Skip to main content

How to buy Property in India by NRIs


   Real estate is popular as an investment avenue not just with resident Indians but also with Indians posted offshore or on secondments to international destinations. If you are already servicing a home loan while going on a posting abroad, nothing much changes. Your EMIs continue as per the existing PDC (postdated cheque) or ECS (electronic clearing service) mandate. But bankers advise that you should inform your home loan lender about change in address and your status. Be it an NRI or a resident Indian, the terms and conditions of home loan are largely the same for both sections of borrowers. But, it is advisable to inform the bank about change of address or relocation to another country. This way the customer will not miss any crucial letter or detail from the bank, which may impact his loan.


But if you are a new borrower who is posted abroad, you are treated like an NRI customer. Hence, you have to repay the loan through your NRE/NRO (non-resident external/non-resident ordinary) account even if you have a fully functional account in India. As per the Foreign Exchange Regulation Act, 1973, NRIs are Indian citizens staying abroad for employment or for business or vocation outside India. He/she should hold an Indian passport. Working professionals on second ment to another country, government servants posted abroad with Indian missions, and government professionals deputed on assignments with foreign governments or regional/international agencies like the World Bank, IMF, etc, fall under this category.

RBI GUIDELINES

Any NRI holding an Indian passport is eligible to buy a house in the country. But the money for the property should be routed through legitimate normal banking channels by way of inward remittance from any place outside India. Alternatively, you can also use your non-resident accounts to make the payments.

 

The RBI's guidelines for granting loans to NRIs state:


a) The loan amount should not exceed 85% of the cost of the property.
b) The individual's self-contribution should be from direct remittances from abroad through normal banking channels such as the non-resident (external) [NR(E)] account and/or non-resident (ordinary) [NR(O)] account in India. c) Even the repayment of the loan, comprising the principal and interest, should be remitted to the home lender form these accounts.

NEED FOR POWER OF ATTORNEY

An NRI applicant has to provide the power of attorney (POA) to a local relative before the loan is approved. It is helpful for the bank to have some local touchpoint.


If you are already servicing a loan, a bank may not insist on a POA. But you can avoid procedural hassles by giving a POA to a trustworthy relative in India. When an NRI buys a property, it may be under construction. Later, the property will need registration. It will not be possible for the customer to physically be present for all the formalities. Hence, the authorised individual with the POA can carry out important decisions on behalf of the customer.

TAX IMPLICATIONS

NRIs usually put money in real estate in India as an investment. Like resident Indians, NRIs, too, get tax benefits on housing loan's interest payments, say tax experts. Of course, the assumption is that the NRI has rental or interest income in India. But the bigger tax implication for NRIs kicks in when the house is ready for occupation. The tax implications depend upon the end use of the house and the host country in which the NRI resides.

IF THE HOUSE IS RENTED OUT

NRIs residing in the US have to pay income-taxes on their worldwide taxable income. Therefore, rental income from the house in India is taxable in the US. However, a deduction can be claimed on the interest payable on the loan taken for purchasing the house. In addition, the expenses on renting the property, such as maintenance charges, brokerage paid to the agent, property insurance, fees paid for registration of the rental agreement, depreciation, etc, can be deducted from the rental income.


In the UK, however, the taxability of the rental income from property situated outside the UK depends on the residential status, domicile, remittance, etc. In case, the rental income from the Indian house is taxable, then one can claim deduction on the interest on the loan taken for the purchase of the property. One can also claim deduction on the maintenance charges, brokerage paid to the agent, property insurance, fees paid for the registration of the rental agreement, etc.


If you are a tax resident in Australia, you are liable to pay income-tax in Australia on your worldwide income, which would include the rental income from the property in India. In such a case, you can deduct the interest payable on the loan taken for purchasing the house. You can also claim deduction on expenses, such as maintenance charges, brokerage paid to the agent, property insurance, fees paid for registration of the rental agreement, etc.


There is no personal income tax payable in the Gulf countries. In addition, all the countries offer credit of Indian income-tax paid on the rental income as per the Double Tax Avoidance Treaty.


If the house is occupied by family members, the income-tax implications again depend on the borrower's host country (country of residence). For example, in the US, a deduction is allowed on the home mortgage interest even if the property is situated abroad.

