RBI allows transfer from NRO to NRE account

As per RBI’s notification RBI/2011-12/536 dated May 7, 2012, NRIs are eligible to transfer funds from NRO account to NRE account within the overall ceiling of USD one million per financial year subject to payment of tax. Such credit of funds to NRE account shall be treated as eligible credit.

I believe it is really helpful for both Indian Government and NRIs. 

Indian Government:
Bank FD interest on NRE and NRO are same around 9.5%; however, interest on NRE FD is TAX FREE whereas NRO FD is TAXABLE. As NRIs may not get any interest if FDs are withdrawn before 1 year, they have no choice but to keep money in NRO FD. However, on completion of 1 year, NRIs will not keep invested in NRO FD but will rush to break FDs to remit money out of India for investing back in NRE FD. And, money once gone, may not return. This will drive demand for dollar and could accelerate rupee depreciation. So, to stop that and keep money in India, RBI allowed transfer of money from NRO to NRE.

NRIs:
While it is helpful to Indian Government, it is more beneficial to NRIs. Following are the key 5 benefits to NRIs:
1. Save transaction cost: No need to transfer money from NRO to foreign currency and from foreign currency to NRE if you want to transfer funds from NRO to NRE for taxfree interest

2. Increase your return: Interest on NRO is taxable in India whereas interest on NRE FD is tax free in India, saving tax of 15-30% and no TDS based on DTAA rates.

3. No TDS, No need for Tax Residency Certificate (TRC) (introduced in Finance bill 2012 for TDS on NRO funds at DTAA rates) and no need to file Income Tax return in India as interest on NRE FD and bank accounts are tax free in India

4. You decide when and how much you transfer your funds out of India: Currently, whenever you want your funds back out of NRO, you file Form 15CA, get CA certificate in 15CB and then after completing procedures, remit funds. You may follow the same process for transferring from NRO to NRE but you have full freedom to transfer money out of NRE account whenever you want in future be it partial or full and whether next day, month or year.

5. Limit: There is an overall ceiling of $1M for remittance out of NRO per year. The limit also apply for transfer from NRO to NRE but you don’t need to convert them in foreign currency immediately and keep funds in NRE account. There is no limit for remittance out of NRE account. So after 5 years, when you think foreign exchange is in your favour e.g. Rs40/$, you can convert all $5 million, significantly improving your return.

Please also review related blogs about “Understand Tax Drag and why transfer” and “Procedures for Transferring funds from NRO to NRE”.

About Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India)

Mr. Jigar specializes on NRI Investments and Taxation. He is proud to be one of only 21 CFA Charterholders in India working as consultants. (In 2011, when he became CFA Charterholder, out of 97,173 CFA Charterholders in the World, only 697 Charterholders were in India and only 3% work as consultant; Source: www.newcfa.org). He received his MBA (Finance) from University of Illinois, Chicago, USA, CPA from USA and a Chartered Accountant from India. Jigar has over 15 years of professional experience including more than 4 years with KPMG USA’s Risk Advisory Services. Currently, he provides Wealth Management and taxation consulting serving clients from USA, UK, Americas, Europe, Middle East, Asia, Africa, Australia and India.
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131 Responses to RBI allows transfer from NRO to NRE account

  1. Purnendu Prasad says:

    Dear Jigar,
    I am an NRI and live in USA. I had remitted USD 50,000.00 in 2011 to one of the nationalized banks in Delhi. The funds were converted at the ruling rate of exchange and credited to our joint NRE account.
    I visited India shortly after that in October, 2011 and requested bank to add some more domestic funds and to place funds in terms deposit to earn quarterly interest.I didn’t notice that while combining domestic funds the bank officer opened domestic term deposit instead of NRO term deposit.
    Further, I had another term deposit with the same bank and the funds amounting to INR 500,000/- was taken out from my pension account and placed in term deposit.In this case also instead of opening NRO term deposit the bank opened a domestic term deposit.
    When these deficiencies came to my knowledge, I requested the branch for conversion of domestic deposits into NRE term deposits in terms of RBI AP( DIR) Cir no 45 dated 14th May, 2002 wherein the apex bank had instructed bankers to allow repatriation of current income In India such as like rent, dividend, pension, interest etc. of NRI who may not be maintaining NRO account. For the said purpose, The RBI has prescribed for the bankers to obtain ( I ) Appropriate certificate of CA certifying eligibility of proposed remittance, and (2) Further, certifying that applicable taxes have been paid/ provided for.
    Delhi branch of the bank took up the matter with their International Division in Mumbai who informed branch that they made mistake in my case by opening domestic term deposits instead of NRO term deposits.International Division,Mumbai informed the branch that the conversion of deposits into NRE deposits can be permitted only from NRO accounts duly complying with other CA certification etc.
    I have been filing my tax returns on line and my PAN no is recorded with banks.The branch is deducting TDS and mail me the original certificates annually.
    Further, the domestic term deposit was maturing on Oct 15, 2014 and I requested the branch on September 30, 2014 to place the maturity proceeds to my NRO account.After that I requested the branch to debit my NRO account and open a new NRO term deposit.The branch is silent about my request.My another domestic term deposit of INR 30 lacs,which consists of inward remittance of USD 50,000.00 and domestic pension fund taken out my domestic SB pension account.This account will be maturing in November, 2015.
    Please guide me as to how I can get the conversion of these accounts done into NRO accounts and finally get them converted into NRE term deposits.
    Your guidance and step by step procedure will be highly appreciated.
    Regards,
    Purnendu Prasad

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      1. Open new NRO and NRE accounts with other bank. Let me know if you need any help with finding the right bank for easy conversion into NRE.
      2. Transfer your current funds – both in your resident account and NRO account to the new NRO account with new bank
      3. Transfer funds from NRO to NRE in the new bank
      I hope this helps. Thanks.

