NRI Corner

Non-resident Indians (NRIs)

India's growing economy, large consumer market, largest democracy in the world and aspiration to grow beyond limits is attracting more and more Non-Resident Indians (NRIs) to look for opportunities of investment in India. Aspiration of vast young pool of skilled human assets, increased education level, prowess in Information Technology and Information Technology Enabled Services (ITES), emphasis of Central Government on making India a major hub for manufacturing activities for the world is contributing significantly to India Growth Story and making it a vibrant investment destination. Taking advantage of overall economic growth, business sentiments and shifting focus from China, India has emerged as most promising investment destination to Non-Resident Indians (NRIs), where policies of government are also contributing significantly in attracting more and more Non-Resident Indians to invest in India and become part of India Growth Story.

To the Non-Resident Indians (NRIs), scouting for great investment opportunities, we offer the entire gamut of financial planning and advisory services including regular updates on investment opportunities, performance report on their investments, Tax filing in India, wherever desired.

Permitted Investment Avenues available to NRIs:

-      Government securities through primary dealers.

-      Non-convertible debentures of Indian Companies,

-      Fixed Deposits with Public Limited Companies,

-      Commercial papers issued by Indian companies,

-      Bonds issued by Public Sector Undertakings (PSU's),

-      Mutual Funds,

-      Shares and convertible debentures of Indian Companies

Investment in Mutual Funds, shares and convertible debentures can be on repatriable as well as non-repatriable basis, provided the company is not involved in plantation, real estate or agricultural business. Investment on repatriable basis is subject to reporting requirements of RBI. NRIs are permitted to make investments both in the primary as well as secondary market.

-      Capital Contribution to Proprietorship / Partnership Firm can only be on non-repatriable basis,

-      General permission is available to a NRI, being an Indian Citizen, to invest in immovable property in India, provided funds are remitted from outside India or through NRE/ FCNR accounts. NRIs / PIOs can freely rent out their immovable properties, without seeking any permission from RBI.

Prohibited Investment Avenues to NRIs:

-      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.

Extent of Tax Liability:

Based on the residential status of a tax payer and the place where the income is earned, the income in the hands of various persons is taxable as under:

Resident in india:All incomes whether earned in India or outside India. However benefit of tax treaties is available, if tax payers meet specific conditions of the treaty and domestic tax regulations.

Not Ordinarily Resident in India: All incomes which are

-      Earned in India, and

-      Earned outside India if the same is derived from a business which is controlled in India or from a profession which is set up in India.

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 provide relief in such a situation the Government of India has entered into agreements (tax treaties) for avoidance of 'double taxation' with different countries, consequent upon which impact of double taxation is significantly reduced in the hands of Resident in india.

Non Resident: All incomes earned in India

Since Non-Resident Indians may also be liable to pay tax in their home country on income earned in India, certain provisions have been inserted in domestic tax laws of India to provide relief to such tax payers both resident of countries with whom the Government of India has entered into agreements (tax treaties) for avoidance of 'double taxation' and to resident of other countries as well. Consequent upon this impact of double taxation is significantly reduced in the hands of Non-Resident in India.

Q. Who is a Person Resident in India (Resident Ordinarily Resident (ROR)) as per Indian Income Tax Law:-

A Person Resident in India is an individual who satisfies one of the following conditions:

-      Resides in India for a minimum of 182 days in a year.

-      Has resided in India for a minimum of 365 days in the immediately preceding four years. In addition, he must reside in India for a minimum of 60 days in the current financial year.

Q. Who is a Person Not Ordinarily Resident in India (Resident Not Ordinarily Resident (RNOR)) as per Indian Income Tax Law:-

A Person who is considered as Resident in India as aforesaid is considered as Resident Not Ordinarily Resident (RNOR), if both the conditions specified below are met:

-      He has been resident in India in at least 2 out of 10 immediate preceding previous years.

-      He has resided in India for at least 730 days in seven immediately preceding previous years.

Q. Person Non-Resident in India as per Indian Income Tax Law:-

An individual who does not satisfied either of the two conditions specified above is regarded as a non-resident and is taxed in India accordingly.