FEMA and International Taxation
- Foreign Contribution (Regulation) Act, 2010
- Accounts & Audit
- All FCRA services online
- Applicability
- Change of designated bank account, name, address, aim, objects or key members of the association
- Declaration of receipts of foreign contribution
- Foreign Contribution
- Inspection & Seizure
- Introduction
- Penalty
- Registration of the Association
- Restriction on Administrative Expenses
- Restrictions on acceptance of foreign hospitality
- Restrictions on Accepting FC
- Speculative Activity
- Total Ban on acceptance of Foreign Contribution & Hospitality
- Transfer of FC to other Registered or Unregistered Persons
- Foreign Exchange Management Act, 1999
- Acquisition and transfer of Immovable property in India
- Acquisition and Transfer of Immovable Property outside India
- Bank Accounts in India
- Borrowings from Non-residents
- Branch/Liaison/Project Office in INDIA
- Branch/Liaison/Project Office outside India
- Capital & Current Account Transactions
- Compounding & Contravention under FEMA
- Cross Border Merger Regulations
- Introduction
- Investment in India
- Miscellaneous
- Overseas Direct Investments
- Residential Status under FEMA
- Trade Transactions – Import & Export
- International Taxation
Miscellaneous
Remittances of proceeds of assets by foreign nationals
Remittance of proceeds of assets by a foreign national are allowed where:
- the person has retired from employment in India;
- the person has inherited from a person who was resident in India;
- the person is a non-resident widow/widower and has inherited assets from her/his deceased spouse who was an Indian national resident in India.
However, the remittance should not exceed US$ one million per financial year. The limit will not cover sale proceeds of assets held on repatriation basis. Remittances of balances held in a bank account by a foreign student who has completed his/her studies is also allowed, provided such balance represents proceeds of remittances received from abroad through normal banking channels or rupee proceeds of Forex brought by such person and sold to an authorised dealer or out of stipend/scholarship received from the Government or any organisation in India. All these facilities are not available for citizens of Nepal or Bhutan or a PIO.
Remittance of proceeds of assets by NRIs/PIOs
NRIs/PIOs, on submission of documentary evidence, are allowed to remit up to US$ one million per financial year:
- out of balances in NRO A/c or sale proceeds of assets or assets acquired in India by way of inheritance/legacy;
- in respect of assets acquired under a deed of settlement made by either of his/her parents or relative (as defined in Companies Act, 2013);
- in cases where settlement is not done by retaining any life interest in the property i.e., during the lifetime of the owner/parent, it would tantamount to regular transfer by way of gift and the remittance of sale proceeds of such property would be guided by the existent instructions on remittance of balance in the NRO A/c.