  2. Vinay says:

    Hi Jigar,

    Thanks for the informative article. I have a question related to interest earned in India on nRE fixed deposit. Although the interest earned is tax free in India, should the tax earned be reported in USA tax return and tax be paid on that income?
    can you clarify how we can prevent that if indeed NRE deposit interest is taxable in USA?
    Thanks,
    vinay

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Yes. Unfortunately, you can not prevent it. It is taxfree in India as India is getting much needed foreign exchange. USA does not benefit from NRE deposits so it is taxable in USA. Thanks.

  3. Vinay says:

    Hi Jigar,
    My father in law was working abroad and passed away. His NRE account has been closed by bank while he has an NRO account along with my mother in law. My mother in law also has a savings account.
    For the final settlement the company wants to transfer money. Is it fine to transfer to the savings account of my mother in law? Will there be any tax? will tax be deducted later in the FY?

    Thanks
    Vipin

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      You need to understand the composition of settlement in detail – PF, Gratuity, life insurance or case settlement. Also, tax can be deducted only at the time of payment. Once you have received the payment, it can not be deducted later. Generally such payments are not taxable. However, any investment of the money received by your mother-in-law may be subject to income tax. Please contact us if you need guidance for investment or taxation. Thanks.

  4. Sunil Thakur says:

    Dear Patel sahib

    On 16 Oct, 2014 , I transferred 10Lac rupees from Thailand to my Brother account ” Axis Bank in India”for his surgery. Can Axis bank repatriate the balance unused amount to me in Thailand based on evidence of transfer document ? Or Can Axis bank transfer it to my NRE account in corporation bank India. ? As per RBI rules is both ways possible ?
    Thanks in advance and best regards

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      1. I wish but it man not be done that easily.
      2. Your brother may gift the funds back to you in Thailand or write a check that you can credit in your NRO account. Once in NRO, you may transfer the same to your NRE account. Thanks.

  5. Hemant says:

    Hi jigar i want to deposit money in my brother nri account without convert the money from delhi whta is the processor

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      I am not sure about what you want to do. As a brother, you can give gift to your brother and deposit in his NRO account. Process is write a check and deposit in a bank. If you are giving gift, you may also want to prepare a gift deed/letter for income tax purpose. Thanks.

  6. NS says:

    Please help.
    We live in USA and sold the property in mumbai in Dec.2012 and deposited 30 lacs profit in capital gain account with IDBI. We could not find suitable property and decided to pay tax on profit and wanted to convert capital gain nro account to nre account so we could get money in usa. We have already paid taxes in USA also.It has almost 2 years since we sold the property and 18 moths since we amended tax returns and paid tax on capital fains. IDBI wanted form 15G signed by CA and CA says it needs signature of income tax officer.We had applied for PAN card in mumbai 5 years ago and have been filing income tax in mumbai . Now IT is saying our PAN card is in Delhi and need to be transferred in mumbai . Have filled out form with CA a year ago for transfer and it is still not transferred and both IT and CA n keep on asking more and more documents and CA keeps on asking fee for additional work and nothing has been done.
    Will appreciate any help very much

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      1. I am really sorry for your experience.
      2. Please confirm whether the PAN is registered in Delhi. It can be checked online – who is your assessing officer
      3. If Delhi, please confirm if the file transfer application has been filed both in Delhi and the copy of acknowledgement of the application is filed to Mumbai and when.
      4. Follow up with CA why case not yet transferred
      5. You may also want to get second opinion from another CA in Mumbai.
      Is having problems, contact us. Thanks.

  7. Jack says:

    Hi jigar
    I have a query for you. I’m a Canadian citizen would like to move to India permenantly. But currently I m getting some money from a insurance company monthly as a compensation which is direct deposited every month. If I move to India , how could I access the money from India. Thanks
    Jack

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      You may continue to receive compensation in your foreign account even after you move to India. And, then you may transfer the funds to your Indian bank account. Thanks.

  8. Anmol says:

    I am a NRI and US green card currently planning to move to India for few years with a job. I have mortgage payments in US and other expenses. How can I remit my salary from India to the US on a monthly basis ?

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      You can remit the salary after TDS to USA. Form 15CB/15CA may be required. Contact your bank, company and CA. Thanks.

  9. Haninder says:

    Hi Jigar, this is a really informative blog. Thanks for that.

    I had one query – if I have to transfer an amount from my India NRO to UAE savings account, what is the process for that? Look forward!

    Thanks.

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Determine the source, and contact bank. If requried, obtain 15CB certificate from CA, file 15CA and then submit both to the bank for the transfer to UAE. Thanks.

