- Need A Help?
According to the Income-tax Act, there are three types of residents in India: resident, resident but not ordinarily resident, and non-resident, depending on the number of days spent in India. 1 The Foreign Exchange Management Act contains a similar but not identical definition (FEMA). Non-resident Indians are subject to special laws regarding bank accounts, investments, and taxation.
This is a savings bank account in rupees for non-resident Indians. It is a non-repatriable account, which means that the money in it cannot be transferred outside of India by the account's holder. The interest on this account is added to the NRI's income and taxed as other income. They can also invest Fixed Deposits (FDs) from the NRO account balance. The interest earned on these deposits is taxed. They can transfer funds from an NRO account to an NRE account by acquiring a 15 CA/CB certificate from a chartered accountant stating that all applicable taxes on the amount transferred have been paid.
This is a rupee-denominated savings bank account designed to hold NRIs' foreign earnings. Its interest is not taxable in India, and its balance is entirely transferrable outside of the country. They can also make Fixed Deposits (FDs) with the balance in their NRE account, and the interest earned is tax-free. Premature termination of an NRE deposit before one year will result in the forfeiture of all interest on the deposit.
NRIs can invest in this foreign currency fixed deposit. The interest on this account is tax-free, and the balance is entirely repatriable outside of India. Premature cancellation of an FCNR deposit before one year will result in the forfeiture of all deposit interests.
INVESTMENT OPPORTUNITIES IN INDIA FOR NRI’S:
Growing economy like India offers great diversification and return profile for NRI investors in their home country. Majority of them are overweight on real estate either by purchasing land, flats etc to create rental income and a place to dwell once they are back in their home country.
However, it is prudent to diversify into financial assets like equity and debt which are very liquid and offer better prospects.
NRIs are now not permitted to invest in bearer securities like Indira Vikas Patra/Kisan Vikas Patra, National Savings Certificates, Public Provident Fund, RBI Bonds, Senior Citizen Savings Scheme 2004. Investment already made, if any, shall persist.
They are allowed to invest in govt bonds, NCD,PMS, mutual funds. The most cost efficient option is investing through mutual funds.
Before investing one must also consider exchange risk due to rupee depreciation.
For example, Assume an individual invests USD 100,000 in India at an exchange rate INR 65/USD. Total investment is Rs 65 lacs. The corpus grows at 12% per annum to 1.14 crores in 5 years. And in the course of time, assume the rupee depreciates from INR 65/USD to INR 75/USD. So, Rs 1.14 crores equivalent to USD 152000. A return of 9% p.a. in dollar terms. On the contrary if the rupee appreciates to 55/USD, then 1.14 crores equals USD 207000. A return of 15.5%. in dollar terms.
Foreign Account Tax Compliance Act (FATCA) declaration has to be given mentioning the Tax Residency Number or functional equivalent.(it will be done while investing)
Note: FATCA is a tax sharing agreement between India and USA.
Double Taxation Avoidance:
Since a resident is liable to pay tax in India on his ‘total world income’, it is possible that he may have to pay tax on his foreign income in that country also. To avoid such a situation the Government of India has entered into agreements for avoidance of ‘double taxation’ with different countries.
Short term capital gains (holding period less than 1 year) are taxed at 15%. Long term capital gains (holding period more than a year) are taxed at 10% above a gain of 1 lakh per financial year.
Short term capital gains (holding period less than 3 years) are taxed as per their income tax slab. Long term capital gains (holding period > 3 years) are taxed at 20% after indexation.
(along with applicable Surcharge and Health & Education Cess) will be deducted at source at the time of redemption/ switch of units in case of NRI investors.