NRI

Can NRI (Non Resident India) purchase Commercial property in India?

Fema / RBI - ALL ABOUT THE PROVISIONS TO BUY THE COMMERCIAL PROPERTY BY NRI IN INDIA:- Article answers if NRIs buy Commercial property in India, What are the types of properties that NRIs/PIOs can buy, What are the types of properties that NRIs/PIOs cannot buy, What Procedures should be followed by NRI to buy a property in India, […]...

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Receipt of Gifts and Inheritances by NRI

Fema / RBI - An NRI can have the interest in the following assets in India, which he receives by Gift or by inheritance- i. Money or Liquid funds ii. Immovable properties iii. Jewellery, painting, art piece or other valuable goods iv. Shares in companies registered in India v. Interest in Limited Liability Partnerships (LLPs) Any such receipt through ...

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Availing Loan from Non Resident Indians

Fema / RBI - A resident Indian or a company registered in India can avail loan from an NRI on repatriable or non- repatriable basis. The borrowing and lending in INR between the resident and non-resident persons are governed by- 1. clause (e) of sub-section 3 of section 6 of the Foreign Exchange Management Act, 1999 2. Foreign Exchange […]...

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NRI allowed to incorporate OPC in India w.e.f. 01.04.2021

Fema / RBI - By making the amendment in sub rule (1) of Rule 3 for words, and resident in India, following words substituted whether resident in India or otherwise. By this amendment, now Non-Resident Indians (‘NRIs’) is also allowed to incorporate OPCs in India....

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Things to do on your India visit: checklist for NRIs

Fema / RBI - Most NRIs visit India at least once every year. While they might be eager to come visit India and meet their families and catch up on everything they might have missed out on, they should also consider financial aspects of their house keeping during their visit to India. This will help them get back to […]...

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Overseas Citizen of India can enroll in NPS at par with NRIs

Fema / RBI - Pension Fund Regulatory and Development Authority (PFRDA) has now permitted Overseas Citizen of India (OCI) to enroll in National Pension Scheme (NPS) at par with Non-Resident Indians vide Circular No: PFRDA/2019/19/PDES/3 dated 29th October 2019....

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Taxation of Non-Residents

Fema / RBI - ICAI released an e-book on Taxation of Non-Residents  based on the law as amended by the Finance Act, 2018. The book contains following topics- Chapter 1. Residential Status Chapter 2. Income Deemed to Accrue or Arise in India Chapter 3. Income not to be included in the total income Chapter 4. Presumptive Taxation Chapter 5. […]...

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SBI revises interest rates for NRIs

Fema / RBI - Country's largest lender State Bank of India on Friday revised interest rates for deposits by non-resident Indians (NRIs) across maturities and currencies. Under the revised rate structure, NRIs will get up to 26 basis points more for deposits in foreign currencies, while the rates for deposits in Indian rupee have gone down marginally, a...

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Government Working on Procedures for NRI’s to Vote Soon

Fema / RBI - The government is working on procedures to enable NRI,s to vote soon. Addressing the curtain raiser press conference of PBD-2011, here today, the Minister of Overseas Indian Affairs, Shri Vayalar said that the Parliament has passed the bill on Voting...

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DTC- NRI staying in India for more then 59 days in a year have to pay tax on income earned outside India

Fema / RBI - The new legislation, introduced in Parliament on Monday, says an individual shall be resident in India in any financial year if he is in the country for more than 59 days in that year and has been in India for more 365 days in the four preceding fina...

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Non-resident seafarer Salary credited by foreign employer to NRE A/c with Indian Bank- Addition not justified

Tarun Kumar Sarkar Vs Dy. DIT (ITAT Kolkata) - Salary accrued to a non-resident seafarer for services rendered outside India on a foreign going ship (with Indian flag or foreign flag) shall not be included in the total income merely because the said salary has been credited in the NRE account maintained with an Indian bank by the seafarer....

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Establishment of identity of creditor, creditworthiness of creditor and genuineness of transaction

Tulip Hotels Pvt. Ltd. Vs. DCIT (ITAT Mumbai) - Shri Somendra Khosla is a NRI, he is in the business of development of real estate and he is a man of substantial means, in my opinion, if he has decided to invest in the real estate in India, the genuineness cannot be doubted unless there is any evidence to the contrary. The Revenue has doubted the...

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Taxability Of A Non-Resident For Charging Fees For Services Rendered To Indian Companies

Clifford Chance Vs DCIT (Bombay High Court) - 34. For the purpose of taxation the authorities under the Act have proceeded on the basis that the fees received by the Appellant was for the entire Indian Project as such chargeable to tax. 35. Two basic questions which, thus, arise for our consideration are :...