  10. ashish says:

    Hi Jigar,

    I found your articles quite informative. My query is regarding the funds in my NRO account which I’d like to transfer to NRE account so that funds can be repatriated to GBP when required.

    Please advice on the best & quick option for this.

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Please contact your bank where you have NRO and NRE account, understand and follow the procedures. Bank will transfer the funds. If you have any question, please post or let us know. Thanks.

  11. Pranav Kumar says:

    Dear Mr. Jigar Patel

    Great discussion.

    What is the process of getting the gift money from India to abroad, the tax implications and restrictions.

    Thanks..Regards

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Contact your bank and sign a declaration, bank will transfer the money upto $125000 per year to close relatives. Thanks.

  12. Ashwin Bala says:

    Dear Mr. Jigar Patel,

    I am working in Dubai, UAE from past 5yrs and have an active NRE/NRO account with HDFC. I wish to transfer my funds from NRO to NRE account online and can i withdraw cash in Dubai if anyone deposits money in my NRO indian account.

    Kindly advise.

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      You may not transfer funds online from NRO to NRE or withdraw NRO funds in Dubai but once funds are in NRE, you may withdraw in Dubai. Please contact your bank or your CA to help you with NRO to NRE transfer. Thanks.

  13. N BALAN says:

    I need your guidance on repatriation of fund to parents ( from Salary a/c ) from US to India by F1 visa holder ( completed her MS from CMU , at present employed with one of reputed American firm ) applied for OPT .

    Thanks & Regards,

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      There is no restrictions. Just contact your US bank to wire funds (if more). Else, use any money transfer services available online (every bank in India offer online money transfer) or money changers in US to transfer money to your parents account. There is no gift tax on the transfer to parents. Thanks.

  14. Vinod Viswanathan says:

    Hi Jigar,

    Great Article,

    I own an account in SBI NRE, can I transfer an amount from my NRE account to any other NRE account through the net banking. I have done to local accounts but I am not sure about transferring to NRE account.

    Thanks in advance.

    Regards

  15. RAJ DORE says:

    I AM NRI US CITIZEN WITH OCI. I HAVE NRO DEPOSIT AND ALSO NRE ACCOUNT WITH CITIBANK. I WISH TO TRANSFER MY NRO DEPOSIT TO NRE ACCOUNT SO THAT EVENTUALLY I MAY REPATRIATE THE AMOUNT IN US DOLLARS. CITIBANK INSISTS THAT I SHOW THEM SOURCE OF FUND OF MY NRO DEPOSIT. THIS FUND ORIGINATED WHEN I SOLD MY ANCESTRAL PROPERTY ABOUT 15 YEARS AGO AND DO NOT HAVE RECORDS. SINCE THEN IT HAS BEEN IN BANK/NRO. I HAVE BEEN REGULARLY FILING INDIAN ITRETURN AND HAVE ALSO BEEN GETTING IT REFUNDS. CAN YOU PLEASE HELP?

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      If the funds have been in the NRO FD since last 15 years, they may not need the source. Records for last 8 years only needed to be kept. Please follow up with the bank and insist that there is no records and funds in FD since last 10+ years. If they do not agree, change the bank and transfer the funds. Do share your experience. We can help you to find a bank and transfer the money as well. Thanks.

      • RAJ DORE says:

        CITIBANK HAVE FINALLY AGREED TO CONVERT MY NRO DEPOSIT INTO NRE DEPOSIT BY MY SENDING THEM THEIR OWN REPATRIATION REQUEST FORM ALONG WITH FORM A-2 AND FEMA DECLARATION. I HAVE SENT THEM THESE TODAY AND KEEP MY FINGERS CROSSED. LET’S SEE HOW THAT UNFOLDS !! THANKS FOR YOUR SUPPORT ANYWAY.

      • RAJ DORE says:

        CITIBANK HAVE FINALLY COME BACK SAYING THEY ARE NOT ABLE TO MOVE MY NRO DEPOSIT TO NRE DEPOSIT WITHOUT SOME PROOF FOR SOURCE OF FUNDS. I DO NOT HAVE ANY DOCUMENTS TO PROVE SOURCE OF FUNDS. I HAVE BEEN HAVING THIS NRO DEPOSIT WITH CITBANK FOR SOME 4 OR 5 YEARS NOW. WHAT OTHER ‘SOURCE’ DO THEY NEED TO PROVE? I DO NOT HAVE DOCUMENTS PRIOR TO THAT.

        CAN YOU PLEASE RECOMMEND ANY OTHER BANK THAT WILL CONVERT NRO DEPOSIT TO NRE FUNDS MORE EASILY?

        THANKS.

        • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

          I think Citi may be expecting that You would prove the trail of funds i.e. funds in Citi deposit is from the sale of property. Please call or contact us through email if you want us to help you with the transfer. Thanks.

  16. Dave Shah says:

    Hi, great article. I just had one question:

    With Indian banks being given more autonomy, can i ask my bank/are they able to pay NRO interest after TDS directly to NRE account for example using online banking , or will they still require a CA certificate, even though they paid the tax themselves?

