Q. 1 Who Is A Non-Resident Indian (NRI) ?
Q. 1 Who Is A Non-Resident Indian (NRI) ?
Q. 1 Who Is A Non-Resident Indian (NRI) ?
Q. 3 What is an OCB?
Ans. Overseas Corporate Bodies (OCBs) are bodies predominantly owned by individuals
of Indian nationality or origin resident outside India and include overseas companies,
partnership firms, societies and other corporate bodies which are owned, directly or
indirectly, to the extent of atleast 60% by individuals of Indian nationality or origin
resident outside India as also overseas trusts in which atleast 60% of the beneficial
interest is irrevocably held by such persons. Such ownership interest should be actually
held by them and not in the capacity as nominees. The various facilities granted to NRIs
are also available with certain exceptions to OCBs so long as the ownership/beneficial
interest held in them by NRIs continues to be atleast 60%.
BANK ACCOUNTS
Q. 6 Can accounts be maintained by NRIs with any bank in India?
Ans. Banks holding authorised dealers' licences (i.e. banks authorised to deal in foreign
exchange) or banks specifically authorised in this behalf by Reserve Bank can only
maintain accounts in the names of NRIs. Certain co-operative/commercial banks
(referred to as authorised banks) have been specifically permitted to maintain accounts of
NRIs expressed in rupees even though they are not authorised dealers.
Q.8 Can NRIs maintain current / savings / fixed deposit rupee accounts with
authorised dealers/authorised banks in India?
Ans. NRO and NRE accounts can be maintained in current/savings/fixed deposits form
while NRNR account can be only in fixed term deposits.
Q.9 What are the different types of rupee accounts permitted to be maintained?
Ans. Three types of rupee accounts viz. Non-resident (External) Rupee Accounts (NRE
accounts), Ordinary Non-resident Rupee Accounts (NRO accounts) and Non-resident
(Non-repatriable) Rupee deposit accounts (NRNR) are permitted to be maintained.
Q.12 Can resident Power of Attorney holder operate on the NRE accounts?
Ans. Yes, but only for local payments to be made on behalf of the account holder. In
cases where the account holder or a bank designated by him has been granted permission
by Reserve Bank to make investments in India, the Power of Attorney holder (POA) is
permitted to operate the account to facilitate such investments. POA holders cannot,
however, make gifts from NRE accounts.
Q. 17 Are debits and credits to NRO accounts allowed freely by banks maintaining
the accounts?
Ans. Yes. Debits for local payments are allowed freely. Funds representing legitimate
dues of the account holder or proceeds of remittances received from abroad through
banking channels are permitted to be credited freely.
Q. 24 Can loans raised against NRE fixed deposits be repaid out of funds in NRO
accounts?
Ans. The loans raised against NRE deposits can be repaid out of NRO funds but in such
cases, the interest would be charged at commercial rate as in force from time to time.
Q. 29 Is there any scheme under which non-residents other than NRIs can also keep
rupee deposits with banks in India?
Ans. Yes, NRIs and other non-residents can maintain NRO rupee accounts as well as
keep deposits with banks in India under NRNR Rupee Deposit Scheme.
Q. 33 Can the principal together with the interest accrued on NRNR deposits be
renewed, on maturity?
Ans. Only the principal amount of deposit could be renewed under the scheme upto 30th
September 1994. However, since interest accrued for the period from 1st October 1994 is
repatriable, the principal amount together with interest accrued for the period from 1st
October 1994 can be renewed under the scheme.
Q.34A What is the status of NRO/NRE accounts on the return of the account holder
to India?
Ans. Banks have been advised to redesignate such accounts as resident accounts on return
of the account holder to India.
Q.34B Does the account holder suffer any loss of interest on such redesignation of
accounts?
Ans. No Banks have been advised to continue to pay interest at the contracted rate till the
maturity of the deposit if the deposit is held for the full term even after conversion into
resident rupee account.
Q. 36 What are the foreign currencies in which such accounts can be maintained?
Ans. FCNR Accounts can be maintained in Pound Sterling, U.S. Dollar, Deutsche Mark
and Japanese Yen.
Q. 38 What is the maximum period of maturity for a FCNR term deposit account?
Ans. The maximum period of maturity is three years.