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Guidelines for calculation of total foreign investment i.e. direct and indirect foreign investment in Indian companies.

Press Note No 2 (2009 Series) - (13/02/2009) - Provided that, in case of a combination of all or any of the entities mentioned in Sub-Clauses (i) and (ii) of clause 5.5.4.1 above, each of the parties shall have entered into a legally binding agreement to act as a single unit in managing the matters of the applicant company....

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Guidelines for transfer of ownership or control of Indian companies in sectors with caps from resident Indian citizens to non-resident entities.

Press Note No. 3 (2009 Series) - (13/02/2009) - These guidelines will issue in modification of paragraph 2(e) of Press Note 4 of 2006 and will be effective from the date of issue of this Press Note. FDI policy announced vide Annex to Press Note 7(2008) dated 16th June 2008 stands amplified to the above extent....

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Recent Posts in "NRI"

Can NRI (Non Resident India) purchase Commercial property in India?

ALL ABOUT THE PROVISIONS TO BUY THE COMMERCIAL PROPERTY BY NRI IN INDIA:- Article answers if NRIs buy Commercial property in India, What are the types of properties that NRIs/PIOs can buy, What are the types of properties that NRIs/PIOs cannot buy, What Procedures should be followed by NRI to buy a property in India, […]...

Read More
Posted Under: Fema / RBI |

Receipt of Gifts and Inheritances by NRI

An NRI can have the interest in the following assets in India, which he receives by Gift or by inheritance- i. Money or Liquid funds ii. Immovable properties iii. Jewellery, painting, art piece or other valuable goods iv. Shares in companies registered in India v. Interest in Limited Liability Partnerships (LLPs) Any such receipt through ...

Read More
Posted Under: Fema / RBI |

Availing Loan from Non Resident Indians

A resident Indian or a company registered in India can avail loan from an NRI on repatriable or non- repatriable basis. The borrowing and lending in INR between the resident and non-resident persons are governed by- 1. clause (e) of sub-section 3 of section 6 of the Foreign Exchange Management Act, 1999 2. Foreign Exchange […]...

Read More
Posted Under: Fema / RBI |

NRI allowed to incorporate OPC in India w.e.f. 01.04.2021

By making the amendment in sub rule (1) of Rule 3 for words, and resident in India, following words substituted whether resident in India or otherwise. By this amendment, now Non-Resident Indians (‘NRIs’) is also allowed to incorporate OPCs in India....

Read More
Posted Under: Fema / RBI |

Things to do on your India visit: checklist for NRIs

Most NRIs visit India at least once every year. While they might be eager to come visit India and meet their families and catch up on everything they might have missed out on, they should also consider financial aspects of their house keeping during their visit to India. This will help them get back to […]...

Read More
Posted Under: Fema / RBI |

Residential property and Tax on capital gain

When investors make profits on sale of assets like land, shares and mutual fund units, it is termed as capital gains. The investor has to pay tax on the resulting gains that is commonly referred to as capital gains tax. The amount of money outflow from your pocket depends on how long you held the property. If a residential property is hel...

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Posted Under: Fema / RBI |

NRI investments – Some FAQs

One of the first things you should know as an NRI is that your existing bank accounts are no longer valid.The Foreign Exchange Management Act (FEMA) requires you to inform all the banks where you have an account,be it savings or deposits, about your changed residential status. ...

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Posted Under: Fema / RBI |

Permanent Account Number for NRI’s

PAN card may be issued based on the copy of the NRI’s passport as ID proof and copy of passport/copy of bank account in the country of residence as the requisite address proof. As per the new guidelines, an applicant who is:a) A citizen of India but residing outside India at the time of making the application; or ) A foreign citizen; or...

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Posted Under: Fema / RBI |

Know Person Resident Outside India & NRI under FEMA

Know Person Resident Outside India (PROI) and Non-Resident Indian (NRI) under FEMA Pursuant to the amendments to Foreign Exchange Management Act, 1999 (‘FEMA’) through Finance Act, 2015, recently, the Ministry of Finance notified the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“the Nondebt Instruments Rules”) v...

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Posted Under: Fema / RBI |

TDS on property purchased from Non Resident

Any person purchasing the property in India is required to comply with the Tax Deduction at Source (TDS) provisions. However, the TDS rate and provision is different if the property is purchased from Resident vis a vis purchased from Non Resident. Property Purchased from Resident: TDS provisions are simple if the property is purchase...

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Posted Under: Fema / RBI |

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