    Thanks, Dave

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      You can definitely ask but it would be very difficult. Unless regulation is changed, it may not happen. While they may not directly credit NRE, you may ask them to transfer from NRO to NRE without CA certificate. Thanks.

  17. eureka says:

    Hi Jigar,
    you are doing a great job helping people to resolve the finance related issues.

    I’ve a question. I’m currently in USA and I have an NRO A/C maintained in SBI. They apply 30.9% interest on the interest earned on NRO Fixed Deposit A/Cs. With Double Tax Avoidance Treaty between US and India, I could probably save the interest cut to 15%. However I need to file “Tax Residency Certificate” and Self Declaration Forms for that.

    While browsing online I found the Self Declaration Form online for SBI NRO. But I don’t understand what is Tax Residency Certificate?

    Is it something that I can get online? Is this certificate for USA or India? Can you please tell me where I can get this kind of certificate form or How I can prepare such certificate?
    This is to show to SBI A/C in India that the money I have in NRO A/C I’ve already paid the tax in USA on that.

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      1. The TDS can be cut to 0% if you transfer funds from NRO to NRE and have NRE deposit.
      2. The Tax Residency Certificate (TRC) is required to prove that you are a resident of US. You would need to contact IRS, pay fees and then obtain the TRC. Also, you would need to do the same procedures every years. Instead, break NRO FD, transfer to NRE, invest in NRE FD and be free from all these hassles. Thanks.

  18. SARATHI says:

    Hi,
    My friend is an NRI and he is having NRE account in SBI, now he is going back to India as permanently.
    Could you please tell me whether he can convert NRE a/c into NRO a/c or normal saving acount, the amount will be taxable?
    if, it is possible to convert, let me know the procedure and what are all documents required.

    Thanks
    Regards,

    M. Sarathi

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      On return to India, your friend may not be able to maintain the NRO/NRE account but have to maintain the resident account and transfer the funds. He would also have an option to transfer funds to Resident Foreign Currency (RFC) account. Interest on NRE and RFC account would be exempt but the interest on resident account would be taxable. Procedures and documents would depend on the bank. Thanks.

  19. Mahesh says:

    Hi Jigar,

    Could you please advice what are the tax rules in the following scenario.

    I live in US and GC holder. I have property (apartment) in India. I purchased it in 2005-2006 with about 90% loan in INR and with about 10% cash as down payment when I am working in India. I cleared it all my loan with my salary earned in US. I like to sell this property now and like to bring my money back to US.

    I have both NRO and NRE accounts.

    If I sale the property and deposit the amount in NRO a/c and then transfer to to NRE.

    What are the taxes and how much I will loose the amount.

    I think about 9.5% tax applies for moving from NRO to NRE?

    How much tax at the time of sale amount deposit in to NRO a/c after sale proceedings. Will bank will take care of the taxes or I should consult a tax professional?

    I purchased the property for about 30 lakhs and it may be about 60-65 lakhs now. I don’t know whether seller would completely pay all the amount in Check/DD or some cash to hand. But depositing approximately about say 60 lakhs in to bank is the case. What % tax is involved in the transaction?

    I assume that there is no tax again in US when transferring from NRE. If there is any taxes please indicate.

    Thank you very much for your input and advice.

    Mahesh

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      1. There is no tax in India or US on transfer of funds from one account to another e.g. from NRO to NRE or your account in India to your account in USA.
      2. The tax has been and is always on the income both in India and in the US.
      3. As a NRI selling property, the buyer needs to deduct TDS @ 20.6%. You should hire an experience CA to help you calculate the gain and convince the buyer to deduct TDS only on the gain amount and not on the gross sales.
      4. Once TDS is deducted and/or tax is paid, you can transfer the funds to NRE or USA after providing 15CB CA certificate, and submitting form 15CA to income tax department and both forms to your bank. Thanks.

  20. prady says:

    Hi Jigar very informative article and its a wonderful forum with lots of knowledge on various NRI issues.

    I have a query which I am sure you might be able to answer

    I am an NRI residing in UAE and have booked an underconstruction flat in India which is in final stages. I have applied for a 75 % loan but loan procedure is taking time so have decided to do all the builder payments from my NRE account through some maturing FDs till my loan gets sanctioned as the builder charges a penalty for late payment and the bank has agreed that once the loan is approved they will reimburse the amount already paid to my NRO account. my question is am I eligible to transfer this amount back to my NRE account as soon as its reimbursed. if yes will it need any documentation from CA and will there be any tax component in this transfer?

    my second option is I take a loan overdraft on the NRE FDs from my bank to make the initial payments. in this case the bank will open a NRO overdraft account and give me loan against my FDs which I can pay to the builder and once i get reimbursed from the home loan i can close the Overdraft account. in this case my question is since the initial money is paid to the builder through a NRO overdraft account will this be considered money paid through local account? in case i sell the property will the proceeds be repatriable?

    also in both the cases will the reimbursement attract any taxes/tds?

    Thanks and best wishes.

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      1. NRI can invest in 2 residential property on a repatriable basis i.e. if investment is made from NRE, the purchase price can be credited in NRE on sale. You need to prove to bank that payment is made from NRE.
      2. NRO to NRE transfer of upto $1 million per year is allowed. You need to check with your bank the procedures, how to transfer the funds.
      3. There is no tax on transfer from NRE to NRE, NRO to NRO, NRO to NRE or NRE to NRO. The tax is on the gain/profit when you sell the property. As you are a NRI, TDS will apply. Thanks.

