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Demystifying Tax Residency Certificates for NRIs and Business Owners

Tax Residency Certificate (TRC) is a crucial document for NRIs or anyone earning income from foreign sources. In this blog, we will discuss everything about the TRC, from what is TRC to its applicability to how to obtain it, and its validity. By reading this blog, you will learn about the importance of the TRC, the documents required to apply for it, and how NoBroker can help you get it hassle-free. So, let’s dive in!

Tax Residency Certificates

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What is a Tax Residency Certificate?

What is a Tax Residency Certificate
(Credits: pixabay)Understanding Tax Residency Certificate in India Can Help You Save a Lot on Taxes

Confused what is a TRC Certificate? A Tax Residency Certificate (TRC) is a document issued by a country’s tax authorities to confirm an individual’s or company’s tax residency status. It serves as proof that the recipient is a tax resident of a particular country and is eligible for certain tax benefits under the Double Taxation Avoidance Agreement (DTAA) between the two countries. TRCs are particularly important for non-resident Indians (NRIs) and business owners who have dealings in multiple countries.
Read: TCS on Foreign Remittance: Understanding Implications


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Types of Resident in Income Tax

Understanding the classification of residents under income tax laws is crucial for determining one’s tax obligations and privileges. Different countries have various criteria for defining tax residency, often based on the duration of stay or the centre of economic interest. Here are the primary types of residency statuses commonly recognised in income tax regulations:

  • Ordinary Resident: This category includes individuals who are residents in a country for tax purposes, typically determined by their physical presence over a certain period within the tax year. Ordinary residents are usually taxed on their worldwide income.
  • Statutory Resident: Often defined by specific criteria such as spending more than a predetermined number of days in the country during the tax year. Statutory residents are required to pay taxes on all income earned within and sometimes outside of the country, depending on national laws.
  • Non-Resident: Individuals who do not meet the residency requirements are considered non-residents. They are generally taxed only on the income earned from sources within the country.
  • Deemed Resident: This status applies to individuals who, for tax purposes, are treated as residents based on factors other than their physical presence. This could include the location of their permanent home, their family, or their economic interests.
  • Part-Year Resident: Individuals who change their residency status during the tax year may be classified as part-year residents. They typically owe taxes proportionate to the amount of time they spent as residents.

Eligibility Criteria For Obtaining TRC

To be eligible for a TRC, an individual or company must be a tax resident of the issuing country, as per the tax laws of that country. Additionally, the applicant must have a permanent establishment or fixed place of business in the foreign country, or they must be a resident of that country for a certificate of residence for tax purposes.

Benefits of a Tax Residency Certificate

A Tax Residency Certificate (TRC) is a vital document for individuals and businesses that need to prove their tax status in a specific country. This certificate is particularly important for those who have cross-border economic activities, as it helps establish their tax residence to claim benefits under international tax treaties. Here’s how obtaining a TRC can be beneficial:
Read: Best NRI Accounts in India 2024

  • Avoidance of Double Taxation: TRC serves as a key tool to prevent double taxation on the same income in two different countries, thus reducing your overall tax burden.
  • Eligibility for Tax Treaties: It allows taxpayers to take advantage of reductions in tax rates and exemptions offered under tax treaties between countries.
  • Streamlined Tax Reporting: Having a TRC simplifies the process of tax reporting by clearly establishing which country’s tax laws apply to the taxpayer’s income.
  • Enhanced Credibility with Tax Authorities: Possessing a TRC adds a layer of credibility to your financial affairs, showing tax authorities that your tax status is clear and validated.
  • Legal Protection: The certificate provides a legal basis for your tax residence, protecting you from potential legal issues concerning your residency status.
  • Improved Financial Planning: By clarifying your tax obligations, a TRC helps in better financial and business planning.

Significance of TRC for NRIs and Business Owners

TRCs are significant for NRIs and business owners as they can help them avoid double taxation on their income earned in a foreign country. With a TRC, they can avail of tax benefits under the DTAA between the two countries, including reduced rates of tax withholding on their income. This can help them save money and avoid the hassle of dealing with complex tax laws in multiple countries.
Read: Complete Overview of ICICI NRI Account Opening Steps in India in 2024

TRC Validity And Renewal Process

TRCs are typically valid for one financial year, and they need to be renewed every year to continue availing of the tax benefits under the DTAA. The renewal process is similar to the initial application process, and the applicant needs to submit the required documents and information to the tax authorities in the issuing country.

How to Apply for a Tax Residency Certificate

Apply for a Tax Residency Certificate
(Credits: pixabay) Apply for a tax residency certificate as soon as possible to avoid double taxation

Tax residency certificates (TRCs) are important documents that establish an individual’s tax residency status in a foreign country. For NRIs and business owners, obtaining a TRC can help them avoid double taxation and simplify their tax filing process. In this section, we will provide a step-by-step guide on how to apply for a TRC in India, along with some tips to ensure a smooth application process.

How to Obtain a Tax Residency Certificate for NRIs?

Applying for a TRC in India involves several steps that can be completed either online or offline. Here is a step-by-step guide to help you through the process:

  • Determine your eligibility: Before applying for a TRC, you must ensure that you meet the eligibility criteria outlined by the Indian government.
  • Gather necessary documents: You will need to gather several documents, including proof of identity, address, and tax residency.
  • Fill out the TRC application form: The application form is available online and must be filled out with accurate information.
  • Submit the application: Once the application is complete, it must be submitted along with the required documents.
  • Track the status of your application: You can track the status of your application online and will receive an email notification when the TRC is ready for collection.

Documents Required For TRC Application

When applying for a TRC in India, you will need to provide the following documents:
Read: NRI Gift Tax Explained: Key Rules and Considerations

  • Proof of identity: Passport, PAN card, Aadhaar card, or other government-issued ID.
  • Proof of address: Utility bill, bank statement, or rental agreement.
  • Tax residency proof: Tax return filed in India or the foreign country, or a certificate of residency issued by the foreign country.
  • Other documents: Application form, photographs, and any other documents required by the Indian government.

Tax Residency Certificate Format

The format of a Tax Residency Certificate (TRC) can vary depending on the country issuing it, but most certificates contain key elements that are internationally recognised to satisfy tax authorities and treaty partners. Here is a general outline of what a typical TRC might include:

  1. Title: The document should be clearly labeled as a Tax Residency Certificate at the top.
  2. Issuing Authority: The name and contact details ofthe tax authority issuing the certificate.
  3. Certificate Number: A unique identifier for the certificate.
  4. Date of Issue: The date on which the certificate was issued.
  5. Validity Period: The time period for which the certificate is valid, typically for one fiscal year.
  6. Taxpayer Details:
  • Name: The full name of the individual or entity.
  • Address: The current address as per tax records.
  • Tax Identification Number (TIN): The tax number assigned to the individual or entity.
  • Date of Birth/Incorporation: For individuals, their date of birth; for entities, the date of incorporation.
  1. Residency Status: A statement confirming that the individual or entity is a resident for tax purposes in the issuing country for the specified tax year.
  2. Purpose of Certification: The reason for which the TRC is being issued, typically to claim benefits under a tax treaty.
  3. Signature: The certificate must be signed and stamped by an authorised official of the issuing tax authority.
  4. Additional Notes: Any additional remarks or legal references that support the residency claim.

