NRI Special Episode Transfer Money Out Of India How To Do It Legally ?
Summary
TLDRIn this episode of Expert PE, Dr. Chra discusses the legal intricacies of money transfer from India for NRIs and residents. Chartered accountant CA Sri Rra explains the $1 million remittance scheme for NRIs, detailing its conditions, exceptions, and documentation requirements. The conversation clarifies misconceptions about taxes and the necessity of PAN for remittances, emphasizing the importance of adhering to FEMA regulations and the role of authorized dealer banks in ensuring compliance.
Takeaways
- 📚 The video discusses legal ways for NRIs and residents to transfer money outside of India for various purposes like education, health, property, and business.
- 🏦 Chartered accountant CA Srira explains the regulations and steps for money remittance, emphasizing the importance of following legal procedures.
- 💼 NRIs have the right to remit money from India if the funds are from non-prohibited sources and taxes have been paid, but certain regulations must be followed.
- 🚫 Capital account transactions usually require prior permission from the RBI, while revenue account transactions like dividends and rental income can be remitted freely under the automatic route.
- 💵 The $1 million scheme allows NRIs to remit up to $1 million per person per year without prior RBI permission, but with certain exceptions and conditions.
- 🏠 The $1 million scheme does not apply to remittances of funds from NRE or FCNR accounts, as these are considered already outside of India for FEMA purposes.
- 🚫 The scheme cannot be used to transfer money to third parties; it is meant for transferring to one's own foreign account for personal use.
- 💼 Remittance under the $1 million scheme does not require an additional 20% tax or TCS, unlike the Liberalized Remittance Scheme for residents.
- 📄 For remittance, NRIs must have a PAN card and may need to provide documentation to the bank for due diligence, but form 15CA/CB is not required under FEMA.
- ✅ The video promises a follow-up episode to address the remittance process for resident Indians, indicating the complexity and need for guidance in this area.
Q & A
What is the main topic discussed in the video?
-The main topic discussed in the video is the legal and procedural aspects of transferring money outside of India, particularly for Non-Resident Indians (NRIs) and Resident Indians.
Who is the expert being interviewed in the video?
-The expert being interviewed in the video is Chartered Accountant Srira, a practicing chartered accountant who specializes in direct taxes and income tax litigations.
What are the two types of transactions mentioned in the video that affect fund remittances?
-The two types of transactions mentioned are Capital Account Transactions, which involve modifications of assets or liabilities, and Revenue Account Transactions, which involve income like dividends, interest, or rental incomes.
What is the significance of the $1 million scheme for NRIs mentioned in the video?
-The $1 million scheme allows NRIs to remit up to $1 million per person per year from India without requiring prior permission from the Reserve Bank of India (RBI), provided the funds are not sourced from prohibited transactions.
Does the $1 million scheme apply to both NRIs and Resident Indians?
-No, the $1 million scheme is specifically for NRIs and Overseas Citizens of India. Resident Indians have a separate Liberalized Remittance Scheme with a limit of $250,000 per financial year.
Can an NRI use the $1 million scheme to transfer money to a friend outside of India?
-No, the $1 million scheme is only for transferring money to the NRI's own account outside of India. Transfers to third parties do not qualify under this scheme.
Are there any tax implications when an NRI remits money under the $1 million scheme?
-There is no additional tax like TCS (Tax Collected at Source) applicable for remittances under the $1 million scheme once the applicable taxes in India have been paid.
What is the role of an Authorized Dealer (AD) Banker in the remittance process?
-An Authorized Dealer (AD) Banker is the bank through which an NRI can remit funds outside of India. An NRI can only use one AD Banker for remittances in a financial year.
What documents are typically required for remittances under the $1 million scheme?
-Typically, forms prescribed by the RBI, declarations, and documentary evidences proving the source and purpose of remittance are required. The exact documents can vary based on the nature of the funds being remitted.
Is it necessary for an NRI to have a PAN card to remit money under the $1 million scheme?
-Yes, an NRI must have a PAN card to remit money from India to outside of India under the $1 million scheme.
What is the purpose of forms 15CA and 15CB in the context of remittances?