      • prady says:

        Thanks Jigar for your reply.

        if a NRI can buy 2 properties on repatriable basis does thi include land also or only flats/built property? if a NRI buys more than 2 properties is the repatriation based on order of buying or any 2 properties can be selected for repatriation?

        • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

          Limit of 2 residential properties on repatriable basis. Investment in any other – commercial or plot are on non-repatriable basis and sale proceeds can be credited in NRO account only. Thanks.

          • prady says:

            Thanks Jigar

            but what about the order of property purchase?
            if a NRI buys lets say 3 flats which 2 flats are eligible for repatriation. the first 2 bought or the NRI can choose any 2 irrespective of the order of buying?

          • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

            Investor can select which two residential property. There is no order. Thanks.

  21. I am student and I won the lottery draw which was conducted by BMW company I won 500000pounds and BMW car for the delivery through RBI to to my sbi account they asking to pay 500110rs is have to pay before the transaction to my sbi account

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      It is a scam. Do not pay a single rupee. you would lose your Rs. 500110. If someone can give your 500,000 pounds and a BMW, can’t they also give you 5000 pounds? Search on google for such scams and you will find a lot of information. My advise…..DO NOT PAY. Thanks.

  22. DEBASHIS SEN GUPTA says:

    I desire to know the following:-
    -whether a person going on employment for short period once or more than once in a span of 1 or more years to UK/USA and tax is being deducted in that country, needs to convert his SB,FD,RD,PPF A/c to NRO/NRE
    If conversion is mandatory,what are the nature of A/cs to which the person should convert his A/Cs and what are the advantages & disadvantages ?
    Regards

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      If you are going for a project for a short term while being employed by an Indian employer for a short term, you may continue your resident account. However, if you are going for ma long term project, it is advisable to contact your bank and inform about your change in status. Also, there is no conversion but just re-designation. You can continue use your old account number, check books to transact. The benefit is that if you are a NRI, you can open NRE account, which accumulates tax free interest. Also, your status would be NRI so you would get special treatment from banks and banks love NRI business. The disadvantage of NRO account would be that tax @ 30.9% will be deducted, which you can claim while filing tax return in India. Thanks.

  23. Lexi says:

    Hello
    My husband and are I NRI and now OCI for last 30 years. We are disposing our property which was bought with loan from HDFC in 1984 and repaid from NRE Account. The question now is:

    1. Can the Principal Amt be directly credited to NRE account? If so, is there a form to apply for CA and do this. (Apart from 15CA/CB). I read that this is allowed but don’t understand how to go about it.

    2. The Capital Gains would of course go into our NRO account and follow the usual course for repatriation.

    3. Is the Loan Interest which came from NRE Account treated as cost base? or only the contractors Statement of Account.

    Thanks for a very very informative blog.

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      1. Yes, the principal amount can be credited to NRE account. I would assume that you would not have filed a declaration at the time of acquisition in similar to IPI7 form. In that case, you would need to prove with the documentation that the payment is made from foreign remittances or out of NRE account. If you can convince the bank, the principal amount may be credited into NRE account.
      2. Yes. However, as you are a NRI, care should be taken to comply with the TDS requirement. TDS of an actual tax amount @ 20.6% of the capital gain needs to be deducted. The 1% TDS is for the sale of property by RESIDENT. As you are a NRI, TDS @ 20.6% on the gain amount needs to be deducted.
      3. Loan interest can not increase the cost base but is allowed as a deduction from income on an annual basis, like itemized deduction in USA.
      4. As a US resident, the sale may be subject to income tax in IRS and you may also need to comply with the FBAR and FATCA (8938) requirements. Please let us know if you have any question. We have helped many NRIs comply with TDS requirement, tax payment and remittance of funds to USA. Thanks.

      • Lexi says:

        Here is more on same matter with respect to your answer:
        1. We purchased from Grindlays Bank NRE account, transferring funds from overseas – and keeping records of same. Further the property was purchased at the time of construction and availed of loan from HDFC.
        2. We are aware of the 20.6% TDS – What is your comment on Capital Gains being invested in the special bonds?
        3.We live in Australia – and after looking at DTAA – we understand that the sale is subject to capital gains only in India. Is this correct?
        4. Thanks for the input on US Rules.

        • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

          I am sorry about US rules. I would suggest to contact your CPA in Australia to determine if it will be taxable in Australia or not. If taxable, I would not suggest you to invest in capital gain tax bonds as it would not help you save tax in Australia. If you had paid tax in India, you would get the credit for the same in Australia. If you are keeping records, you may transfer the principal directly to NRE but I would suggest you inform the bank and get their approval for the same. Thanks.

  24. Jeev Varghese says:

    Dear Mr. Jigar Patel,

    I transferred around 35 lacs to my brother for his business need in 2012 Jan from my ICICI NRE account.
    Now he is planning to pay back the debt by selling one his property. Only problem is he is planning to deposit that much amount by cash into my ICICI NRO account.

    Do I need to provide source of fund in this case?