Common Mistakes to Avoid During TRC Application

While applying for a TRC, it’s important to avoid common mistakes that can delay the process or result in rejection. Here are some mistakes to avoid:

  • Inaccurate information on the application form.
  • Submitting incomplete or missing documents.
  • Failing to meet eligibility criteria.
  • Applying for a TRC when it’s not required.
  • Choosing the wrong TRC category.

Online vs Offline TRC Application Process

In India, you can apply for a TRC either online or offline. The online process is faster and more convenient but requires you to have a digital signature. The offline process, on the other hand, is more time-consuming but allows you to submit physical copies of documents. The table below summarises the pros and cons of each method:

MethodProsCons
OnlineFaster and more convenientRequires digital signature
OfflineAllows physical copies of documents to be submittedMore time-consuming

By following these guidelines and ensuring that you meet the eligibility criteria and have all the necessary documents, you can easily apply for a TRC in India and enjoy the benefits of tax residency status.

Everything NRIs need to know about Form 10F for Income Tax

Tax Residency Certificates Form 10F for Income Tax
(IMAGE CREDITS: studylib) Form 10F is a crucial document that needs to be submitted along with the tax residency certificate]

Understanding Form 10F and Its Significance for Non-Resident Britons

Form 10F plays a pivotal role in the financial lives of non-resident Britons (NRBs) seeking to benefit from the Double Taxation Avoidance Agreements (DTAA) between the United Kingdom and India. This crucial document verifies the tax residency status of NRBs in the UK, enabling them to assert tax relief on income earned in India. 

Neglecting to submit Form 10F can result in NRBs being subjected to higher tax rates. To qualify for Form 10F, NRBs must adhere to specific criteria, including residing in a country that has a DTAA with India, lacking a permanent establishment in India, maintaining a tax liability in India below the designated threshold, and providing evidence of their tax residency status abroad. 

Navigating the Form 10F process involves obtaining a Tax Residency Certificate (TRC) from the UK, accurately completing the form, and attaching essential documents before submitting it to the Income Tax Department. Avoidable errors during this process encompass inaccuracies on the form, omission of the TRC and vital supporting documents, missing the filing deadline, and failing to seek advice from tax experts regarding the repercussions of Form 10F submission.

Read: TDS on Sale of Property by NRI: Guide from Sale to Taxation

How to obtain a Tax Residency Certificate in Bangalore?

Where to apply for a TRC certificate in Bangalore

NRIs residing in Bangalore can apply for a TRC certificate at the Income Tax Office located in their jurisdiction. The jurisdictional office can be identified based on the residential address of the applicant.

Process For Obtaining TRC Certificate In Bangalore

The process for obtaining a TRC certificate in Bangalore involves the following steps:

  • Obtain the application form from the jurisdictional Income Tax Office or download it from the Income Tax Department website.
  • Fill in the relevant details in the application form.
  • Attach the required documents such as a copy of the passport and visa.
  • Submit the application form along with the fee to the jurisdictional Income Tax Office.
  • The TRC certificate will be issued within a few weeks.

Important Documents Required For TRC Application in Bangalore

The following documents are required for obtaining a TRC certificate in Bangalore:

  • Application form
  • Copy of the passport
  • Copy of the visa
  • Proof of tax residency in the foreign country
  • Fee payment receipt

Common Issues Faced By Applicants In Bangalore

While applying for a TRC certificate in Bangalore, applicants may face various issues such as:

  • Lack of proper documentation: Applicants must ensure that they have all the required documents before applying for a TRC certificate in Bangalore. Lack of proper documentation can result in the rejection of the application.
  • Delay in processing: The processing time for a TRC certificate can take up to several weeks or even months. Applicants should plan accordingly and apply well in advance to avoid any inconvenience.
  • Technical issues: Applicants may face technical issues while applying online for a TRC certificate in Bangalore. It is advisable to seek help from a professional or the concerned authorities in such cases.
  • Difficulty in scheduling appointments: Applicants may find it difficult to schedule an appointment with the concerned authorities in Bangalore for submitting their TRC application. They should be prepared to follow up regularly to secure an appointment.
  • Language barrier: Language can be a barrier for non-native speakers while communicating with the authorities. It is advisable to have a translator or a person proficient in the local language to assist during the application process.

Benefits of Obtaining a Tax Residency Certificate

If you are an NRI or a business owner, obtaining a Tax Residency Certificate (TRC) can bring several benefits. Here are some key benefits you should know about-

How a TRC Can Help NRIs And Business Owners Save On Taxes

A TRC helps NRIs and business owners save on taxes by providing them with the necessary evidence to claim tax benefits under the Double Taxation Avoidance Agreement (DTAA) between India and the country where they are residents. This means that they do not have to pay taxes twice on the same income, which can result in significant savings.

TRC’s Significance In Foreign Remittance And Investment

TRC is also significant in foreign remittance and investment. It serves as proof of the tax residency status of an NRI or a business owner and can be used to avoid withholding tax on foreign remittances and investment income. This can help save a considerable amount of money in taxes.

TRC’s Role In Avoiding Double Taxation

TRC also plays a crucial role in avoiding double taxation. It serves as proof that an NRI or a business owner is a tax resident of a particular country and can be used to avoid paying tax on the same income in both India and the country of residence.

Benefits Of Obtaining TRC Through NoBroker

NoBroker offers hassle-free and convenient TRC application services to NRIs and business owners. By obtaining a TRC through NoBroker, you can enjoy several benefits, such as:

  • Expert guidance throughout the application process
  • Faster processing and delivery of the TRC
  • Competitive Pricing
  • Easy access to customer support

Consult with NoBroker’s Tax Experts

At NoBroker, we offer expert guidance and assistance for tax-related services, including TRC and Form 10F application processes for NRI individuals from over 150 countries.

Expert guidance for TRC and Form 10F application process

Our tax experts provide step-by-step guidance throughout the TRC and Form 10F application process, ensuring that you have a hassle-free experience. They also provide advice on the eligibility criteria, documentation requirements, and common mistakes to avoid during the application process.

At NoBroker, we understand that tax-related services can be complex and time-consuming. Therefore, we offer a value proposition that includes:

  • Expert guidance from qualified tax professionals
  • Transparent and competitive pricing
  • Easy access to customer support

Benefits of Consulting with NoBroker’s Tax Experts

By consulting with our tax experts, you can enjoy several benefits, such as:

  • Fast processing and delivery of the TRC and Form 10F
  • Reduced chances of errors or mistakes during the application process
  • Access to a team of qualified tax professionals with years of experience
  • Competitive Pricing

How Can NoBroker Help?