-Forms 15CA and 15CB are requirements under the Income Tax Act, not the Foreign Exchange Management Act. They are not typically required for remittances to an NRI's own account outside of India but may be requested by the banker for due diligence purposes.
Outlines
🌟 Introduction to NRI Money Transfers
The video begins with a warm welcome from the host, who introduces the topic of transferring money from India for Non-Resident Indians (NRIs) and residents alike. The host emphasizes the importance of understanding legal hurdles and procedures for various purposes such as education, health, property, and business investments. The episode features a discussion with a chartered accountant, CA Sri RRA, who is an expert in income tax and has helped many NRI audiences with their tax queries. The conversation aims to provide guidance on legally moving money out of India, discussing regulatory requirements and steps to follow.
💼 Legalities and Capital Account Transactions
CA Sri RRA explains the legal framework for money transfer, highlighting the difference between capital account transactions (which may require prior permission from the Reserve Bank of India, or RBI) and revenue account transactions (which are generally free to remit without restrictions). The discussion clarifies that funds earned legally and on which taxes have been paid can be remitted from India, but specific regulations must be followed. The video also introduces the $1 million remittance scheme for NRI individuals, allowing them to transfer up to $1 million per financial year without prior RBI permission, with certain exceptions.
🚫 Limitations and Exceptions of the $1 Million Scheme
The conversation delves into the limitations and exceptions of the $1 million remittance scheme, emphasizing that it is applicable only to non-resident individuals and not for resident Indians. The scheme does not permit money transfer to third parties for purposes like starting a business or investing; it is meant for personal accounts. The video also addresses the ineligibility of funds originating from prohibited transactions, such as the purchase of agricultural land, to be remitted under the scheme. Additionally, the host and CA Sri RRA agree to create a separate video to address the remittance rules for resident Indians due to the growing need for such information.
🏦 Banker's Role and Documentation Requirements
CA Sri RRA outlines the role of the authorized dealer (AD) banker in the remittance process, explaining that an NRI can only use one AD banker per financial year for remittances. The video discusses the documentation requirements set by the RBI, including forms and declarations that must be filled out and submitted by the remitter. The host emphasizes the importance of having a PAN card for remittance purposes and the banker's responsibility to ensure compliance with tax regulations and due diligence. The video also clarifies that form 15CA and 15CB are not required under the $1 million scheme for transfers to one's own foreign account.
📚 Conclusion and Future Video Announcement
The video concludes with a summary of the key points discussed, including the rules and regulations for NRI money transfers, the $1 million scheme, and the importance of documentation and due diligence. The host encourages viewers to ask questions and share their thoughts in the comments section, promising to address common queries in future videos. The host also announces plans for a separate video focusing on resident Indians' remittance rules, acknowledging the high demand for such information. The video ends with a call to action for viewers to subscribe, like, share, and stay tuned for more informative content.
Mindmap
Keywords
💡NRI
💡Remittance
💡Legal hurdles
💡FEMA
💡Automatic route
💡Capital account transactions
💡$1 million scheme
💡Authorized dealer (AD) banker
💡Tax liabilities
💡PAN card
Highlights
The episode discusses legal ways for NRIs and residents to transfer money outside of India for various purposes.
CA Sri Rra explains the regulations for sending money out of India, including when prior permission from RBI is required.
Capital account transactions, which modify assets or liabilities, usually require prior permission for fund remittance.
Revenue account transactions, such as dividend or rental income, can be remitted without much restriction under the automatic route.
The $1 million scheme allows NRIs to remit funds without prior permission, but with certain exceptions.
The $1 million remittance limit is exclusive to NRIs and not applicable to residents, who have a limit of $250,000.
The $1 million scheme is not for making payments to others but for transferring to one's own foreign account.
Remittances from NRE or FCNR accounts are not subject to the $1 million scheme as these accounts are considered outside of India.
There is no additional tax like TCS required for remittances under the $1 million scheme.
An NRI must have a PAN card in India to avail of the $1 million remittance scheme.
The process for remittance involves designating an AD (Authorized Dealer) bank and providing necessary documentation.