    Thanks for your help.

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Your loan to your brother may qualify as a loan on repatriable basis under FEMA rules i.e. Loan is to close relative, for business purpose, out of NRE account, interest free, minimum 1 year, etc. In that case, the loan may also be credited to the NRE account. While it may be very difficult to convince the ICICI bank, it is allowed. If not, you may want to credit funds into NRO and then transfer from NRO to NRE. Thanks.

  25. Rohit says:

    Hi Jigar,

    Very informative article. I hope you can help me with following query.

    I transferred GBP to my Indian savings account (not NRE/NRO) a few months back. Now I need the money back in the UK and looking for ways to repatriate. I am re-designating my local savings account as NRO account and opening a NRE account as well. (I know should have done that before transferring the GBP, but I didn’t at that time.)
    From what I have read, generally the money from sale of a property, shares etc. can be repatriated from NRO account. Can I repatriate the money I had transferred earlier using the NRO account? What would be the best way to repatriate?

    Thanks and regards,
    Rohit

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      1. You can repatriate the GBP you transferred.
      2. You just need to approach the bank that the source of funds is foreign (UK) and not India and is not taxable in India. If you can convince them, they will make the transfer without 15CB/15CA. Thanks.

  26. Saurabh says:

    Hello Jigar,

    Great article, i hope you can help me with my query,

    I recently took a home loan for 55 Lakhs ( NRI) for a property in India. currently repaying money thru my NRE a/c. We recently sold a property in India which was worth 40 Lakhs . I want to use this money to repay my loan but bank would only accept any pre payment from NRE A/C. Please advice how this pre payment can be done ?

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      I am not sure why bank is not accepting money. Try to understand the reasons. Also, if bank still insist on NRE funds, get the funds transferred from NRO (sale of property) to NRE after paying taxes. Thanks.

  27. KUDUR says:

    would like to know can i transfer money that i earned by selling land in india to US account. Do i need to pay any tax if i transfer money from indian bank account to US bank account.

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      You can transfer money after paying tax on capital gain on sale of land. There is no tax on the transfer from Indian bank to US bank. the tax is on the source of fund – in your case sale of land, if resulted in profit. Thanks.

  28. Ninad Kudalkar says:

    Dear Sir,
    Small clarification on following point.
    My friend is currently located at UK & he have placed some NRO FD’s in India with few banks. Now as per my understanding I have asked him to provide TRC, DTAA & Identity prof to avil the benits of DTAA.

    Recently he prematured 1 of his deposit but he was charged with 30.90% instead of 15% as per UK aggrement.

    Note:- The fund where withdrawn from his NRO account & where remitted to his INDIA account.

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      1. Finance Act 2012 introduced requirement of TRC to claim DTAA benefit. Without TRC, TDS @ 30.9%. While TDS is deducted at higher rates, you may be able to claim the tax deducted in India as rebate in UK.
      2. He may also file the tax return for last 2 years and claim the refund of over payment of tax. Let me know if you need any help for income tax return filing.
      3. I am not clear about the note or any other question that you are trying to ask. Please rephrase. Thanks.

      • Ninad Kudalkar says:

        We have checked with the bank from where the deposit was prematured, they have informed us that if the deposit is redemmed & customer is asking us to do the off shore remiitance then only DTAA beneift can be provide to customer.
        In case where customer is asking to remit funds to his INDIA bank account DTAA benfit cannot be provide to customer.
        Is the above statment is correct ?

        • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

          I don’t think the crediting in foreign or Indian account has anything to do with DTAA. What if you have a 5 year FD and you submitted TRC for every year. They will give DTAA benefit and deduct TDS at lower/DTAA rates for first 4 years without knowing which account you plan to credit on maturity. Also, NRO account is your India account only and TDS is also on your NRO account. The NRE and/FCNR account, there is no tax for NRIs, no need to deduct TDS and DTAA benefit not required. Thanks.

  29. arvind vyas says:

    Dear Sir,
    What is the consultancy charges, for NRO to NRE conversion, form 15CA and 15 CB and related work in this.
    Regards

    • Vineet Kumar Gupta says:

      Dear Mr. Arvind
      There is no fixed charges for it and vary case to case basis. Also, how renowned is your CA ?
      If you know a CA personally, he will be more comfortable to do it for you, otherwise, he may ask much more details to prove that money you are trying to transfer from NRO to NRE is already tax paid.
      I approach many CAs, they were either unaware about it or hesitant, as onus is on them to verify that tax is already paid. Subsequently, I could manage to find a good CA thru a contact, who charged very reasonable fee.

      • arvind vyas says:

        Dear Sir,
        Thanks for reply.
        My case is such. I paid ICICIprilife first premium in 2008 of 6 lacs. I paid my Dhs cheque to Asia Exchane (now closed) and Asia exchange given DD to ICICI Prulife in Dubai. ICICIprulife gave me my form in which DD number mentioned with date and from Asia Exchange, Dubai UAE. Later on when policy surrendered they asked me proof of source (that it is NRE). I could not produce any thing except their own statement submitted to me (above DD details, no copy of DD available). For all other premium I had NRE bank statement hence for those there was no problem. After so many arguments, they paid this amount is NRO and deposited in Axis bank. Now Axis bank is saying this NRO not possible to converted into NRE. Even CA gives 15Ca and 15 CB form. Please help me out. I have NRI status for last 22 years.
        Best regards
        Arvind

        • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

          1. If you give the DD (Bank Draft) of a foreign currency exchange to ICICI Prulife in Dubai, I think it should be proof enough that the payment is made in convertible foreign exchange (or NRE).
          2. Please follow up with Axis bank why it is not possible. Ask your CA to communicate/liaison with the bank.
          3. If you still have any trouble, let me know. Thanks.

