Skip to main content

NRI Realty Investment Norms Eased


   The rights and entitlements as well as the limitations and restrictions on the acquisition, holding and transfering of immovable property in India by a Non-Resident Indian (NRI) or Person of Indian Origin (PIO) have been much simplified.


   NRIs and PIOs are permitted to purchase residential and commercial property in India without seeking any prior permission and without any limitations on the number or size of such properties. When purchasing a residential/commercial property, an NRI/PIO can make requisite payments only from funds that have been remitted to India through normal banking channels or from funds held in an NRE/NRO/FCNR (B) account maintained in India. They are not permitted to make payments against such purchase in foreign currency or by traveller's cheques or any other mode except those specified by the RBI.


   However, NRIs/PIOs wishing to purchase agricultural land/plantation property/farmhouse in India have to seek the specific permission of the Reserve Bank of India (RBI) which considers such proposals in consultation with the government of India. Where a person has acquired agricultural land/ plantation property/farmhouse when he was a resident in India, such person may continue to hold these properties even after becoming an NRI/PIO without the approval of RBI.


   Further, NRIs and PIOs may acquire residential and commercial property (not being agricultural land/ plantation property/farmhouse) by way of gift from a person resident in India or another NRI/PIO. NRIs and PIOs can acquire by way of inheritance any immovable property in India, including agricultural land/plantation property/farmhouse. It is crucial that the person from whom the property is inherited (who could be a person resident in India or person resident outside India) should have acquired such property in accordance with the provisions of foreign exchange law in force or FEMA regulations.


   A citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal or Bhutan is not permitted to acquire / transfer any immoveable property in India (except by way of lease for less than five years) without prior permission from RBI.


   Holding immovable property


   NRIs and PIOs do not require any prior approval for leasing / renting out residential/commercial properties owned by them (irrespective of whether such property is purchased from rupee/foreign exchange funds). The rental money received can either be credited to an NRO/NRE account or remitted abroad. If current income such as rental income, pension, interest, etc. is being remitted abroad, NRIs and PIOs need appropriate certification by a qualified chartered accountant, certifying that the amount proposed to be remitted is eligible for being remitted and applicable taxes on it have been paid for.

TRANSFERRING IMMOVABLE PROPERTY    

The restrictions and prescriptions on transfer of immovable property by a PIO/NRI differ with respect to the nature of immovable property being transferred and mode of transfer viz. sale and gift. (See table)

OUTWARD REMITTANCES

Outward remittances by NRIs and PIOs of proceeds obtained from selling their property in India are also regulated. The immovable property being sold should have been acquired as per provisions of applicable foreign exchange law in force at the time of its acquisition. Secondly, the amount to be repatriated should not exceed the amount that was paid for acquiring such property.


   If the property was bought out of Rupee sources and its sale proceeds deposited in an NRO account, NRIs and PIOs may repatriate an amount of up to US$ 1 million per financial year out of the balances held in such NRO account, for bonafide purposes, subject to satisfying the authorised dealer bank and compliance with taxes. In the event the property being sold was acquired by way of gift/inheritance from a person resident in India, the sale proceeds should be credited to an NRO account only. Upon production of valid documentary evidence supporting such gifting/inheritance of property along with tax clearance certificate, NRIs and PIOs may repatriate an amount of up to US$ 1 million per financial year out of the balances held in such NRO account, subject to the satisfying the authorised dealer bank. Also, remittances exceeding US$ 1 million per financial year requires prior permission of RBI. On the other hand, if the property being sold was acquired out of foreign exchange sources, the amount that can be repatriated should not exceed the amount that was paid for it in foreign exchange received through normal banking channels. Here, it is important to note that sale proceeds from only a maximum of two residential properties can be repatriated. When contemplating purchasing or selling property, NRIs and PIOs must refer to the latest guidelines released by the RBI from time to time. Carrying out transactions in accordance with prevalent laws undoubtedly helps minimise chances of property and tax litigation in the future.