Obtaining a Tax Residency Certificate and filing Form 10F is crucial for NRIs and business owners to save on taxes, avoid double taxation, and invest in foreign remittances. NoBroker’s tax experts provide guidance for the application process, ensuring that customers avoid common mistakes and receive expert advice. While applying for a TRC or filing Form 10F, common issues like lack of knowledge, documents, and errors can be encountered. 

NoBroker’s services can eliminate these pain points. For those looking for TRC certificates in Bangalore and other parts of the country. NoBroker provides step-by-step guidance and assistance in obtaining important documents. 
Overall, NoBroker’s tax-related services are invaluable for those seeking to navigate the complex tax process with ease. Visit NoBroker NRI services for a consultation today.

Frequently Asked Questions

Q: What is a Certificate of Fiscal Residence?

Ans: A Certificate of Fiscal Residence, often referred to as a Certificate of Fiscal Residence, is an official document issued by a government authority or tax agency. This certificate serves as proof of an individual’s or business entity’s tax residency status in a specific country or jurisdiction. 
It is commonly used to claim tax benefits under Double Taxation Avoidance Agreements (DTAA) and to prevent double taxation on income earned in multiple countries. The certificate typically includes essential information such as the taxpayer’s name, address, and tax identification number, along with details regarding their fiscal residency status in the respective country.

Q: What is the meaning of tax resident?

Ans: The tax resident meaning refers to an individual or entity’s status as a resident for tax purposes in a particular country. It signifies that the person or organisation is subject to taxation on their worldwide income within that country. 
Tax residency is determined by various factors, including the duration of stay, ties to the country, and specific tax laws, and it can vary from one jurisdiction to another. Understanding your tax residency status is crucial for complying with tax regulations and obligations in a given country.

Q: What is the TRC?

Ans: The TRC full form stands for “Tax Residency Certificate,” and TRC meaning refers to a crucial document that verifies an individual’s tax residency status in a foreign country. It is used to claim tax benefits under Double Taxation Avoidance Agreements (DTAA) between countries. The TRC serves as proof that an individual is a resident of a specific country, allowing them to benefit from reduced withholding tax rates on income earned in another country with which their home country has a DTAA.

Q: What is the TRC full form in income tax?

Ans: The TRC full form in income tax stands for “Tax Residency Certificate,” a document that certifies an individual’s or a company’s tax residency status in a particular country.

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Siri Hegde K

Siri loves reading and writing about anything and everything. A recent Culinary Arts graduate turned content writer, she finds the real estate ecosystem particularly intriguing and this is seen in her work.

Income Tax for NRI: Simplifying Taxation Rules in India

Income Tax for NRI: Simplifying Taxation Rules in India

As an NRI, understanding the taxation rules in India can be overwhelming, especially when it comes to income tax. This guide aims to simplify the complex rules and regulations that govern income tax for NRI in India. In this article, we will cover everything you need to know about NRI tax in India, including the definition of NRI, tax rules for NRIs, income tax slab rates, TDS for NRIs, income tax rules for NRIs, capital gains tax, and section 115H of the Income Tax Act.

Understanding Non Resident Income Tax for NRI in India

Income tax for NRIs
[NRIs in India can save on tax by understanding their residency status and availing the applicable income-tax slab rate for FY 2024-25.]

Before we dive into the nitty-gritty of income tax for NRI, let’s understand the definition of NRI and its implications on income tax for non-residents in India. 

NRI definition

An NRI is an individual who is an Indian citizen but resides outside India, or an individual who is not a citizen of India but has resided in India for more than 182 days in a financial year.

Tax rules for NRIs are based on their residency status. An ITR of NRI is considered a resident for tax purposes if he or she has resided in India for 182 days or more in a financial year or 60 days or more in a financial year and 365 days or more in the preceding four years. If an NRI does not meet either of these criteria, he or she is considered a non-resident for tax purposes.

NRI Income Tax Slab Rates 2024-25

The income tax slab rates for Non-Resident Indians (NRIs) for the financial year 2024-25 (Assessment Year 2025-26) that you need to know are as follows:

  • Up to Rs. 2.5 lakh: Nil
  • Rs. 2.5 lakh to Rs. 5 lakh: 5%
  • Rs. 5 lakh to Rs. 7.5 lakh: 10%
  • Rs. 7.5 lakh to Rs. 10 lakh: 15%
  • Rs. 10 lakh to Rs. 12.5 lakh: 20%
  • Rs. 12.5 lakh to Rs. 15 lakh: 25%
  • Above Rs. 15 lakh: 30%

Old Tax Regime:

Income RangeTax Rate
Up to ₹2.5 lakhNil
₹2.5 lakh to ₹5 lakh5%
₹5 lakh to ₹10 lakh₹12,500 + 20% of the amount that exceeds ₹5 lakh
Above ₹10 lakh₹1,12,500 + 30% of the amount that exceeds ₹10 lakh

New Tax Regime Slabs:

Income RangeTax Rate
Up to ₹3 lakhNil
₹3 lakh to ₹6 lakh5%
₹6 lakh to ₹9 lakh₹15,000 + 10% of the amount that exceeds ₹6 lakh
₹9 lakh to ₹12 lakh₹45,000 + 15% of the amount that exceeds ₹9 lakh
₹12 lakh to ₹15 lakh₹90,000 + 20% of the amount that exceeds ₹12 lakh
Above ₹15 lakh₹1,50,000 + 30% of the amount that exceeds ₹15 lakh

These rates include the health and education cess of 4% on the total tax payable and are subject to surcharges if the income exceeds certain thresholds.

For Non-Resident Indians (NRIs), and understanding the nuances of income tax obligations in India is crucial. The tax liability for NRIs is dependent on their residential status for tax purposes and the nature of income earned in India.

  • Residential Status: An individual’s tax status is considered ‘non-resident’ if they do not meet the basic conditions of being present in India for at least 182 days during the current financial year or 60 days in the current year and 365 days spread over the four preceding years.
  • Taxable Income: NRIs are taxed only on income that is received in India or arises from sources in India. This includes salaries received for services rendered in India, income from properties situated in India, capital gains on transfer of assets located in India, and income from fixed deposits or interest on savings bank accounts.
  • Deductions and Exemptions: NRIs are eligible for the same deductions under Section 80C of the Income Tax Act, including deductions for life insurance, tuition fees, and contributions to Provident Funds. However, exemptions on investment income and long-term capital gains may vary based on specific bilateral treaties India has with other countries.
  • Double Taxation Avoidance Agreement (DTAA): India has DTAA with several countries, which means NRIs may not have to pay tax twice on the same income. Depending on the rules of the agreement, NRIs can claim tax relief in India for taxes paid in their country of residence.
  • Tax Filing: NRIs must file tax returns in India if their income exceeds the basic exemption limit of ₹2.5 lakh per financial year or to claim a refund or carry forward a loss.