          • arvind vyas says:

            Thanks for your reply sir. But you have not understood, I paid UAE Dhs to Asia Exchange in Abu Dhabi but what DD Asia Exchange is issues to ICICI Prulife, that I don’t know. They have only put DD statement in first application (as DD number, amount, date and Asia Exchange Dubai UAE) form and not submitted DD to me. ICICI prolife said that Asia Exchange issued DD from India, without any proof. No idea what is this, Asia exchange is closed permanently. This is 2008 case.
            Best regards
            Arvind vyas

          • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

            Only one thing can happen; either you convince them to credit NRE or they convince you that funds will be paid to NRO. If you can’t prove and they don’t have any documentation or do not accept your explanation, and if money is already in the NRO, nothing can be done. You would need to follow procedures to transfer funds from NRO to NRE or to your home country. Thanks.

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Consulting charges would depend on the availability of money trail, number of documents or years and time required for verification of source document. Thanks.

  30. Maha says:

    Hello Mr. Jigar,
    I have similar question, can you pls advise me :
    I am working in Dubai, and applied for the loan of 30Lakhs, I would like to use this funds to repay my personal loan(to relatives) and want to buy a land with left out money. I have two option – which is good interms of tax implication :
    either I can send money to my mother SB account directly or
    I can open an NRE account in india and send money to NRE account and later I can do online transfer to mother SB account. Later she can withdraw 30Lk amount.[ mother has pan card and has pension account but didnt file any return as annual income is less than 60K p a]. as this is big amount transacting in her account, is there any tax implication – will she get any tax notice ? does this deposit considered as her income? does she need to pay tax later? I just got confused, can you pls advise… which is the best method?

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      1. Remitting money to India, Transferring money within India, withdrawing money out of bank account do not attract income tax.
      2. If a large amount (10 lakhs+) of cash deposited/withdrawn from your savings bank account, income tax department would know of such transactions and may inquire why and for what purpose. If you or your mother has not been filing taxes, I would not recommend using cash for paying of debt or loan but instead, use cheque/ bank transfers.
      3. It is your internal matter, in whose name you want to invest. You may transfer funds in your NRE and invest in your name. You may also transfer the funds to your mother as a gift and she can invest in her name. Thanks.

      • Maha says:

        Thanks Jiger, One clarification on #2 and #3
        #2 – you asked to use cheque instead of cash – does this mean my mother should use the SB account cheque.(after I transferred funds to my mother from my NRE account). Ido file a tax return every year.
        #3 – with regard to Gift – how do I show this as gift, is there any separate process or just a description while transferring money through bank.
        #can I transfer money directly from exchange to mother SB account or open NRE account- transfer exchange to NRE – transfer NRE to mother SB account. – which is safe.
        #

        • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

          2. Transfer from your account to your mothers would be either loan or gift. I always suggest, whenever possible, use cheque.
          3. For gift, I recommend to have a gift letter that includes PAN and signature of both and make a note while filing tax return of your mother that she has received gift from you.
          4. Both are safe. Make sure there is a trail of funds from your account to hers.

  31. Leena Aggarwal says:

    Dear Sir,

    Pls resolve my query too. As per Foreign Exchange Management ( Borrowing or lending in foreign exchange) Regulations, 2000, an individual resident Indian can borrow money from his close relative outside India subject to following conditions:

    1. Borrowings shall not exceed US$ 2,50,000 or its equivalent in foreign exchange.
    2. the loan is free of interest.
    3. the minimum maturity period of the loan is One year.
    4. The amount of loan is received by inward remittance in free foreign exchange through normal banking channels or by debit to the NRE/FCNR(B) account of the non-resident lender.

    My question is Can Resident Indian repay loan in foreign currency and through which account.

    Pls tell me the whole process.

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      A resident Indian having foreign currency usually maintains RFC (Resident Foreign Currency) or EEFC (Exchange Earners Foreign Currency) accounts. While EEFC is mainly for business transactions (exporters), RFC is for other residents. For payment, there is no requirement to pay in foreign currency. A resident may pay in INR and as the loan would be on repatriable basis, NRI would be able to credit the repayment in the NRE account and remit the funds outside India. Thanks.

  32. Ram Garg says:

    Dear Mr Patel,

    I receive regular pension for 20 years of service with Punjab State Electricity Board in my NRO account for which PSEB deducts Tax if justified for payments made to me. Do I need to process forms 15 CA/CB. I have regular tax returns filed and assessed under my PAN. Please advise the process to convince my bank for NRO to NRE repatriation of my pension and matured PPF amount after 15 years.