Q. 42 Are the interest rates on FCNR deposits liable for periodical revision?
Ans. Yes. The Banks have been permitted to offer interest on such deposits at rates not
more than the LIBOR prevailing on the last working day of the previous week for the
relevant maturity and currency. Subject to this guideline, banks can offer either fixed or
floating rate of interest on such deposits.
Q. 43 What about debits to FCNR accounts for local payments?
Ans. Debits for local payments in rupees are allowed freely. As regards debits for
investments in India, please see Chapters III and IV.
Q.46A What is the status of FCNR accounts on the return of the account holder to
India?
Ans. Banks would treat the deposits held in FCNR accounts as resident deposits but
would continue to pay interest at the contracted rate till maturity of the deposit.
Q. 47 Can NRIs invest their funds in Government securities or Units of Unit Trust
of India (UTI)?
Ans. Yes. NRIs are freely permitted to invest their funds in Government securities or
Units of UTI through authorised dealers. Units can also be purchased directly from UTI.
Q. 53 Are any formalities required to be completed by NRIs for getting the benefit
of the above general permission?
Ans. No. However, the firms/companies concerned are required to file declarations with
Reserve Bank in form DIN giving particulars of the investments made, within ninety days
from the date of the investment.
Q. 67 How does an NRI obtain permission of Reserve Bank for investment under
the 24% or 40% or 100% Scheme?
Ans. The NRI investor need not apply to Reserve Bank. Application for necessary
permission under the schemes should be made by the Indian company/firm to the Central
Office of Reserve Bank in Mumbai in form ISD/ISD(R).
Q. 68 Besides the 24%, 40% and 100% Schemes is there any other scheme for
investment by NRIs in the equity of Indian companies?
Ans. Yes. NRIs are permitted to undertake revival of sick industrial units by making bulk
investment in them to the extent of 100 per cent either by way of purchase of existing
equity shares or in the form of subscription to new equity issues.
Q. 69 Is the capital brought into India for revival of a sick industrial unit allowed to
be repatriated?
Ans. Yes.
Q. 70 How can an NRI obtain permission of Reserve Bank for investment in a sick
industrial unit?
Ans. Application for necessary permission should be made by the Indian company to the
Central Office of Reserve Bank in Mumbai in form RSU.
Q. 73 What is the procedure for obtaining Reserve Bank permission in this regard?
Ans. Applications for the purpose should be made by the concerned Indian company to
the Central Office of Reserve Bank in Mumbai in form ISD(R).
Q. 89 Whether NRI can apply through more than one designated branch?
Ans. No. Each NRI has to select one branch for this purpose for investment on
repatriation/non-repatriation basis.
Q. 91What is the validity period of Reserve Bank approval for the purchase of
shares/debentures of Indian companies or units of domestic Mutual Funds?
Ans. Reserve Bank approval is valid for a period of five years from the date of issue. This
can be renewed further by making a request by means of a simple letter.
Q. 92 Is there any ceiling on the investment under the Portfolio Investment Scheme?
Company Deposits
Q. 93 Can NRIs keep deposits with companies in India with repatriation benefits?
Ans. Yes. NRIs are permitted to keep deposits with public limited companies in India for
a minimum period of three years subject to certain ceilings/conditions. Application for
the purpose is required to be made by the company receiving the deposits through an
authorised dealer.
Q. 94 Do NRIs need permission of Reserve Bank for placing funds in fixed deposits
with firms/companies on non-repatriation basis?
Ans. Yes. Permission for placement of funds in fixed deposits with firms/companies in
India is granted by Reserve Bank on application by the depositor or the deposit accepting
firm/company, on non-repatriation basis, subject to certain ceilings/conditions.
Sale/Transfer of Shares/Securities
Q. 96 Is permission of Reserve Bank required for sale/transfer of Government
securities/units?
Ans. No. Authorised dealers have been permitted to undertake sale of Government
securities/units on behalf of NRIs without prior approval of Reserve Bank. Sale/maturity
proceeds can be remitted abroad if the original investment was made out of funds
remitted from abroad or funds in NRE/FCNR accounts. Otherwise, they will have to be
credited to NRO account of the holder.
Q. 104 In what manner the purchase consideration for the residential immovable
property should be paid by foreign citizens of Indian origin under the general
permission?
Ans. The purchase consideration should be met either out of inward remittances in
foreign exchange through normal banking channels or out of funds from NRE/FCNR
accounts maintained with banks in India.
