose.
  • Form 15CB: This is a certificate from a Chartered Accountant. It certifies that the tax has been correctly deducted on the amount being remitted and that it complies with the provisions of the Income Tax Act.

TCS rules do not apply to NRIs.

Yes, NRIs can continue to hold their Public Provident Fund (PPF) and Post Office accounts until maturity, even after their residency status changes. However, new contributions to PPF accounts by NRIs are not allowed. The account will continue to earn interest until maturity, and the balance can be withdrawn upon maturity.

Yes, we assist with the withdrawal process of Employee Provident Fund (EPF) accounts. Withdrawals from EPF are taxable if made before completing five years of continuous service. The amount withdrawn will be taxed as per your applicable income tax slab rates. If the withdrawal is made after five years, it is tax-free.

Yes, NRIs can invest in Capital Gains bonds under Section 54EC of the Income Tax Act to claim exemption from capital gains tax. These bonds are issued by entities such as the National Highway Authority of India (NHAI) and the Rural Electrification Corporation (REC). The investment must be made within six months of the sale of the asset to qualify for the exemption.

Equity Mutual Funds and Stocks:

  • Short-term capital gains (holding period less than 12 months): Taxed at 15%.
  • Long-term capital gains (holding period more than 12 months): Taxed at 10% without the benefit of indexation, for gains exceeding INR 1 lakh.

Debt Mutual Funds:

  • As per current rules, the capital gains from debt funds are taxed at the applicable slab rates. There is no categorisation of short term vs long term.

For NRIs, dividend income from mutual funds and equity stocks is subject to a Tax Deducted at Source (TDS) at the rate of 20% under the Income Tax Act, subject to the DTAA with the home country. 

Yes, as an NRI, you must inform your brokerage entity about your NRI status. This is important for compliance with regulatory requirements and to ensure proper tax treatment of your investments. Brokerage units need to maintain separate accounts for resident and non-resident clients.

Yes, as an NRI, you can gift your financial and non-financial assets to any person. In India, there is no gift tax on the donor. However, if the value of the gift exceeds INR 50,000, the recipient may have to pay tax unless they are a close relative as defined under Indian tax laws. Way2Wealth PRAVA can assist you in estate planning to ensure your assets are transferred smoothly and efficiently.

Yes, NRIs can gift money to residents in India. However, if the gift exceeds INR 50,000, the recipient may need to pay tax on the amount, unless they fall under the exempted categories such as close relatives. It’s advisable to consult with a tax professional to understand the tax implications.

Yes, NRIs can donate to NGOs in India. However, the NGO must be registered under the Foreign Contribution Regulation Act (FCRA) to accept donations from foreign sources. It’s important to ensure the NGO’s compliance with FCRA regulations before making a donation.

Tax Benefits and Exemptions

NRIs can avail of several tax benefits under Indian tax laws, such as:

  • Deductions under Section 80C: NRIs can claim deductions for investments in specified financial instruments like PPF, ELSS, and ULIPs, up to INR 1.5 lakh.
  • Deductions under Section 80D: Premiums paid for health insurance policies can be claimed as deductions.
  • Exemption on Interest Income: Interest earned on NRE and FCNR accounts is tax-exempt.
  • Deductions on Home Loan Interest: Interest paid on home loans can be claimed as a deduction under Section 24 up to INR 2 lakh per year.

 

Yes, NRIs can claim exemptions on capital gains from property sales in India under certain conditions:

  • Section 54: Exemption on long-term capital gains from the sale of residential property if the proceeds are reinvested in another residential property in India.
  • Section 54EC: Exemption on long-term capital gains if the proceeds are invested in specified bonds like those issued by National Highway Authority of India (NHAI) or Rural Electrification Corporation (REC) within six months of the sale.

To minimize tax liability while remaining compliant:

  • Use Deductions and Exemptions: Maximize the use of deductions under sections like 80C, 80D, and exemptions on NRE/FCNR account interest.
  • Tax-efficient Investments: Invest in tax-saving instruments like ELSS, PPF, and specified bonds.
  • Proper Documentation: Maintain accurate records of all investments and expenses for claiming deductions.
  • Professional Advice: Consult with tax professionals to plan and optimize your tax strategy.

 

Owning and renting property in India has the following tax implications:

  • Rental Income: Rental income earned by NRIs is taxable at the applicable income tax slab rates. A standard deduction of 30% on rental income is allowed for maintenance. The lessee is required to deduct tax at 31.2% of the rent paid to an NRI, unless there is a lower rate of TDS that has been obtained by the NRI.
  • Property Tax: NRIs are liable to pay property tax to the local municipal authority.
  • Wealth Tax: Wealth tax has been abolished in India, so NRIs do not need to pay wealth tax on property.

 

Common challenges NRIs face include:

  • Legal Compliance: Ensuring property transactions comply with Indian laws.
  • Property Management: Managing and maintaining properties from abroad.
  • Tenant Management: Finding and managing tenants.
  • Repatriation of Funds: Complying with RBI regulations for repatriating sale proceeds.

How Way2Wealth PRAVA helps:

  • Legal Support: We partner with experienced legal professionals to provide comprehensive legal assistance for property transactions.
  • Property Management Services: Our partners offer end-to-end property management, including maintenance and tenant management.
  • Repatriation Assistance: We guide NRIs through the process of repatriating funds in compliance with RBI regulations, leveraging our partners’ expertise.
  • Regular Updates: We keep our clients informed about the status of their properties through regular updates and reports.