Understanding Income Tax Cess and Surcharge for Non-Residents

In addition to the basic income tax, Non-Resident Indians (NRIs) might also need to pay a cess and a surcharge, depending on their income level. These are important components of the tax calculation and can significantly affect the total tax liability.

Health and Education Cess: All taxpayers, including NRIs, are required to pay a Health and Education Cess. This is charged at 4% of the income tax payable. This cess is intended to finance health and education initiatives in India.

Surcharge: The surcharge is an additional tax applied to individuals whose income exceeds certain thresholds. For NRIs, the surcharge rates are as follows:

  • 10% of income tax if total income exceeds ₹50 lakh but is less than ₹1 crore.
  • 15% of income tax if total income is ₹1 crore or more.

The surcharge is designed to impose a higher tax burden on higher-income earners. It is calculated after adding the Health and Education Cess to the income tax.
Impact on Total Tax Liability: Both cess and surcharge increase the total amount of tax an NRI must pay on their taxable income in India. It is calculated automatically when filing an income tax return and directly affects the final tax payment or refund.

Navigating Taxable Income for NRIs in India

Navigating Taxable Income for NRIs in India involves understanding various sources of income subject to Indian tax laws. Let’s explore how income from salary, property, business, capital gains, and other sources affects NRIs’ tax obligations.

Income from Salary

As an NRI, your salary income is subject to Indian tax laws if it’s received in India, regardless of your current residence. This income is taxed at the applicable slab rate.

Income from House Property

Income from property located in India is taxable for NRIs. The calculation follows the same rules as for residents, with a 30% standard deduction, property tax deductions, and interest deductions. Principal repayment qualifies for Section 80C deductions, and stamp duty and registration charges are also claimable under Section 80C.

Rental Payments to an NRI

Tenants paying rent to an NRI landlord must deduct 30% TDS. Rent can be received in an Indian account or the NRI’s overseas account. Additionally, Form 15CA must be prepared and submitted online to the income tax department. In some cases, Form 15CB from a chartered accountant is necessary.

Income from Other Sources

Interest income from fixed deposits and savings accounts in Indian banks is taxable in India. However, interest on NRE and FCNR accounts is tax-free, while interest on NRO accounts is fully taxable.

Income from Business and Profession

Any income earned by an NRI from a business controlled or set up in India is taxable in India.

Income from Capital Gains

Capital gains on the transfer of capital assets in India, including investments in Indian shares and securities, are taxable. For long-term capital gains on house property, the buyer must deduct TDS at 20%. However, exemptions can be claimed by reinvesting in a house property (Section 54) or capital gain bonds (Section 54EC).

Read: Navigating Form 15CA and 15CB: A Complete Guide for Foreign Remittances

Unlocking Tax Deductions and Exemptions for NRIs in India

Similar to residents, NRIs can harness various deductions and exemptions to optimise their total income. Let’s explore these tax-saving avenues:

Deductions under Section 80C

NRIs can claim deductions under Section 80C, with a maximum cap of Rs 1.5 lakh for FY 2020-21. Eligible deductions include:

  • Life Insurance Premium Payment: The policy must be in the NRI’s name, their spouse’s, or their child’s (dependent/independent, minor/major, or married/unmarried), with the premium being less than 10% of the sum assured.
  • Children’s Tuition Fee Payment: Tuition fees paid to educational institutions in India for full-time education of up to two children.
  • Principal Repayments on House Property Loan: Deductions allowed for repaying loans taken for purchasing or constructing residential properties, including stamp duty, registration fees, and transfer expenses.
  • Unit-Linked Insurance Plan (ULIP) and ELSS Investments: Contributions to ULIPs and investments in ELSS funds offer deductions under Section 80C.

Other Allowable Deductions

NRIs can also claim various deductions under income tax laws, such as:

  • Deductions related to house property income, including parental insurance deductions.
  • Deduction under Section 80D for health insurance premiums, with higher limits for insurance of resident senior citizens.
  • Deduction under Section 80E for interest paid on education loans, without any upper limit.
  • Deduction under Section 80G for donations to social causes.
  • Deduction under Section 80TTA for interest on savings bank accounts, capped at Rs 10,000.

Deductions Not Allowed to NRIs

Some investments under Section 80C, like PPF and NSCs, aren’t available to NRIs. Additionally, deductions for differently-abled individuals under Sections 80DD, 80DDB, and 80U are limited to residents.

Exemption on Sale of Property for an NRI

Long-term capital gains for NRIs are taxed at 20%, with a TDS of 20%. However, NRIs can claim exemptions under Sections 54, 54EC, and 54F on long-term capital gains when reinvesting in specific assets or bonds. These exemptions allow NRIs to claim refunds of TDS and optimise their tax liabilities.

TDS (Tax Deducted at Source) for NRIs

TDS Tax Deducted at Source for NRIs
[NRIs must pay income tax on Indian sources, but are eligible for exemptions and deductions.]

TDS is a form of advance tax that is deducted at the source of income. As an NRI, TDS applies to various sources of income, such as salary, rent, interest on fixed deposits, etc. TDS on the sale of property by NRI must be deducted, and it is preferably needed to be deducted on the Capital Gains. The TDS rate for NRIs is typically higher than the rate for residents. It is important to note that NRIs can claim a refund of TDS if they have paid more than their actual tax liability.

Income Tax Rules for NRIs

NRIs receiving income from India are subject to income tax rules in India. Income from Indian sources such as rent, salary, and business income is taxable in India. However, NRIs are eligible for certain tax exemptions and deductions, such as a standard deduction of Rs. 50,000 and deductions under Section 80C, 80D, and 80TTA.

Tax implications on foreign income

If you are thinking about how much foreign income is tax-free in India, you should also know that NRIs are also subject to tax on their foreign income, but the rules and regulations vary depending on the country of residence and the tax treaty between India and that country. It is important to understand the tax implications of foreign income to avoid any legal and financial implications.

Capital Gains Tax for NRIs

Capital gains tax for NRI is a tax on the profit earned from the sale of a capital asset, such as property or stocks. NRIs investing in Indian real estate are subject to capital gains tax. The capital gains tax rate for NRIs is 20% for long-term capital gains and 30% for short-term capital gains. 

NRI Income Tax for NRI simplified: Understanding Section 115H of Income Tax Act

NRI Income Tax for NRI
[Section 115H of the Income Tax Act simplifies tax compliance for NRIs earning income from India by allowing them to avoid filing a tax return if certain conditions are met.]

As an NRI, you might have heard about Section 115H of the Income Tax Act, which provides certain benefits to NRIs in terms of tax. This section of the Act aims to make tax compliance simpler for NRIs who earn income from India.

The section provides that if an NRI, who is eligible to be taxed in India, satisfies certain conditions, then he or she shall not be required to file a tax return in India. The conditions are:

  • The NRI’s total income in India is below the taxable limit.
  • The NRI has earned income from a single or multiple sources in India, and tax has been deducted at the source on such income.
  • The NRI has furnished all the details of his or her income to the deductor.
  • If an NRI satisfies all the above conditions, then he or she can avoid the hassle of filing a tax return in India.