Banks may require a CA's certification for due diligence, but it is not necessary for every transaction.
Form 15CA and 15CB are not required under FEMA for remittances to one's own foreign account.
The video promises a separate episode to address the remittance queries of resident Indians.
The host encourages viewers to subscribe and share the video for its informative content on financial guidance.
Transcripts
dear viewers welcome to yet another
episode of expert PE I'm picking up a
very popular topic I'm picking up a
topic which is relevant to every NRI and
to a lot of Resident individuals as well
everyone is looking to transfer money
outside of India could be education
expenses could be health related
expenses to buy a property to start a
business to invest outside of India but
people hit hurdles there are legal
hurdles there are law requires them to
do certain things in this episode I'm
going to talk to expert of the week
chartered account SRI ra about how
people can move money out of India in a
legally correct way and what are the
steps that you need to follow stay till
the end of the video very fine points
I'm going to discuss with chartered
accountant SRI ra this is NR clinic for
you and I am Dr chra your financial
guide for a happy living
[Music]
NRI money Clinic no hype just the right
advice dear viewers to talk about this
very important sensitive topic I have
requested my eminent faculty ever
willing chartered accountant CA Sri rra
CA Sri rra has deciphered so many finer
points of income tax for the benefit of
our audience he is here today yet again
to talk about how money can be remitted
outside of India this video is all about
for nris who want to remit money outside
of India we are also trying to pick up
certain threads for the resident Indians
how they can Reit money but if the video
becomes very large probably I request
CRA to come again on our channel to do
one specific video for the benefit of
President IND uh for those people who
haven't seen camra till now I'll give
you a brief introduction of s ra he is a
practicing chartered accountant partner
at n city at PO he practice direct taxes
he appears for litigations on income tax
he has helped countless of NRA audiences
in solving the tax queries welcome yet
again sham for this episode you're
welcome uh my first question to you is
can nris only Reit money into India or
do they have a right to take money
outside India as well any person who has
funds in India which is ear earned from
a source which are not prohibited under
FMA and also on which the applicable
taxes in India as been paid such funds
will be eligible to be remitted from
India there is no issues however there
are certain regulations which needs to
be followed before remittance of funds
and certain of funds which are to be
remitted they are you know require
specific prior permission from RBI and
most most of the funds which are
required to be limitted are you know
does not require any prior permission
from RBI or central government and it is
it can be covered within an automatic
route and funds can be remitted without
the prior fission you talked about prior
permission of RBI and you also said in
an automatic route which does not
require anyone's permission you can send
this money out of India uh can you
explain when the permissions are
required at when the automatic route we
opted for yes certainly there are
certain Capital account transaction that
is to say a transaction which is
modifying the asset or liability and say
remittance of funds which are soured out
of modification of asset or liability
will be considered as capital account
transaction and generally funds soured
out of capital account transaction will
come under the prior permission category
and any Revenue incomes that is to say
dividend income received from their
investment in India or say interest
income received or say they are
receiving rental incomes which are you
know a current year income we can say
saying that every year that income is
being earned by that particular person
from their investments in India these
Investments are called as revenue
account transactions as such and which
are free for remittance without much of
a restrictions under pemma under
automatic route there is no requirement
for prior permission of RBA in this
regard uh we have heard about this $1
million scheme uh specifically for NRA
it says that every NRA is entitled to
reparate money at the rate of $1 million
per person per year uh can you throw
some light on this what are the S
features of it who can use it what does
it cover and what it does not yes
absolutely I can you know throw some
lights on that this particular $1
million scheme is applicable for
remittance by a person being a
non-resident under Foreign Exchange
Management act which is pemma it is an
exception rule that means to say
whatever may be the other rule say this
$1 million scheme is a specific rule
which is allowing the person to remit
funds even though certain uh those funds
require prior permission of RBA before
remittance for example if there's a
capital account transaction on sale of
an iner so this is the consideration
received there from which is lying in
the bank account is a capital account
transaction if that fund has to be
remitted outside of India at that time
it is mandatory for that part particular
person to take the permission of RBI