 

While India does not currently have an inheritance tax, NRIs should consider the following strategies:

  • Drafting a Will: Ensure a clear and legally compliant will is in place to avoid disputes.
  • Trusts: Setting up a trust can help manage and distribute assets efficiently.
  • Tax-efficient Investments: Investing in tax-saving instruments can help minimize liabilities.
  • Consultation: Regularly consult with a tax advisor to stay updated on any changes in tax laws.

 

Documentation and Legal Requirements

PAN Card:

  1. Online Application: NRIs can apply online through the NSDL or UTIITSL websites.
  2. Documents Required: OCI Card, Passport copy, overseas address proof, and a recent photograph.
  3. Processing: After submitting the form and documents, the PAN card will be processed and sent to the overseas address.

Aadhaar Card:

  1. Eligibility: Only NRIs who have resided in India for more than 182 days in the preceding 12 months are eligible.
  2. Application: Visit an Aadhaar enrollment center in India.
  3. Documents Required: Passport, proof of residence in India, and other identity proofs as specified.
  4. Biometrics: Provide biometric data (fingerprints, iris scan) at the enrollment center.

Yes, NRIs can inherit property in India. Legal considerations include:

  1. Documentation: Proper documentation proving inheritance, such as a will or succession certificate.
  2. Title Clearance: Ensuring clear title and absence of legal disputes.
  3. Repatriation: Complying with RBI rules for repatriating sale proceeds if the property is sold.
  4. Taxation: Paying applicable income tax and property tax, if any.

Yes, NRIs can draft a will in India. Key points include:

  1. Legal Validity: Ensure the will is legally valid in India by adhering to Indian laws.
  2. Clear Details: Specify clear details of assets and beneficiaries.
  3. Executor: Appoint a reliable executor who can manage the estate.
  4. Legal Nuances Across Jurisdictions: The major difference is the legal framework and compliance requirements which vary from country to country. Ensure compliance with both Indian and the resident country’s laws if assets are in multiple jurisdictions.

Property Management and Transactions

NRIs can manage their property in India from abroad through various means:

  • Property Management Services: Hiring a property management company to handle maintenance, tenant management, and other tasks.
  • Power of Attorney (PoA): Assigning a trusted individual with PoA to manage property transactions and legal matters on their behalf.
  • Online Portals: Utilizing online property management and real estate portals for monitoring and managing property-related activities.

Yes, NRIs are allowed to acquire commercial properties in India. There are no specific restrictions on the number of commercial properties an NRI can buy. However, they must comply with the regulations outlined in the Foreign Exchange Management Act (FEMA).

Yes, NRIs and PIOs can invest in real estate in India. They can purchase residential and commercial properties without any restrictions on the number of properties. However, they cannot buy agricultural land, plantation property, or farmhouses.

The RBI guidelines for NRI investments in real estate include:

  • NRIs can purchase residential and commercial properties without any specific approvals.
  • They cannot buy agricultural land, plantation property, or farmhouses.
  • Payments for property purchases must be made through inward remittances or funds from their NRE/NRO/FCNR(B) accounts.
  • NRIs can repatriate the proceeds from the sale of immovable property under certain conditions.

Yes, NRIs can sell property in India without visiting the country by granting a Power of Attorney (PoA) to a trusted individual who can handle the transaction on their behalf. The PoA must be notarized and apostilled or consularized as per legal requirements.

NRIs can finance property purchases in India through:

  • Home Loans: Availing home loans from Indian banks and financial institutions.
  • NRE/NRO/FCNR(B) Accounts: Using funds from their NRE, NRO, or FCNR(B) accounts.
  • Inward Remittances: Utilizing inward remittances through normal banking channels.

 

NRIs can manage their rental property in India while residing overseas by:

  • Hiring Property Management Services: Engaging property management companies to handle tenant management, rent collection, and maintenance.
  • Assigning Power of Attorney (PoA): Appointing a trusted person with PoA to manage the property.
  • Online Management Tools: Using online platforms for tracking rent payments, property maintenance, and other related activities.

 

 

Legal and Regulatory Concerns

Yes, NRIs are not allowed to buy agricultural land, plantation property, or farmhouses in India. They can only acquire such properties by way of inheritance from a resident Indian.

Way2Wealth PRAVA offers comprehensive legal support for property transactions, partnering with expert professionals to ensure seamless service. This includes:

  • Due Diligence: Conducting thorough due diligence on property titles and ensuring legal compliance.
  • Documentation: Assisting in the preparation and review of sale deeds, agreements, and other legal documents.
  • Regulatory Compliance: Ensuring compliance with all regulatory requirements and legal formalities.
  • Repatriation Assistance: Guiding NRIs through the process of repatriation of proceeds from property sales.

 

The steps for NRIs to transfer property to their children include:

  • Drafting a Gift Deed or Will: Creating a legal document to transfer property ownership.
  • Legal Documentation: Ensuring all required legal documents are prepared and registered.
  • Registration: Registering the property transfer with the local sub-registrar’s office.
  • Tax Compliance: Ensuring compliance with all applicable tax laws and regulations.

 

Yes, NRIs can inherit property in India. They can inherit any type of immovable property, including residential, commercial, and agricultural land. The inheritance process must comply with Indian inheritance laws and regulations.

Yes, we have partnered with expert professionals to offer assistance with property due diligence, legal processes, and repatriation of funds. Our services include:

  • Due Diligence: Conducting comprehensive checks on property titles and legal compliance.
  • Legal Support: Assisting with documentation, regulatory compliance, and legal formalities.
  • Repatriation Services: Guiding NRIs through the process of repatriation of proceeds from property sales, ensuring compliance with RBI regulations.