Moreover, Section 115H of the Income Tax Act also provides a facility for NRIs to claim a refund of excess tax deducted at the source. If the NRI’s total income in India is below the taxable limit, and tax has been deducted at the source on his or her income, then the NRI can claim a refund of the excess tax deducted.

Benefits of Section 115H for NRIs

The benefits of Section 115H of the Income Tax Act are immense for NRIs. By satisfying the conditions mentioned in the section, an NRI can avoid the hassle of filing a tax return in India. This is especially helpful for NRIs who have limited income from India and have already paid taxes on it.

Additionally, if an NRI has paid excess tax, then he or she can claim a refund of the same under this section. This is a significant relief for NRIs who have paid taxes in excess and want to claim a refund of the same.

Overall, Section 115H of the Income Tax Act makes tax compliance simpler for NRIs and provides them with certain benefits that they can avail of to avoid unnecessary income tax for NRI.

Investment perspective

Investing in India as an NRI can be a lucrative option, but it’s important to be aware of the tax implications. NRIs can invest in a variety of instruments such as mutual funds, stocks, and other investments, but each investment option comes with its own tax implications.

When it comes to mutual funds, NRIs need to be aware of the tax deducted at source (TDS) on capital gains, which is currently at 15%. Moreover, the long-term capital gains tax on equity mutual funds is 10% without indexation benefit, and 20% with indexation benefit.

When it comes to stocks, NRIs need to be aware of the capital gains tax on the sale of shares. The NRI tax rate for short-term capital gains on the sale of shares is 15%, while the long-term capital gains tax rate is 10% without indexation benefit, and 20% with indexation benefit.

It’s important to note that NRIs also need to comply with the Foreign Exchange Management Act (FEMA) regulations while investing in India. These regulations specify the limit of investment and repatriation of funds.

Navigating the tax implications of land purchase for NRIs in India

Navigating the tax implications of land purchase for NRIs in India
[NRI purchases of land from Indian residents require tax withholding with capital gains taxed at different rates depending on holding period, plus the Double Taxation Avoidance Agreement (DTAA).]

Investing in land is one of the most common ways for NRIs to maintain a connection with their home country. However, it’s essential to understand the income tax for NRI implications of land purchase in India before making any investment decisions.

If an NRI purchases land from an Indian resident, the transaction will be subject to capital gains tax. The capital gains tax will depend on the holding period of the land, with long-term capital gains being taxed at a lower rate than short-term capital gains. Additionally, the NRI must obtain a Tax Deduction and Collection Account Number (TAN) and withhold tax at the applicable rate while paying the purchase price to the Indian resident.

In case the NRI sells the land, he/she would be required to pay capital gains tax in India. The capital gains tax will depend on the holding period of the land, with long-term capital gains being taxed at a lower rate than short-term capital gains. NRIs should also be aware of the Double Taxation Avoidance Agreement (DTAA) between India and their home country. This agreement provides relief to NRIs from paying taxes on the same income twice in both countries.

Taxation on Sale of Property for NRIs in India

Type of taxRate of tax
Short-term capital gains tax on property sold within 2 years of purchase30% (plus applicable surcharge and cess)
Long-term capital gains tax on property sold after 2 years of purchase20% (plus applicable surcharge and cess)
TDS on sale of property20% (if the NRI has capital gains) or 22.66% (if the NRI has rental income)
TDS on rental income30% (plus applicable surcharge and cess)
Tax on rental income (if TDS is not applicable)As per slab rates (plus applicable surcharge and cess)

Additionally, NRIs should consider the Foreign Exchange Management Act (FEMA) regulations while investing in land in India. FEMA regulations limit the amount of money that an NRI can invest in land in India, and NRIs must ensure that they comply with the regulations.

Latest NRI taxation Rules in India

Latest NRI taxation Rules in India
[NRIs must file their tax returns in India if income exceeds ₹2.5 lahks or if they have earned income in India.]

The latest rules for income tax for NRI in India state that any individual who spends more than 120 days in India during a financial year will be considered a resident for tax purposes. The Finance Act 2020 introduced a new section 115BAC, which offers lower income tax rates for individuals who opt to forgo deductions and exemptions. NRIs must file their tax returns in India if their income in India exceeds the basic exemption limit of ₹2.5 lakh or if they have earned income from any source in India, such as rental income from property, interest income from fixed deposits, or capital gains from the sale of assets in India.

If NRIs’ home country has a Double Taxation Avoidance Agreement (DTAA) with India, they can claim a tax credit for taxes paid in India on their income in their home country. NRIs need to obtain a Tax Identification Number (TIN) in India to file their tax returns. NRIs can also invest in various tax-saving instruments like National Pension System (NPS), Public Provident Fund (PPF), and Equity-Linked Savings Scheme (ELSS) to save on taxes.

NRIs should also be aware of the tax implications on their investments in India, such as capital gains tax on the sale of property, securities transaction tax on the sale of stocks, and dividend distribution tax on dividends received from Indian companies. As an NRI, it’s essential to stay informed about the latest tax rules and regulations to avoid any legal or financial consequences. It’s advisable to seek professional advice to ensure compliance with tax laws and to make informed investment decisions.

Simplify your Real Estate Investments in India with NoBroker’s NRI services

Understanding income tax for NRI in India can be overwhelming, but it’s crucial for NRIs to know their tax liabilities to avoid any legal or financial repercussions. In this comprehensive guide, we’ve covered the essential aspects of income tax for NRI in India, including income tax rules, tax implications on foreign income, and capital gains tax. We’ve also discussed Section 115H of the Income Tax Act and the investment perspective, including tax implications on NRI investments in India.

At NoBroker, we understand the challenges that NRIs face while managing their real estate investments in India. That’s why we offer specialised NRI services to make property management hassle-free for NRIs. From buying, selling, renting, or managing your property, our team of experts can help you with all your real estate needs in India.So, if you’re an NRI looking for professional assistance in managing your Indian real estate investments, we invite you to explore our NRI services at NoBroker. Get in touch with our experts today to learn more about our services and how we can help you navigate the complex world of NRI taxation in India. Click on this link to explore the wide span of NoBroker’s NRI services.

Frequently Asked Questions

Q: What is the tax liability for NRIs on their Indian income?

Ans: NRIs are liable to pay income tax on their Indian income as per the income tax slabs applicable to resident individuals. However, the tax liability may vary depending on their residential status and the type of income they earn in India.

Q: Are NRIs required to file income tax returns in India?

Ans: NRIs are required to file income tax returns in India if their taxable income in India exceeds the basic exemption limit of Rs. 2.5 lakhs. However, if their total income is below the basic exemption limit, they may not be required to file returns. It’s advisable for NRIs to consult with a tax expert to determine their tax liability and filing requirements.

Q: Are NRIs required to pay tax on their foreign income in India?