however the fund if it is less than $1
million for a financial a to be remitted
then there is no requirement for Prim
permission by that non-resident he can
Avail the benefit of this ke and whereby
he can remit the funds under this key
without requirement of fire prior
permission under an automatic rule
however this EX exception rule has got
some further exception say for example
if there is an asset which is in India
which is held by that particular person
in contravention of the provisions of
feema that means say a non-resident had
purchased an immobile property being an
agricultural property this is prohibited
under femma for a non-resident to
purchase some he came to know that he
has purchased you know with the
violation that's why he sold it now and
the conservation is received in the bank
account that money will not be eligible
to be remitted outside of India because
that money was originated from a
transaction which is pried under feema
so this is an exception to exception
otherwise all the capital account
transactions generally will be allowed
to be limitted unless they are
specifically prohibited for from
remittance of from India when we talk
about $1 million schem is it only
applicable to nris when I say not
nonresident individuals I am refering to
non-resident Indians does it apply only
for them or even a resident Indian can
make use of this scheme the $1 million
scheme is applicable only to
non-resident or ocas overseas citizen of
India for remittance of funds from India
under an automatic and they have an
higher limit of $1 million per Financial
year for remittance however whereas a
resident has an similar rout but it is
called as liberalized the remittance
scheme under this he can remit up to .25
Millions only .25 million dollar that is
2 and a half lakh USD or financial year
he can remit that is the rule applicable
for Resident but nonent the additional
threshold of $1 million per has been
provided Mr sham ra let's do a separate
video for the benefit of our resident
Indians we had done a video earlier also
which has quite become quite popular now
the relevance of this video could be
much higher we were doing the statistics
last year we saw about 13 and a half
lakh children have gone outside of India
for higher education alone uh consider
the amount of uh people who are
traveling people going abroad for
Medical Treatments people uh these days
buying properties outside of India like
in Bali in duai so the need for
remittance of money to outside of India
is on the rise so we will promise our
audience that we'll do separate video
with all the Kat all the rules and
regulations that you need to follow when
it comes to question of remitting money
to outside of India in case of President
Indians now coming back to our subject
now we talked about $1 million for the
NIS I'll ask you some of the
ramifications of it or some of the
complications that could be there in it
let's say that I an N I am eligible to
transfer $1 million outside of India now
my friend wants to start in hospitals
can I remit $1 million from India to a
friend of mine who is outside of India
under the scheme the answer is no the
sent scheme is only for the purpose of
remittance to sell and not for the
purpose of making payment to the others
that means you have an account outside
of India you from your Indian bank
account you transfer it to your own bank
account outside of India so that is
eligible under the $1 million scheme if
you want to make a payment to somebody
else $1 million scheme will not do your
rescue you have to either take
permission if it is required otherwise
if it is a revenue account transaction
you can remit under normal other rules
the $1 million scheme will not apply
under those circumstances here one more
K if you want to invest outside of India
say you are a non-resident in India you
transfer from your own bank account to
your bank account outside of India from
there you can make investment but from
India to directly there cannot be done
under $1 million so which means to say
the the ad bank will check to whom the
money is going so you are to your own
account so that's permitted but if you
say the beneficiary is a third party so
they will object for it so make sure you
collect this money in your account and
decide what you want to do with this
money once it reaches your back account
when it comes to question of $1 million
scheme you mentioned about uh one
restriction assets are acquired uh In
Contention of the F law then you can't
remit this money outside of India are
there any other restrictions other than
these ones normally any funds remittance
of which are allowed or which are not
specifically prohibited in the PMA can
be remitted under $1 million however if
any transaction by remittance which are
specifically prohibited under PMA then
such remittance cannot be remitted under
the scheme if the amount to be remitted
over and about $1 million scheme then
prior per permission of RBI is required
so this is how it is so almost
everything is covered but then exception
so to just summarize as long as it does
not violate the FMA law the source of
funds that's permitted as long as it is
within the threshold of $1 million per
person per year it's permitted anything
beyond that either it is not permitted
or you need RBA permission to transfer
money outside of India one doubt uh in
