Is holding bank accounts and
investments in India are entitled to repatriate funds abroad,
subject to certain guidelines issued by the Reserve Bank of
India. Accordingly:
- Current
income earned from interest on deposits, dividends, rent,
mutual fund distribution from any type of deposit,
investment or properties is allowed for repatriation net of
income tax in India. This includes income earned from
business in India by a NRI as proprietor, partner or joint
venture entity.
- Proceeds
of sale from immovable property are repatriable as per the
following norms:
a) Without permission from the
RBI Sale
proceeds from property, upto a maximum of USD 100,000
per annum can be repatriated, after payment of tax. However,
the property should have been acquired in accordance with the
provisions of foreign exchange laws in force at that time.
The proceeds from
the sale of upto 2 residential properties only are allowed.
The balance is repatriable through an NRO Account. Further
exemption is permitted from the RBI up to the value of
purchase consideration paid in foreign exchange
Furthermore, refund of
application or earnest money from property seller in case of
non-allotment of flat or plot; and cancellation of booking for
purchase of residential or commercial properties, together
with interest, net of taxes, provided original payment is made
out of NRE/FCNR(B) account/inward remittances is
allowed.
b) With RBI
permission For
NRIs who had acquired immovable property in India, and who are
not covered under clauses discussed above, the proceeds of the
sale of such immovable property can be repatriated with
special permission from the RBI only on the grounds of
adversity.
The
sale proceeds or realization of assets in India from
inheritance, legacy or bequest can be allowed for repatriation
only up to USD 100, 000 per calendar year, under general RBI
permission. This has been enhanced to an overall limit,
including remittances of proceeds of immovable property held
for more than 10 years, remittance for education and medical
purposes, of upto USD 1 million.
However, RBI permission is mandatory on grounds of adversity
in cases not covered by general permission of the
RBI.
Other assets permitted for repatriation under special
permission of the RBI are: Bank and company deposits,
provident fund and superannuation., LIC claims, sale of mutual
fund units, non-convertible debentures, stocks and shares held
in Indian companies under FDI and Portfolio Investment Scheme,
and debt instruments of the Government of India
In addition, repatriation
from the NRO account can be made to meet
- Educational
expenses of their children, upto USD 30,000 per annum
- Medical
expenses for self or family upto USD 1,00,000
Returning NRIs/ PIOs can continue
to hold property they invested in abroad, and income from such
an asset can be remitted to NRE and FCNR (B) accounts.
Proceeds of sale of assets held outside India can be credited
to RFC account
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