Ans: NRIs are not required to pay tax on their foreign income in India, but they are required to disclose their foreign income and assets while filing their Indian tax returns. Failure to disclose foreign income and assets can result in penalties and legal repercussions.

Q: What is Section 115H of the Income Tax Act and how does it benefit NRIs?

Ans: Section 115H of the Income Tax Act provides tax relief to NRIs by allowing them to claim a refund of the tax deducted at source (TDS) on their Indian income. This section also allows NRIs to avoid double income tax for NRI on their income earned in India and their home country.

Q: What are the tax implications for NRIs on their investments in India?

Ans: NRIs are subject to tax on their investments in India, including mutual funds, stocks, and property. The tax liability may vary depending on the type of investment, the duration of holding, and the type of income earned from the investment. It’s advisable for NRIs to consult with a tax expert to determine their tax liability on their investments in India.

Q: How are surcharge calculations for different types of income applied for NRIs?

Ans: Surcharge calculations for different types of income vary for NRIs. For total income over ₹50 lakh but under ₹1 crore, a 10% surcharge is added; above ₹1 crore, it increases to 15%, calculated on the income tax before cess.

NRI Gift Tax Explained: Key Rules and Considerations

NRI Gift Tax Explained: Key Rules and Considerations

Are you an NRI planning to send a heartfelt gift to your family in India? Or perhaps you’re a resident Indian eagerly awaiting a thoughtful present from an NRI friend or relative? In the world of cross-border gifting, understanding the rules of NRI gift tax in India is essential. Let’s unwrap the rules and regulations surrounding NRI gift tax to ensure your generous gestures don’t come with unexpected tax surprises.

Who Are NRIs, and Why Does Gift Tax Matter?

Understanding Non-Resident Indians (NRIs)

Non-Resident Indians (NRIs) are individuals who hold Indian citizenship but predominantly reside outside the country. The status of being an NRI is determined based on the amount of time an individual spends in India during a financial year. Typically, if an individual resides in India for fewer than 182 days in a financial year, they are considered an NRI.

Importance of Gift Tax?

Gift tax is about taxes on the presents you give or receive. For NRIs, this is crucial because the tax rules change based on who’s giving the gift and who’s getting it. Whether it’s a big gift for your family or a small one for a friend, knowing the rules helps make gifting smooth without any surprise taxes.

Let’s delve into why gift tax matters using the key factors:

1. Who Gives the Gift

NRIs Giving to Residents

  • Relatives: Gifts to close family members – spouses, siblings, parents, and children – enjoy a tax exemption, regardless of the gift’s value. So, go ahead and shower your loved ones with generous gifts without worrying about taxes.
  • Non-Relatives: If you’re gifting a non-relative resident, be mindful of the ₹50,000 threshold. Gifts up to ₹50,000 are tax-free for the recipient. However, any amount exceeding this limit is considered “Income from Other Sources” and becomes taxable for the receiver.

Residents Giving to NRIs

  • Relatives: Similar to NRIs gifting to relatives, gifts from resident Indians to NRI relatives are entirely exempt from tax for both parties. This ensures that spreading joy to family members abroad doesn’t come with any tax concerns.
  • Non-Relatives: The ₹50,000 rule applies here too. Gifts exceeding this amount might be taxable. Additionally, NRIs can leverage the Liberalised Remittance Scheme, allowing them to receive up to $250,000 per year tax-free.

2. Nature of the Gift

Gifts can take various forms, including cash, movable property (like jewelry), or immovable property (land). These gifts are subject to tax if given without considering their market value.

Special occasions like marriages or gifts through wills are exempt from tax, irrespective of the relationship between the giver and the receiver. Here’s a simple breakdown:

  • Cash Gifts: This is when you give money as a gift.
  • Movable Property (like Jewelry): Some gifts are things you can move, like jewellery or art.
  • Immovable Property (like Land): For bigger gifts, like land or a house, the nature of the gift is immovable property.
  • Gifts with Consideration: Sometimes, a gift might involve a little something in return, like a small amount of money. We call these gifts with consideration.
  • Gifts in Special Occasions: Gifts given during special times, such as weddings, or gifts specified in a will, often have special rules and may be exempt from certain taxes.

Remember

  • Maintaining records of gifts through “gift deeds” is crucial for future reference and potential tax issues.
  • Consulting a tax professional for specific situations is highly recommended. Their expertise ensures you navigate the gift tax landscape with confidence, especially when dealing with unique circumstances or larger amounts.

Simplify Gift Tax with NoBroker NRI Services

Navigating gift tax complexities has never been more straightforward, thanks to NoBroker NRI Services. Just as NoBroker revolutionised real estate, their legal services extension ensures that your gifting transactions, especially involving NRIs and resident Indians, adhere to the latest regulations. With NoBroker NRI Services, enjoy a seamless and legally sound gifting experience, where expert guidance meets convenience. Elevate your journey with NoBroker – simplifying complexities and ensuring your peace of mind in every legal aspect.

Frequently Asked Questions

1. How Does Gift Tax Impact Cash Gifts for NRIs to Resident Indians?

Answer: Cash gifts from NRIs to resident Indians may have tax implications. While gifts to close relatives are often exempt, exceeding certain limits may result in taxable income for the recipient. Understanding the specific rules ensures a transparent and compliant gifting process.

2. Are There Special Considerations for Gifting Immovable Property from NRIs to Resident Indians?

Answer: Yes, gifting immovable property involves legal processes, and tax implications can vary. Market value, relationship dynamics, and adherence to legal procedures play crucial roles. Knowing these specifics is essential for both parties involved.

3. What is the Liberalised Remittance Scheme, and How does it affect NRI Gift taxation?

Answer: The Liberalised Remittance Scheme allows NRIs to receive a certain amount per year tax-free. Gifts exceeding this limit may face taxation. Understanding this scheme is vital for NRIs and recipients to navigate larger financial transactions.

4. How Can NRIs Ensure Compliance with Gift Tax Rules When Gifting to Non-Relatives in India?

Answer: Gifting to non-relative residents involves a ₹50,000 threshold. Amounts exceeding this limit are taxable. NRIs can ensure compliance by being aware of this rule, considering the Liberalised Remittance Scheme for larger gifts, and maintaining proper documentation.

5. Are Gifts Given on Special Occasions, like Weddings, Exempt from Gift Tax?

Answer: Yes, gifts given on special occasions like weddings are often exempt from gift tax, irrespective of the relationship between the giver and the receiver. Understanding these exemptions ensures that joyous occasions remain free from unnecessary tax burdens.

Understanding NRO Account Taxation in India 

Understanding NRO Account Taxation in India 

Are you an NRI investor looking to invest in India? Or an Indian citizen working abroad? You might have heard about NRO accounts and their importance. NRO or Non-Resident Ordinary accounts are bank accounts that NRIs can use to manage their income earned in India. But what about NRO account taxation? In this article, we will cover everything you need to know about NRO account taxation in India.

