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Repatriation

Every NRI is keen to repatriate his current income and rupee assets to his place of residence outside India or to hold it as convertible Forex in India. The Indian Government has liberalised provisions as to repatriation for all the assets whether acquired as NRI from Forex or Rupee Funds or which were held by him when he was a resident in India.

1. Current Income Repatriation
All types of income in the nature of Interest, Dividends, Rent, Mutual Fund distribution from any type of deposit, investment or properties is permitted for repatriation net of Income tax.

This also covers income earned from business in India by a Non-resident as proprietor, Partner or joint venturer.

2A. Immovable Property

The sale proceeds of the property is permitted for repatriation as under:

  I.  Without RBI permission

 A.     Property held for more than 10 years: NRIs/PIOs are allowed to repatriate the funds held in their NRO A/c up to US$ 100,000 per calendar year being sale proceeds of immovable property held by them for period of not less than 10 years subject to payment of taxes. This has been enhanced to an overall limit (including remittances of proceeds of inherited assets, remittance for education and medical purposes) of US$ 1 million, which is effective from 13 January 2003 subject to further review by RBI.

2B.     Other Properties:

a)      The property was acquired by the seller in accordance with the provisions of foreign exchange law in force at the time of acquisition.

b)      It is sold after 3 years of date of Purchase Deed or final payment of Purchase consideration which ever is later. However, the above lock in period of 3 years is not applicable in case of such property sold by NRI/PIO on or after 19.08.2002

c)      Only up to the value of Purchase consideration paid in Foreign Exchange. 

II. With RBI permission

In case of a non-resident who had acquired immovable property in India, and who is not eligible under I above, sale proceeds of such immovable property can be repatriated by obtaining special permission of the Reserve Bank of India on the ground of hardship.


3. Legacy, Bequest, Inheritance

The sale proceeds/realisation of assets is permitted for repatriation as under:

a) Without RBI Permission
NRIs/PIOs will be able to remit up to US$100000 per calendar year out of the assets in India acquired by them by way of inheritance/legacies. This has been enhanced to an overall limit (including remittances of proceeds of immovable property held for more than 10 years, remittance for education and medical purposes) of US$ 1 million , which is effective from 13 January 2003 subject to further review by RBI.

b) With RBI permission
Until further information on the above(a) and for any other assets, repatriation is allowed only after obtaining special permission of the Reserve Bank India on the ground of hardship etc. and subject to conditions as specified in the permission.


4. OTHER ASSETS(Without repatriation Rights)

The sale proceeds/realisation of assets is permitted for repatriation as under:

- Deposits with Banks/Firms/Cos.
- P.F/Super Annuation Balance
- Life Insurance Maturity proceeds/claims
- Sale proceeds of Shares, Securities,
- Any other assets/Immovable Property

Repatriation is permitted (Net of Tax) only by obtaining special permission of the Reserve Bank India on the ground of hardship etc. and subject to conditions as specified in the permission.

5.     NRIs/PIOs are allowed to repatriate the funds held in their NRO A/c for the following purposes:

a.      up to USD 30000 per academic year to meet expenses in connection with education of their children.

b.      upto USD 100000 to meet the medical expenses abroad of the account holder or his family members.

However, this individual limits has been enhanced to an overall limit (i.e. aggregate of remittances of proceeds of immovable property held for more than 10 years, proceeds of inherited property, remittance for education and medical purposes) of US$ 1 million , which is effective from 13 January 2003 subject to further review by RBI.

6.  The NRI's are eligible to apply for repatriation of Income for all the years from 1996-97 onwards.

7.  SBI bonds - Subsequently Permitted.

The NRI BONDS, 1988 and NRI BONDS ( Second Series) issued by the State Bank of India which matured in 1996 - 98 were issued without repatriation right as to principle as well as interest. However the Reserve Bank of India subsequently permitted repatriation of the maturity value comprising interest on the bonds being in the nature of current income. Many bondholders have not exercised the right to repatriate the income on maturity of these bonds. You can exercise repatriation right even now. Roughly, the reparability works out at about 30% of the maturity value.

The procedure for repatriation of Income/Assets shall be provided at request.

We do provide assistance in completing the procedural and certification work for remittances of Capital as well current income with and without RBI permission.

 
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