Q. 106 Can such property be sold without the permission of Reserve Bank?
Ans. Yes. Reserve Bank has granted general permission for sale of such property.
However, where the property is purchased by another foreign citizen of Indian origin,
funds towards the purchase consideration should either be remitted to India or paid out of
balances in NRE/FCNR accounts.
Q. 107 Can sale proceeds of such property if and when sold be remitted out of
India?
Ans. In respect of residential properties purchased on or after 26th May 1993, Reserve
Bank considers applications for repatriation of sale proceeds up to the consideration
amount remitted in foreign exchange for the acquisition of the property for two such
properties. The balance amount of sale proceeds if any or sale proceeds in respect of
properties purchased prior to 26th May 1993, will have to be credited to the oridinary
non-resident rupee account of the owner of the property.
Q. 111 Can foreign citizens of Indian origin acquire commercial properties in India?
Ans. Yes. Under the general permission granted by Reserve Bank properties other than
agricultural land/farm house/plantation property can be acquired by foreign citizens of
Indian origin provided the purchase consideration is met either out of inward remittances
in foreign exchange through normal banking channels or out of funds from the
purchasers' NRE/FCNR accounts maintained with banks in India and a declaration is
submitted to the Central Office of Reserve Bank in form IPI 7 within a period of 90 days
from the date of purchase of the property/final payment of purchase consideration.
Q.115 Can NRIs obtain loans for acquisition of a house/flat for residential purpose
from financial institutions providing housing finance?
Ans. Reserve Bank has granted general permission to certain financial institutions
providing housing finance e.g. HDFC, LIC Housing Finance Ltd., etc., to grant housing
loans to non-resident Indian nationals for acquisition of a house/flat for self-occupation
subject to certain conditions.
Q. 116 Can authorised dealer grant loans to NRIs for acquisition of a flat/house for
residential purposes?
Ans. Authorised dealers have been granted permission to grant loans to non-resident
Indian nationals for acquisition of house/flat for self-occupation on their return to India
subject to certain conditions. Repayment of the loan should be made within a period not
exceeding 15 years out of inward remittance through banking channels or out of funds
held in the investors' NRE/FCNR/NRO accounts.
Q. 119 Are they required to obtain any permission from Reserve Bank for holding
these assets?
Ans. No.
Q. 120 Do they enjoy any freedom in regard to utilisation of these overseas assets?
Ans. Yes. They would enjoy complete freedom for utilisation of these assets as well as
income earned or sale proceeds received subsequently.
Q. 121 Can they bring back the overseas assets to India and hold them with separate
identity?
Ans. Yes. They can repatriate these assets to India and hold them separately in India with
authorised dealers under the Resident Foreign Currency Accounts Scheme (See Part B
below).
Q. 123 Is any permission from Reserve Bank required for opening such accounts
with authorised dealers?
Ans. No.
Q. 126 Can income received from their overseas assets in the form of dividends etc.,
or sale proceeds of such assets be credited to RFC accounts?
Ans. Yes. The entire income from such assets or sale proceeds of such assets repatriated
to India can be credited to RFC accounts.
Q. 127 Can pension received by the account holder from abroad be credited to his
RFC account?
Ans. Yes. The entire amount of pension received from abroad can be credited to his RFC
account.
Q. 128 NRIs returning to India for permanent settlement were granted RIFEE
facility. Is this facility still available?
Ans. No. RIFEE facility has been replaced by the RFC accounts facility.
Q. 132 Can persons who have returned to India after a short assignment of less than
one year open RFC accounts?
Ans. Their applications for opening such accounts would be considered by Reserve Bank.
Persons who have gone abroad for studies, training, etc. are, however, not eligible for this
facility.
Q. 137 Is it necessary that the NRI should have stayed abroad at least for a
minimum period of six months prior to his return to India for being eligible to bring
gold?
Ans. Yes.
MISCELLANEOUS
Q. 142 Are any tax concessions available to NRIs on balances/deposits held in
NRE/FCNR accounts?
Ans. Yes. Income from interest on moneys standing to the credit of NRE/FCNR accounts
is exempt from Income-tax. Gifts from such accounts to close relatives are also free of
Gift-tax.