 


Popular posts from this blog

Mutual Fund Review: Religare Tax Plan

Tax Plan is one of the better performing schemes from Religare Asset Management. Existing investors can redeem their investment after three years. But given the scheme's performance, they can continue to stay invested   Given the mandated lock-in period of three years, tax saving schemes give the fund manager the leeway to invest in ideas that may take time to nurture. Religare Tax Plan's investment ideas revolve around 'High Growth', which the fund manager has aimed to achieve by digging out promising stories/businesses in the mid-cap segment. Within the space, consumer staples has been the centre of attention for the last couple of years and can be seen as one of the key reasons for the scheme's outperformance as compared to the broader market. It has, however, tweaked its focus and reduced exposure in midcaps as they were commanding a high premium. The strategy seems to have worked as it returned a 22% gain last year. Religare Tax Plan has outperformed BSE 100...

Nifty F&O

  1. What is a straddle? A strategy using Nifty options usually before a major event or when one is uncertain of market direction. Comprises purchase of a Nifty call and put option of the same strike price. Usually strikes are purchased closer to the level of the underlying index. 2. What is better ­ buying or selling a straddle? It depends.Implied volatili ty of options, or near-term expectations of price swings in an un derlier like Nifty , usually peaks before an event and falls when the outcome plays out ­ like Infy re sults in past years. However, once the event plays out, a sharp rise or fall in Nifty could result in price of the straddle rising ­ benefiting buy ers. But, normally , those who sell or write options charge hefty premiums from buyers in the hope that fall in volatility would ensure the options end out-of-the-money, hurting buyers. 3. So, do straddle sellers end up winning most of the time? Yes. That's invariably the case when market volatility is trending on the...

JP Morgan launches Emerging Markets Opportunities Equity Offshore Fund

Download Tax Saving Mutual Fund Application Forms Invest In Tax Saving Mutual Funds Online Buy Gold Mutual Funds Leave a missed Call on 94 8300 8300 JP Morgan launches Emerging Markets Opportunities Equity Offshore Fund    The new fund offer opens for subscription on 16 th June and closes on 30 th June. JP Morgan Mutual Fund today announced the launch of its open end fund of fund called Emerging Markets Opportunities Equity Offshore Fund. The fund will invest in an aggressively managed portfolio of emerging market companies in the underlying fund - JPMorgan Funds - Emerging Markets Opportunities Fund, says a JP Morgan press release. Noriko Kuroki, Client Portfolio Manager, Global Emerging Markets Team (Singapore), JPMAM said, "Emerging markets have been out of favour for several years, as growth decelerated and earnings struggled. However, in a world of globalisation, we believe that EM will eventually re-couple with DM, leading to the long-aw...

Good time to invest in Infrastructure Funds

Download Tax Saving Mutual Fund Application Forms Invest In Tax Saving Mutual Funds Online Buy Gold Mutual Funds Leave a missed Call on 94 8300 8300   Good time to invest in infrastructure The Sensex has gained almost 10 per cent from May 15 till date, while the CNX Infrastructure Index has gained almost 17 per cent in the period. The price to earnings ( P/ E) ratio of the BSE Sensex is 18.96; for the CNX Infrastructure Index, it is 24.57. The estimated P/ E for next year is 14.04 for the Sensex. Of the 24 companies that make up the CNX Infrastructure Index, six have a P/ E higher than 20. Does this mean infrastructure is fairly valued? Or, has it run up quite a bit? According to experts, barring stray companies, the infra sector is fairly valued and it is a good time to invest. Even if some companies are facing debt restructuring problems, once interest rates come down and regulatory norms become flexible, they will start giving good re...

Mutual Funds: Past Performance is not just everything

Many a times your agent / distributor / relationship manager tries to push you some mutual fund schemes by enticing you with a typical sales pitch…"Sir, this scheme has generated 20% returns in the past one year." And this sales pitch often gets louder when the market conditions have been favourable. Some of the agents / distributors / relationship managers have another unique way of luring you. They say, "Sir / madam this scheme has been awarded the best scheme award in the past by a leading business channel"... And hearing all these sales talks you investors very often get attracted and sign a cheque in favour of the respective scheme.   But please ask yourself do you hear these sales talks when the capital markets turn turbulent? Why is it so that your agent / distributor / relationship manager avoids talking to you during turbulent times of the capital markets and doesn't boast about returns generated by the respective funds or awards being conferred on t...
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