 
 

Popular posts from this blog

Rs 14,000 Crore worth of tax free bonds coming soon from NHAI , PFC

  NHAI, PFC file prospectuses, coupon rate not yet decided MORE debt investment options have opened up for investors with AAA rated tax-free bonds worth over Rs 14,000 crore lined up. The National Highway Authority of India ( NHAI ) and Power Finance Corporation ( PFC ) are offering Rs 10,000 crore and Rs 4,033.13 crore worth of tax-free bonds, respectively, as per prospectuses filed with the Securities and Exchange Board of India (Sebi). Of a Rs 5,000 crore issue by PFC, Rs 966.87 crore has already been raised through private placement on September 28 and November 1. Tax-free bonds give investors tax-free return on any amount invested. In another kind of bonds, the long-term infrastructure bonds, investments up to Rs 20,000 are tax exempt, that is this cap amount can be deducted from the taxable income. Accordingly, the NHAI prospectus has clarified that only the amount of interest from -and not the actual investment on -its new bonds will be tax-free. "NHAI's publ...

Change in Fund Manager for some of HSBC Mutual Fund Schemes

Buy Gold Mutual Funds Invest Mutual Funds Online Download Mutual Fund Application Forms Call 0 94 8300 8300 (India) However, this facility is only available to Unit holders who have been assigned a folio number by the AMC.   HSBC Mutual Fund has announced that the below mentioned schemes shall be managed by the new fund managers as stated in the table. The effective date will be July 02, 2012.   Amaresh Mishra 's will be Vice President and Assistant Fund Manager. Having done a Post graduate diploma in Business Management and Bachelor of Chemical Engineering, he has over seven years of experience in Equities and Sales.   Mr. Piyush Harlalka's designation shall be Vice President- Fixed Income. Qualified as a C.A., C.S. and holding M.B.A.( Finance degree), he has over six years of experience in Fund management and ...

How EEE and EET Tax affect Retirement Investments

  An important factor while choosing a financial product is its taxation , and for retirement savings, this is even more important as the sums involved are usually life-long savings. Here's a look at the current tax treatment of three major long-term retirement planning products, which are - Employees' Provident Fund (EPF), Public Provident Fund (PPF) and National Pension System (NPS). EPF The tax treatment is EEE, which means your money is exempt from taxes at the time of investment, accumulation and withdrawal. At the time of investment, the tax deduction is under the limit of section 80C of the Income-tax Act , which is currently Rs 1.5 lakh. Partial withdrawals are also tax-free if made after 5 years of continuous service. If withdrawals are made before 5 years of service, 10% tax will be deducted at source. Exceptions have also been provided for transfer of amount and conditions wherein the subscriber is unemployed for more than 2 months or the loss of job was beyond th...

Personal Finance: You can insure your wedding

But luck may not always be on your side. With the frequency of such attacks, as also other risks and unforeseen accidents growing, a wedding insurance is something you may want to look at if a marriage is being planned in the family. Event insurance plans like this is still in its nascent stages due to low awareness. And given the sacred nature of the ritual, nobody wants to discuss or think negative. But as wedding spends and risks grow, it makes sense to cover the potential monetary loss. The policy in those countries even covers the loss of the wedding ring, the wedding gown not reaching on time and even the expenses/loss due to late or non-appearance of the photographer which may mean staging the event once again for the photograph. In India, most insurance companies — including ICICI Lombard General Insurance, Oriental Insurance, Bajaj Allianz and National Insurance — offer wedding insurance. The policy is tailor made to individual requirements and needs. The sum insur...

DSP BlackRock MidCap Fund

Best SIP Funds Online   HOW HAS DSP BlackRock Small & Mid Cap Fund PERFORMED? With a 10-year return of 14.61%, the fund has outperformed both the category average (12.34%) and the benchmark (10%) by a good margin. Should you invest in DSP BlackRock Small & Mid Cap Fund? This fund invests predominantly in mid-cap stocks but takes a sizeable exposure in small-caps as well. The focus is on nascent companies with high growth potential. The fund manager places emphasis on quality and avoids inferior businesses even if these look tempting from a valuation perspective. Over the past year, the fund portfolio has grown, having added to some of the underperforming sectors like chemicals and healthcare. Its portfolio churn has come down significantly. The heavily diversified portfolio is run completely agnostic of its benchmark index— most bets are from outside the index—which can at times lead to bouts of underperformance as seen in the recent years....
Related Posts Plugin for WordPress, Blogger...
Invest in Tax Saving Mutual Funds Download Any Applications
Transact Mutual Funds Online Invest Online
Buy Gold Mutual Funds Invest Now