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:
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.
Way2Wealth PRAVA offers a range of investment options for NRIs, including:
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:
NRIs and PIO cardholders with Electronic Multiple Entry (EME) visas can invest in Indian stocks, mutual funds, and debentures through various channels:
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).
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:
The documents required for the repatriation of funds include:
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:
Debt Mutual Funds:
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.
NRIs can avail of several tax benefits under Indian tax laws, such as:
Yes, NRIs can claim exemptions on capital gains from property sales in India under certain conditions:
To minimize tax liability while remaining compliant:
Owning and renting property in India has the following tax implications:
Common challenges NRIs face include:
How Way2Wealth PRAVA helps:
While India does not currently have an inheritance tax, NRIs should consider the following strategies:
PAN Card:
Aadhaar Card:
Yes, NRIs can inherit property in India. Legal considerations include:
Yes, NRIs can draft a will in India. Key points include:
NRIs can manage their property in India from abroad through various means:
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:
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:
NRIs can manage their rental property in India while residing overseas by:
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:
The steps for NRIs to transfer property to their children include:
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:
Way2Wealth works with preferred partners who are subject matter experts for some of the offerings listed in the presentation. While Way2Wealth takes utmost care in selecting its partners, it does not take responsibility for any liability arising out of deficiency in services offered by its partners.