case of n is nris maintain heal of a lot
of nfds they have fcnr deposits now the
law says it is freely reparable outside
of India now when somebody moves money
out of India from their NRE or fcnr
account has it to be computed under $1
million scheme or it is something
different the answer to that is $1
million scheme will not apply for
remittance out of the NR or fcnr fund
because even though they are the type of
bank accounts maintained with an Indian
Bank from the perspective of Foreign
Exchange Management act that is femma
these accounts have the balances which
are already outside of IND India that
means if any funds are there it is
already considered as outside of India
so the funds can be freely repatriable
outside of India without any limit hence
they are not covered by the regulations
of $1 million scheme for threshold of
calculation of $1 million if any
remittance out of NRE and fcnr that will
not be counted so if my understanding is
correct whatever an NRI transacts from
his NR fcnr account with respect to
moving money outside of India has
nothing to do with the 1 million schem
you can do it you can transfer money at
your will whenever you want whichever
the day you wanted no questions ask over
there yes however your funds which are
there in India if it has to be moved
that is where the $1 million scheme uh
will apply so you don't need to uh take
into account any transactions you have
made from your NRA account into this uh
Mr sham uh sometime back we also have
done a video on this there was a
sensational news that to remit money out
outside of India you need to Shell down
20% tax and it becomes such a Hot Topic
divoted topic trending topic Google
YouTube all over the place now when it
comes to question of $1 million schem
are nris required to Shell down 20% tax
before they Adit money outside of India
see the money which is lying in the bank
account on that whatever is the tax
liability if any that needs to be
discharged that means to say say I have
sold sold the property I earn sale
consideration on that if any tax
liability is there that needs to be paid
but once it comes to my bank account and
taxes all that uh already been paid then
for remittance purpose there is no tax
applicability I think you're referring
to TCS which is applicable for
remittance of funds under liberalized
remittance scheme the lrs scheme
liberalized remittance scheme is
applicable only when a resident remit
fund from India to outside of and at for
$1 million scheme there is no
applicability of TCS so for the purpose
of remittance of funds there is no
additional tax to be paid uh in terms of
TCS or any other particular TDS or
whatever it is when somebody wants to
transfer uh money under $1 million can
he just walk into a bank and say that I
an NRA I want to transfer money $1
million outside of India and do it or is
there a documentation that needs to be
done are there clearances which are
required before the money leaves India
here one need to make sure that for a
financial year when a person is
remitting funds outside of India he can
only have one Banker that we normally
call it as authorized dealer Banker ad
banker and from only one Banker he can
make the remittance from India to
outside of India in One Financial year
so he can do that in tranches also so
there is no restriction that in one go
only the Entre money has to go outside
of India under $1 million so he has to
First make sure one of his Banker where
his funds are that Banker is termed as
ad Banker for the purpose of remittance
if he has funds in multiple bank
accounts in India he has to bring the
those monies into One bank account and
from there he can make the remitance
outside of India this is one of the
requirement second requirement is the
documentation there are documentation
requirement under the foreign management
act so under RBI guidelines they have
you know prescribed certain forms to be
filled up wherein they have to mention
the source for the what is the purpose
of remittance provide certain other
documentary evidences for remittance of
funds those are actually very subjective
and there there are forms which are
similar to form2 for remittance of funds
and and declarations certain
declarations to be given by the nonr
which the banker will help you to you
know fill up those forms and make the
submissions along with the were check
for remittance Etc if you provide it to
the banker they will make the remittance
out of India to their bank accounts
outside of India now the banker is
supposed to do other due diligence also
for example the source of fund whether
that has been taxed or not whether the
tax relevant tax on that has been paid
or not in this regard they may ask for
certain other documents say if the
proceeds are from sale of an immovable
property then they will ask for the
immovable property sale uh registered uh
deed of the that immovable property sale
they will ask for say um form 16a for
the TDS being directed on the sale of
immovable property say they may ask for
the return of income whether that has
been you know filed by that particular
person declaring this income so on and
so forth so these are the certain other
documents or information which the
banker may ask for which the person who
is reming funds from India to outside of
India has to provide to the bank which
means there is a need of a chartered
accountant to ify certain of these
