An Indian Citizen who stays abroad for employment/carrying on business or vocation outside India or stays abroad under circumstances indicating an intention for an uncertain duration of stay abroad is a non-resident. Persons posted in U.N. organisations and officials deputed abroad by Central/State Governments and Public Sector undertakings on temporary assignments are also treated as non-residents.Non-resident foreign citizens of Indian Origin are treated on par with non-resident Indian citizens (NRIs) for the purpose of certain facilities.Resident Indian students proceeding abroad for persuing studies are also treated as Non-Resident.
A.For the purposes of availing of the facilities of opening and maintenance of bank accounts and investments in shares/securities in India A foreign citizen (other than a citizen of Pakistan or Bangladesh) is deemed to be of Indian origin, if, (i)he, at any time, held an Indian passport, or (ii)he or either of his parents or any of his grand parents was citizen of India by virtue of the Constitution of India or Citizenship Act, 1955 (57 of 1955).
Note:A spouse (not being a citizen of Pakistan or Bangladesh) of an Indian citizen or of a person of Indian origin is also treated as a person of Indian origin for the above purposes provided the bank accounts are opened or investments in shares/securities in India are made by such persons only jointly with their NRI spouses.
B.For investments in immovable properties A foreign citizen (other than a citizen of Pakistan, Bangladesh, Afghanistan, Bhutan, Sri Lanka, or Nepal), is deemed to be of Indian origin if, (i)he held an Indian passport at any time, or (ii)he or his father or paternal grand-father was a citizen of India by virtue of the (Constitution of India or the Citizenship Act, 1955 (57 of 1955).
Yes.Accounts can be maintained by NRIs in rupees as well as in foreign currency. Accounts in foreign currencies can, however, be maintained with authorised dealers only.
NRIs are permitted to maintain Two types of rupee accounts viz. Non-resident (External) Rupee Accounts (NRE), Account, Ordinary Non-resident Rupee Accounts (NRO).
Authorised dealers have been permitted to credit the proceeds of foreign currency notes/travellers cheques brought by the account holder from abroad during his visit to India provided they are tendered in person. Where the amount of foreign currency notes tendered exceeds U.S.$ 5000/- or its equivalent or the total amount of currency notes and travellers cheques tendered for credit to NRE accounts exceeds U.S.$ 10,000 or its equivalent, it should have been declared to the Customs on the Currency Declaration Form (CDF) at the time of the account holder's arrival into India. Further, in the case of travellers cheques, they should be presented by the account holder himself and discharged by him in the presence of the official of the concerned bank.
Balances held in NRE accounts can be repatriated abroad freely, whereas funds in and NRO account cannot be remitted abroad but have to be used only for local payments in rupees. Consequently, funds remitted from abroad or local funds which can otherwise be remitted abroad to the account holder can be credited to NRE accounts to take the benefits of repatriation and income-tax . Funds due to the non-resident accountholder which do not qualify, under the provisions of FEMA, for remittance outside India are required to be credited to NRO accounts.
NRO account can be held jointly with residents. NRE accounts can :
- Opened jointly with another NRI.
- Opened jointly with a resident close relative on former or survivor basis. Close relative as defined in Sec 6 of the Comapnies Act
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. Debits to the accounts for the purpose of investment in India and credits representing sale proceeds of investments are allowed subject to the account holder giving an undertaking at the time of opening the account to the effect that such investments/disinvestments would be covered either by the general or special permission of Reserve Bank.
Funds held in NRE accounts can be repatriated abroad freely. Funds held in NRO accounts, can be repatriated outside India with an overall limit of USD one million per financial year including sale of assets held by NRI's in India, on production of an undertaking and certificate by a person making remittance in Form and application for remittance as given under section 195 of the Indian Income-Tax Act.
Funds held in NRE accounts can be repatriated abroad freely. Funds held in NRO accounts, can be repatriated outside India with an overall limit of USD one million per financial year including sale of assets held by NRI's in India, on production of an undertaking and certificate by a person making remittance in Form and application for remittance as given under section 195 of the Indian Income-Tax Act.
Yes. Banks maintaining such accounts have been authorised to permit such payments. Airlines/shipping companies and their agents have also been permitted to accept payments in rupees.
Yes, except for the purpose of relending, carrying on agricultural/plantation activities or for investment in real estate business. Loans against NRE fixed deposits can, however, be utilised for investments in India on non-repatriation basis, in certain specified areas and for acquisition of flats/houses subject to prescribed conditions.