CA Bimal Jain
Remittance of salary outside India can be made for employees of foreign company or LLP on deputation to a group company in India
The Reserve Bank of India (RBI) vide A.P. (DIR Series) Circular No.62 dated January 22, 2015 has extended the availability of benefit conferred under Regulation 7(8) of Notification No. FEMA 10/2000-RB dated May 3, 2000 to an Employee of foreign company or Limited Liability Partnership, who in citizen of Foreign State, and is deputed to a group company in India.
Following Benefits are now available to such Employee:
- To open, hold and maintain a foreign currency account with a bank outside India and receivethe whole salary payable for the services rendered to the office/branch/subsidiary/joint venture in India of such foreign company, by credit to such account, provided that income tax chargeable under the Income Tax Act,1961 is paid on the entire salary as accrued in India.
- To open, hold and maintain a foreign currency account with a bank outside India and remit the whole salary received in India in Indian Rupees, to such account, for the services rendered to such an Indian company, provided that income tax chargeable under the Income Tax Act, 1961 is paid on the entire salary accrued in India.
Related Circular is as follows :-
A.P. (DIR Series) Circular No.62
January 22, 2015
All Category – I Authorised Dealer Banks
Madam / Sir,
Foreign Exchange Management (Foreign Currency Accounts by a Person Resident in India) Regulations, 2000 – Remittance of salary
Attention of Authorised Dealer Category – I banks is invited to A. P. (DIR Series) Circular No. 26 dated January 14, 2010 and sub-regulation 8 of Regulation 7 of Notification No. FEMA 10/2000-RB dated May 3, 2000 viz. Foreign Exchange Management (Foreign Currency Account by a person resident in India) Regulation, 2000 (as amended from time).
- We have been receiving queries whether remittance of salary outside India can be affected for employees on deputation to a group company in India and for employees of Limited Liability Partnership.
- The extant instructions have been reviewed and it is hereby informed that the facility available to an employee of a company under Regulation 7(8) of Notification No. FEMA 10 (as amended from time to time) shall also be available to an employee who is deputed to a group company in India. In addition, the term ‘company’ referred to in the said regulation will include ‘Limited Liability Partnership’ as defined in the LLP Act, 2008.
- Accordingly, it is hereby informed that Reserve Bank has since amended the Principal Regulations through the Foreign Exchange Management (Foreign Currency Accounts by a Person Resident in India) (Amendment) Regulations, 2014 notified vide Notification No. FEMA. 328/2014-RB dated December 3, 2014 c.f. G.S.R. No.913(E) dated December 24, 2014.
- AD Category- I banks may bring the contents of the circular to the notice of their constituents concerned.
- The directions contained in this circular have been issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and is without prejudice to permissions / approvals, if any, required under any other law.
(C D Srinivasan)
Chief General Manager