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Overseas Assets
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Are Returning Indians permitted to retain their
assets abroad even after return to India? |
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Effective 17th July,1992, the Central Government has
granted exemption from the surrender requirement to persons who
return to India after a continuous stay abroad of one year and above
in respect of funds/assets acquired by them abroad otherwise than in
contravention of FERA 1973 or out of foreign exchange earned through
employment, business or vocation outside India taken up or commenced
while they were resident outside India. persons satisfying the
conditions of general exemption can retain their foreign currency
accounts within bank abroad and/or hold,transfer or dispose of their
other foreign currency assets such as shares,securities or
investments in business, etc. and immovable properties. |
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Are they required to obtain any permission from
Reserve Bank for holding these assets? |
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No. |
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Do they enjoy any freedom in regard to utilisation of
these overseas assets? |
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Yes. They would enjoy complete freedom for
utilisation of these assets as well as income earned or sale
proceeds received subsequently. |
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Can they bring back the overseas assets to India and
hold them with separate identity? |
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Yes. They can repatriate these assets to India and
hold them separately in India with authorised dealers under the
Resident Foreign Currency Accounts Scheme (See Below). |
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Resident Foreign Currency (RFC) Accounts Scheme Assets
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What is the Resident Foreign Currency (RFC) Account
Scheme? |
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This is a Scheme approved by Reserve Bank permitting
persons of Indian nationality or origin, who have returned to India
on or after 18th April 1992 for permanent settlement (Returning
Indians), after being resident outside India for a continuous period
of not less than one year, to open foreign currency accounts with
banks in India for holding funds brought by them to India. Persons
who have returned to India before 18th April 1992 can also open RFC
account if (a) they are holding foreign currency assets abroad with
Reserve Bank's permission or (b) they are in receipt of pension or
other monetary benefits from their erstwhile employers abroad. |
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Is any permission from Reserve Bank required for
opening such accounts with authorised dealers? |
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No. |
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In which currencies can RFC accounts be maintained?
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RFC accounts can be maintained in any convertible
currency. |
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What funds can be credited to RFC accounts of
Returning Indians? |
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The entire amount of foreign exchange brought to
India at the time of their return to India for permanent settlement
as well as the balances standing to the credit of their NRE and FCNR
accounts at the time of return can be credited to RFC accounts.
However, the foreign exchange brought to India in the form of
foreign currency notes/bank notes/travellers cheques should have
been declared to Customs at the time of arrival on the Currency
Declaration Form( CDF) if it exceeded U.S. $ 10,000 or its
equivalent. In the case of foreign currency/bank notes, such a
declaration on form CDF is compulsory if the amount exceeds U.S. $
2,500 or its equivalent. |
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Can income received from their overseas assets in the
form of dividends etc. or sale proceeds of such assets be credited
to RFC accounts? |
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Yes. The entire income from such assets or sale
proceeds of such assets repatriated to India can be credited to RFC
accounts. |
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Can pension received by the account holder from
abroad be credited to his RFC account? |
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Yes. The entire amount of pension received from
abroad can be credited to his RFC account. |
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NRIs returning to India for permanent settlement were
granted RIFEE facility. Is this facility still available? |
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No. RIFEE facility has been replaced by the RFC
accounts facility. |
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Can funds in RFC accounts be remitted abroad? |
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Yes. Funds in RFC accounts can be remitted abroad for
any bona fide purpose of the account holder or his dependents
including exchange required for travel and other personal purposes
and investments. |
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Can funds in RFC accounts be utilised for local
payments? |
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Yes. Funds in RFC accounts can be withdrawn freely
for local payments in rupees. |
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Can a Returning Indian desiring to go abroad again
for employment ,business or vocation transfer his funds in RFC
account to NRE/FCNR account? |
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Yes. |
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Can persons who have returned to India after a short
assignment of less than one year open RFC accounts? |
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Their applications for opening such accounts would be
considered by Reserve Bank. Persons who have gone abroad for
studies, training ,etc. are, however, not eligible for this
facility. |
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Import of Gold by NRI's
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Can NRIs bring gold into India? |
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Yes. NRIs can bring into India gold upto 10,000 grams
as part of their baggage once in six months provided they have
stayed abroad for a continuous period of six months. |
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In what form can the gold be brought into
India? |
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The gold may be brought into India in any form,
including ornaments (other ornaments studded with stones and
pearls). |
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Are NRIs required to pay customs duty on the gold
brought by them into India? |
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Yes. They are required to pay customs duty in any
convertible foreign currency at a rate equivalent to Rs.220/- per 10
grams of gold. |
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How often can a NRI bring gold into India? |
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A NRI can bring gold into India once in six
months. |
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Is it necessary that the NRI should have stayed
abroad at least for a minimum period of six months prior to his
return to India for being eligible to bring gold? |
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Yes. |
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Import of Silver by NRI's
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Can NRIs bring silver into India? |
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Yes. NRIs can bring to India silver upto 100
kilograms as part of their personal baggage. |
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What is the rate of duty payment on such import?
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The rate of duty on import of silver is Rs. 500 per
kilogram which is payable in foreign currency. |
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Can NRI's bring both gold and silver? |
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Yes. |
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Can NRIs sell gold/silver imported by them to
residents? |
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Yes. Gold/silver so brought by NRIs can be sold to
residents against payment in rupees. Reserve Bank has granted
general permission to persons resident in India to make payment to
NRIs in Indian rupees by means of a crossed cheque in India and that
such rupees are credited to Ordinary Non-resident Rupee (NRO)
account of the NRI seller. |