documents it is not necessary in each
and every transaction that there is a
requirement of a Char accountant but for
certain due diligence procedures which
the banker will you know have to take
care at that time he may require certain
certification from a child accountant
for if there are no proper documentary
evidences are available at the disposal
of the banker which means to say uh here
an NRA must have a pan card before he
uses the $1 billion scheme I suppose is
that correct 100% a person remitting
funds from India to outside of India
must have a pan in India without the pan
he cannot remit funds from India to
outside of India at all so there is a
huge responsibility here in these cases
on the ad Banks to assertain that the
thresholds are not violated and the
required regulatory requirements
pertaining to the applicable taxes if
anything has to be paid are paid here
and take a certificate from chartered
accountant or as the case may be
whatever that the procedures say have to
be ensured so the control points here is
only one ad bank is allowed ad Bank May
track their par to know has he used it
multiple number of times at multiple
number of places to keep a
control we have heard about this
certificates called 15ca and 15 CB uh is
it something which is applicable to $1
million SK I will explain this in a very
lucid manner this form 15 csb is a
requirement under Income Tax Act it is
not a requirement under Foreign Exchange
Management act or say RBI none of them
prescribe These funds when a person
remits from India that to his own bank
account to his bank account outside of
India then no Banker can insist on form
15 CA or CB this is because of the fact
that these are the forms which are
required under Income Tax Act and not
under F hence RBI does not frame any
directions in this regard mandating such
forms to be provided by the remitter
secondly form 15 cacb is a requirement
of section 195 subsection 6 of the
income tax act read with rule 37 BB of
the income tax rule these provisions and
the rule specifically say that these
forms are required only when a person is
making the remittance in respect of a
payment which he needs to make to a
non-resident meaning thereby when a
person is transferring his fund from his
own pocket one pocket to the other
pocket say his Indian bank account to
his foreign bank account or say from his
nro bank account to his NR bank account
the bankers are also aware of this fact
so under these fact and circumstances
there cannot be any form 15 cacb
required to be furnished by the remitter
as such further the RBI Master
directions on this issue of $1 million
scheme in the one of the par it clearly
says that it is the form 15 csbs are the
requirement of income tax act and it
requires that the banker must comply
with the requirement of the tax laws as
applicable that means to say the banker
has to do the due diligence while doing
the due diligence he may ask for CER
information documentary evidences which
if the person is you know able to
furnish then there is no requirement of
form 15 csb but if the person is not
able to furnish then also there is no
requirement of form 15 CB because that
is not a requirement under income tax
but for the due diligence purpose the
banker May insist on certain other
certification required by that
particular Char accountant or in respect
of a particular transaction which the
source for the funds which is being
remitted outside of India so in a
nutshell the banker may ask for certain
certifications but that certifications
are not or cannot be provided in form 15
cacb because that is not the requirement
under income tax act when a person makes
a remittance from his own bank account
to his foreign bank account this is as
clear as that uh Mr shamra thank you
very much for all these find points you
added a lot of points from the videos
that we have done in the past and we are
Guided by the comments that received by
our audience uh my dear audience please
make note here if you have certain
doubts if you want certain clarification
uh please do raise them in the comment
section below we may or may not be in a
position to answer them immediately
however we read your comments definitely
we make note of when more and more
people ask more and more questions to us
we will collect them ask to our
faculties and will try to do a video to
solve these issues or to give you
authentic information which is asper law
uh thank you very much for your time and
uh I again request you let's try and do
one more video for the benefit of our
resident Indians how they can remit
money outside of India there are more
questions for the resident Indians with
respect to transfer of money to outside
of India than probably for the NS let's
do this videos once again very soon
thank you again for your time patience
and your ever willingness come on our
channel for the benefit of our audence
thank you very much you're welcome dear
viewers hope the video that I have done
today helped you to understand if you
were to be an NRA how you can transfer
money outside of India what are the
rules and regulations that government
what kind of certifications have to be
done what are the threshold what you can
do what you cannot do we have tried our
best to answer all the final points
around this particular subject if it
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