Q. 144 What are the tax benefits to the NRNR deposit account holders?
Ans.They enjoy the following tax benefits:
i) Income from the deposits will be free from Indian Income-tax.
ii) The deposit will also be exempt from Gift tax for one-time gifting (in the cae of NRIs
only).
iii) Exemption from Income-Tax will not be available to resident donee and those
residents, who being joint holders, become owners of the deposit as survivor of the non-
resident depositor.
Q. 147 At what rates are remittances in foreign currencies made by NRIs converted
by banks into rupees?
Ans. Such remittances will be converted by banks at the market rate of exchange.
Q. 148 Can remittances be sent into India otherwise than through the medium of a
bank in the country of residence of the remitter?
Ans. Yes. Exchange Houses in the Gulf countries have been permitted to send
remittances into India by means of DDs, MTs and TTs drawn on banks in India.
Q. 150 Can NRIs remit funds through Exchange Houses for investment in
Government securities, National Savings Certificates and Units of Unit Trust of
India?
Ans. Yes.
Q. 151 Can NRIs remit funds through Exchange Houses for investment in
shares/debentures of Indian companies?
Ans. Yes, subject to general/specific permission of Reserve Bank for such
investment.
Q. 152 Can NRIs send drafts issued by Exchange Houses for acquisition of residential
flats in India?
Ans. Yes. NRIs can send drafts issued by Exchange Houses in favour of co-operative
housing societies/estate developers for acquisition of residential flats in India in
individual names.
Q. 153 Can NRIs remit premia on policies issued by the Life Insurance Corporation
of India by means of drafts issued by Exchange Houses in favour of the
Corporation?
Ans. Yes.
Q. 155 Can NRIs take out of India precious stones or jewellery purchased by them during
their visit to India?
Ans. Yes. NRIs can take out of India precious stones and jewellery (both gold and non-
gold) purchased by them in India, without any limit, provided the purchase is made
against payment in any convertible foreign currency.
Q. 156 Can assets held in India by NRIs prior to their becoming non-resident be
repatriated outside India?
Ans. No.
Q. 157 Can NRIs take out of India household articles such as carpets, curios, etc.,
purchased out of funds in NRO accounts during their temporary visit to India?
Ans. Yes. RBI permits on application such requests received from NRIs up to the value
of Rs. 20,000 for such articles (other than those made of gold or silver or those banned
for exports).
Q. 158 Can NRIs settle their hotel bills in India in Indian rupees?
Ans. Yes.
Who is a Non-Resident?
Non-resident status, for exchange control purposes, is determined by the nature of the
stay abroad. Duration of stay in India is of limited significance. If one is employed, has a
business or pursues a vocation one is a non-resident. If one has business interests in India
and abroad and travel frequently, resident status would depend on the length of stay in
India. To be eligible for retaining Indian residency, the stay in India must be more than
one hundred and eighty two days during the course of the preceding financial year.
You are considered a NRI if you are a non-resident and an Indian citizen, a non-resident
foreign citizen and of Indian origin.
Top
How do I know if I am a person of Indian origin?
If you are a foreign citizen and want to open a bank account or invest in Indian shares and
securities, you are considered to be of Indian origin if,
• You or any one of your parents or any one of your grand parents were a citizen of
India
• You are not of Indian origin but your spouse is an Indian citizen or is a person of
Indian origin. (Your bank accounts and investments should be held jointly with
your spouse)
If you are a citizen of Pakistan or Bangladesh, you are not considered to be of Indian
origin even if you meet the above criteria.
If you want to acquire immovable property in India, you are considered to be of Indian
origin if you
You become resident in India only when you come back to India for employment, to
carry on business or pursue a vocation. You also become a resident if your stay in India is
for an indefinite period.
You continue to be a NRI when visits to India are for short periods like holidays.
You remain a NRI on short business visits as long as you have a job abroad.
There is a wide range of investment opportunities for NRIs like Bank Deposits,
Government securities, public sector bonds, primary share issues (both public and private
placement), secondary equity markets, convertible and non-convertible debentures,
partnership and proprietary concerns, start ups, mutual funds, company deposits,
immovable property.
If your investment has been allowed on repatriation basis, you can take back abroad the
principal and the income. If your investment is on non-repatriation basis you can take
back only the income.
The Reserve Bank of India and Government of India have granted general permission for
certain kinds of investments like Bank Deposits. For the rest permission is needed.
Investments in IPOs and debentures, the issuing company will get the necessary approval.
Mutual Funds also get RBI clearanc
Who is a non-resident Indian (NRI)