What is an NRO account?

An NRO (Non-Resident Ordinary) Account is a specialized banking tool exclusively available to Non-Resident Indians (NRIs). It functions as a rupee-denominated savings account, enabling NRIs to effectively oversee their income earned in India, including rental earnings, dividends, pensions, and interest. 

Moreover, NRO accounts play a pivotal role in facilitating the smooth transfer of funds from abroad to India. These accounts are tailored to meet the unique financial needs of NRIs, ensuring compliance with tax regulations and regulatory requirements associated with their non-resident status. 

In essence, an NRO account serves as an essential bridge between an NRI’s Indian income sources and their international financial transactions, offering a secure and compliant means of managing their finances in the country.

Is NRO account taxable?

 NRO Account Taxation
[Understanding taxation laws for NRO accounts is essential for NRIs, as tax rates may vary based on income.]

Understanding NRO account taxation laws is crucial for NRIs who hold NRO accounts. Any income earned from an NRO account is subject to taxation in India, regardless of where the account holder resides. It is important to note that the tax for NRO accounts is the same as that for regular savings accounts, which is currently set at 30% for non-residents. However, the NRO tax rate may vary based on the income earned by the account holder.

Interest on NRO account taxable or not?

 NRO Account Taxation
[NRO account income tax is not applicable to NRIs with lower income, meaning that they are exempt from Tax Deducted at Source (TDS) on their NRO account earnings]

TDS (Tax Deducted at Source) on NRO accounts is deducted by the bank at the source, i.e., when the interest on the account is credited. The NRO account TDS rate is 30%, and it applies to the interest earned on the account. If the interest earned on the NRO account is less than Rs. 50,000 in a financial year, no TDS on NRO account is applicable. This means that NRIs with lower income may not have to pay any tax on their NRO account income.

Understanding Tax Implications: Transferring Funds from NRO Account to Foreign Account.

NRIs should also be aware of the tax implications of transferring money from their NRO account to their foreign account. Any transfer of funds from an NRO account to a foreign account is subject to TDS at the rate of 10%, regardless of the amount transferred. This tax is applicable to the gross amount of the transfer, which means that the bank will deduct the tax from the transfer amount itself.

Understanding NRO Account Limitations for Investments in India.

NRIs should also keep in mind that NRO accounts cannot be used to make investments in India. Any investment made through an NRO account is subject to the Foreign Exchange Management Act (FEMA) regulations, and the account holder must obtain the necessary approvals from the Reserve Bank of India (RBI) before making any investments.

In recent years, the Indian government has taken steps to simplify and streamline the taxation laws for NRIs. In 2019, the government announced a new tax regime for individuals, which included changes in tax rates and exemptions. NRIs were also included in the new tax regime, and they were allowed to choose between the old and new tax regimes based on their income and tax deduction in NRO account. Click here to know more about Old Vs New Tax Regime.

How to save tax on NRO accounts?

 NRO Account Taxation
[Ensure you obtain a Tax Residency Certificate from your country of residence for tax compliance.]

1. Tax Deduction under Section 80C:

  • NRIs can reduce their tax liability on NRO accounts by utilizing tax deduction benefits provided under Section 80C of the Income Tax Act.
  • Invest in tax-saving instruments such as PPF (Public Provident Fund), NSC (National Savings Certificate), and ELSS (Equity-Linked Savings Scheme) to avail of these deductions.

2. Obtain a Tax Residency Certificate (TRC):

  • NRIs should obtain a Tax Residency Certificate (TRC) from the tax authorities of their country of residence.
  • The TRC confirms their resident status for tax purposes in that country.
  • It’s essential to have this document before submitting it to the bank to ensure compliance with tax authorities.

3. Awareness of TDS Rates:

  • NRIs should be informed about the Tax Deducted at Source (TDS) rates applicable to NRO accounts when filing their income tax returns.
  • If the TDS rate on their NRO account exceeds the applicable tax rate on their income, they can claim a refund for the excess TDS deducted.
  • To claim a refund, NRIs must file their income tax returns, providing details of the tax deducted and income earned from their NRO account.
  • A TDS rate of 10% is applied to interest earned on NRO savings accounts.

4. Invest in Tax-Free Bonds:

  • NRIs have the option to invest in tax-free bonds issued by the Indian government to lower their tax liability on NRO accounts.
  • These bonds typically have a long-term tenure of 10-15 years, and the interest earned is exempt from taxation.

5. Utilise the National Pension System (NPS):

  • NRIs can take advantage of the National Pension System (NPS), a government-backed pension scheme.
  • By investing in the NPS, NRIs can claim tax deductions of up to Rs. 50,000 under Section 80CCD(1B) of the Income Tax Act.
  • Investing in the NPS not only helps in tax savings on NRO accounts but also contributes to securing their financial future, especially for retirement planning.

Managing Finances as an NRI: Understanding Non-Resident Ordinary (NRO) Accounts

An NRO (Non-Resident Ordinary) account is a financial tool tailored for NRIs (Non-Resident Indians) to manage income earned in India or abroad, subject to Indian taxation. While it can hold both Indian and foreign currencies, transactions within India must be conducted in Indian rupees. This section explores NRO account features, including fund transfers to repatriable NRE (Non-Resident External) accounts, managing family expenses and investments, and the potential to earn up to 9% interest on NRO fixed deposits. NRIs should also be aware of tax implications and consider converting their accounts when working abroad.

Read: Property management in Pune

  • An NRO (Non-Resident Ordinary) account is a savings account used by NRIs (Non-Resident Indians) to manage their income earned in India or abroad, which is subject to taxation in India.
  • The account can hold funds in both Indian and foreign currency, but only Indian currency can be used for transactions within India.
  • NRIs can transfer funds from their NRO account to their NRE (Non-Resident External) account, which is a repatriable account where money can be transferred back to the foreign account without any restrictions.
  • NRO accounts can be linked to UPI payment systems, but there are certain restrictions on the amount that can be transferred per day.
  • NRIs can use NRO accounts to manage their family expenses and investments, while NRE accounts can be used for repatriable investments.
  • NRIs can earn up to 9% interest on NRO fixed deposits, and can also convert their resident savings account to an NRO account.
  • It is important for NRIs to inform their bank to convert their existing account to an NRO account when taking up employment abroad and to be aware of the tax implications of using NRO accounts.

Navigating the NRO Account Landscape

 NRO Account Taxation
[Apply for an Aadhaar Card to open NRE and NRO bank accounts in India to repatriate and invest foreign earnings.]

There are different types of NRO accounts available in India, such as NRO savings accounts, NRO fixed deposits and NRO recurring deposits. Each bank has its own set of NRO account rules and regulations for opening and maintaining NRO accounts. It’s essential to choose the right NRO account that suits your needs.

Financial Management for NRIs: Key Considerations

For NRIs managing finances in India, key steps include obtaining an Aadhaar card if residing 182 days or more in the past year, choosing between NRE and NRO accounts (each with distinct purposes and tax implications), exploring investment options (stocks, mutual funds, real estate, fixed deposits), and considering a demat account for electronic securities holding. Consulting a financial advisor is advisable. 

To manage your finances in India as an NRI, it is essential to stay updated with the latest regulations and policies and consult with a financial advisor to ensure compliance with all legal requirements.

Comparing Different Banks for Opening an NRO Account

 NRO Account Taxation
[Compare the features and benefits of different banks offering NRO accounts to make an informed decision.]

Selecting the right NRO account is crucial for effective financial management as an NRI in India. With various banks offering NRO accounts, it’s important to make an informed choice. Not all banks provide NRO accounts, and those that do may offer unique features and advantages. Some well-known options include HDFC Bank, ICICI Bank, Axis Bank, State Bank of India (SBI), and Kotak Mahindra Bank. A key consideration when comparing these options is the interest rate offered on the NRO account. Here’s a comparison table of interest rates from different banks for NRO accounts as of April 2024:

Bank NameInterest RateMonthly Maintenance FeeMinimum Account Balance
HDFC Bank3.50%Rs. 250No minimum balance
ICICI Bank3.00%Rs. 250No minimum balance
Axis Bank3.50%Rs. 250No minimum balance
State Bank of India (SBI)2.70% to 3.30%Rs. 500Rs. 10,000 to Rs. 1 lakh
Kotak Mahindra Bank4.00%No maintenance feeNo minimum balance

It is important to note that interest earned on NRO accounts is subject to tax deductions at source (TDS) as per the Income Tax Act, of 1961. Therefore, it is important to consider the net interest rate after TDS when comparing different banks. As of April 2023, HDFC Bank offers an interest rate of 3.50% on its NRO savings account, while ICICI Bank offers an interest rate of 3.00%. Axis Bank and Kotak Mahindra Bank offer an interest rate of 3.50% and 4.00% respectively on their NRO savings account. SBI also offers competitive interest rates on its NRO accounts, ranging from 2.70% to 3.30% depending on the account balance. 

In addition to interest rates, it is also important to compare the fees and charges associated with NRO accounts offered by different banks. These may include account maintenance fees, transaction fees, and charges for services such as chequebooks, ATM withdrawals, and fund transfers. For example, HDFC Bank charges a monthly maintenance fee of Rs. 250 for its NRO savings account, while SBI charges a quarterly maintenance fee of Rs. 500.

Other factors to consider when comparing NRO accounts from different banks include the ease of opening and managing the account, customer service, and the availability of additional services such as online banking and mobile banking. It is recommended to thoroughly research and compare the different NRO account options from various banks before making a decision. Factors such as interest rates, fees and charges, and additional services can vary significantly between banks and can have a significant impact on your overall fiscal management as an NRI. It is also advisable to consult with a financial advisor to help you make an informed decision.

 NRO Account Taxation
[To open an NRO account, you must provide valid passport, overseas address proof, PAN card, two passport-sized photographs, and proof of your NRI status.

NRO Account Taxation from the Indian Government’s Perspective

 NRO Account Taxation
[NRIs can now invest in Indian stocks and bonds more easily, thanks to relaxed restrictions on NRO accounts by the Indian government.]

In recent years, the Indian government has been working towards simplifying and streamlining the taxation laws for NRIs. The Finance Act 2020 amended the Income Tax Act to allow NRIs to file their income tax returns online, which has made the process more convenient and efficient. Additionally, the Indian government has signed DTAA agreements with various countries, which has helped to reduce double taxation on the same income.

The Indian government is also looking to introduce more favourable policies for NRIs to attract foreign investment. For instance, the government has been considering relaxing the restrictions on NRO accounts to allow NRIs to invest in Indian stocks and bonds without the need for prior approval from the Reserve Bank of India (RBI). This move will help NRIs to invest in India more easily and will also promote economic cooperation between India and other countries.

Moreover, the Indian government has been introducing various tax incentives to encourage investments in India. For instance, the government has introduced the Startup India scheme, which provides tax benefits to startups registered in India. This scheme offers a tax holiday for the first three years of operation and also provides exemptions from capital gains tax.

Another recent policy initiative by the Indian government is the Atmanirbhar Bharat Abhiyan or the Self-Reliant India Movement. The aim of this initiative is to promote self-reliance and self-sufficiency in India and to reduce the country’s dependence on other countries. The government has introduced various tax incentives under this initiative to encourage domestic manufacturing and to attract foreign investment in key sectors such as manufacturing, infrastructure, and technology.

Invest in India hassle-free with NoBroker NRI Services

Understanding NRO account taxation laws is crucial for NRIs who hold NRO accounts in India. While taxation may seem daunting, there are ways to reduce your tax liability and save money. By investing in tax-saving instruments and availing the benefits of DTAA, you can significantly reduce your tax burden.

Furthermore, NoBroker’s NRI services offer a hassle-free way for NRIs to invest in India. With NoBroker, NRIs can easily buy, sell, or rent properties in India without the need for a middleman. NoBroker provides end-to-end assistance, from property search to documentation and even after-sales services. So, if you’re an NRI looking to invest in India, check out NoBroker NRI services and start your hassle-free journey today! Click on this link to explore the wide span of NoBroker’s NRI services.

FAQs

Q1. How to Avoid TDS on NRO Account?

Ans: To minimise TDS (Tax Deducted at Source) on your NRO (Non-Resident Ordinary) account, you can explore tax-saving options like investing in tax-free bonds or utilizing deductions under Section 80C of the Income Tax Act. Additionally, consider obtaining a Tax Residency Certificate (TRC) from your country of residence to benefit from Double Taxation Avoidance Agreements (DTAA) and potentially reduce TDS. It’s advisable to consult a tax advisor for personalized guidance based on your specific financial situation.

Q2. Is there any tax exemption associated with an NRO account?

Ans: Yes, there is a tax exemption available for the interest earned from an NRO account. Interest income up to INR 50,000 is eligible for exemption, provided certain criteria are met. For detailed information on NRO account tax exemption, it’s advisable to consult a tax professional or refer to the latest tax regulations.

Q3. Is NRO account interest taxable?

Ans: Yes, the interest earned on an NRO (Non-Resident Ordinary) account is taxable in India. The applicable tax rate is 30% for non-residents, but it may vary based on the income earned by the account holder. Additionally, Tax Deducted at Source (TDS) is applied to the interest earned on NRO accounts, with a rate of 10% for interest income.

Q4. Interest on NRO account taxable under which section?

Ans: Interest earned on an NRO (Non-Resident Ordinary) account is taxable under Section 115-O of the Income Tax Act, 1961. The tax rate for such interest is typically 30%, plus applicable surcharge and cess, unless there is a Double Taxation Avoidance Agreement (DTAA) between India and the NRI’s resident country that offers a lower rate. It’s important for NRIs to be aware of the tax implications and ensure compliance with Indian tax laws.

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