    Thanks & Regards

    Ram Garg
    Retired Electrical Engineer
    B. Tech Hons IIT Khaagpur
    Melbourne Australia

    NB: I have dual citizenship of both Australia and India.
    For last 24 years in Australia I used up my pension in India but I need these monies now for family welfare and medical expenses.

  33. sharma dk says:

    whether form a-2 also to be submitted in the Bank while getting my funds transferred from nro to nre a/c?

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Form A2 is just an application cum declaration by the person is usually required for any transfer / remittances out of India. As NRO to NRE transfer may also be regarded as transfer out of India as there is no restrictions/limits on transfer of NRE funds abroad, It may be required. It just tells bank the reason/nature of transfer, that it is within limit and as per RBI/FEMA and there is nothing to worry about. Thanks.

  34. poornima says:

    Hi
    I came to know that recently RBI has sent circular regarding NRO account holders that they cannot receive any overseas amt or withdraw any amt from their account till election i.e 12th may. Is it true?
    Thanks
    poornima

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      I am not aware of such circular. I don’t think RBI can limit withdrawal from bank account. Instead, they may ask if caught with cash to prove the source and if you explain and has proof that it was withdrawn from bank, it would be okay. Anyway, if you know such circular, please email it to me at jigar@nareshco.com. Thanks.

  35. Francis Edwin says:

    Dear Sir

    I am given to understand that conversion of NRO FD fully funded from abroad does not need to go through the 15ca / 15cb route. It is only if amounts in the NRO account have been funded locally that one needs to use the two forms. ICICI also does not need 15ca/cb for such a transaction. Please enlighten me as most Branches have never seen a single transaction of such nature thus far. Pl see point 2 of Documents Required in the following ICICI format http://www.icicibank.com/nri-banking/pdf/Request_Letter_for_Transfer_29.pdf.

    Thanks. F Edwin

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      It is great that ICICI has agreed for no documentation for NRO to NRE transfer for FDs made out of NRE funds. This will solve many issues. My interpretation of the CBDT circular is that 15CB/15CA not required for any NRO to NRE transfer provided the funds for family maintenance and savings as it is included in the specified list, as a customer, you are at the mercy of the bank as they have the power. You may try to convince them 15CB/15CA not required but if they are adamant, you may have to give as it is you who want to move money from NRO to NRE. Please check my blog “15CA/CB rules revised Again: 15CA/CB May NOT be required for NRO to NRE transfer” and 140+ comments. Thanks.

  36. Dominic says:

    Hi Jigar

    Can I transfer my NRE Fixed Deposits proceeds , maturing after my return to India,(after my becoming Resident Indaian) to my son’s NRE Account who continues to be NRI ?

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      You can transfer your funds in NRE account to RFC account on return to India. And, you can transfer the funds in RFC account to your son’s NRE account as a Gift. Thanks.

  37. Sankar says:

    I transferring my monthly salary through exchange from Dubai to my SB a/c in India. If I send more than 10 Lakhs to my SB A/c was Taxable by IT.

  38. kaushlendra kumar says:

    First of all thanks for this Article.

    Plz let me know after notification 67/2013, it is necessary to file 15CA & 15CB to convert NRO to NRE A/C. If no then what is the procedure to convert the same.

  39. akhtar says:

    Dear

    I have saving account in ICICI Bank And transfer money from oman more than 7 lakhs is it possible
    or open NRI Account.

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Yes, you can open both NRO and NRE account with ICICI or any other bank.

  40. SK Arora says:

    Dear Sir
    Some time back I transfered my salary earned abroad to my savings account with SBI & this account was converted to NRO account. Major portion of this money ( money remitted from abroad ) was put in a NRO FD. In case I break my NRO FD and transfer funds to my NRE account & if intrest earned for FY 2012-13 on NRO FD is less than 2 lacs in India and there is no other income in India, can 30% TDS deducted by bank be claimed back by filing return in India.

  41. Vishal says:

    Dear sir,

    I would like to get my NRO funds converted to NRE funds and would like to use your services to assist me.
    Currently I am paying TDS at 15% (Canada) and was wondering what the TDS rate would be if I break my FD (i do not have the residency certificate). Would I have to pay 30% since the beginning of my FD, or would it be from May 2012 when the new bill was introduced in the budget?
    Thank you for your help.
    Vishal

  42. Dipen says:

    Hi Jigar,

    At present US $ is getting stronger (almost Rs.60). Is it good time to convert Resident bank account into NRO and then NRE account? Do I need to break my FDs held in Resident bank account to convert into NRO account?

    Thanks in advance,
    Dipen

  43. prahallad behera says:

    I am currently staying in US and have an NRE account in India.Is there any such limit to transfer USD to my NRE account?

  44. SURESH NANDHA says:

    i have a fd in sbi nro account now i have to transfer fd from nro to nre i have filed the 15 ca form i want to know my nro & nre bank are same so the form i filed up the information of remitance that address should be the ass who stays in dubai the remiter and remitance address should of dubai only particulars of remitance and tds sbi bank or wat pls help me out my fd is going to mature in 29-07-2014

    thks

  45. KVR Jain says:

    Hi Jigar,

    I have kept some amount as fixed deposit in my fathers name in India.

    I have both NRE & NRO a/c. Can i transfer the amount from my fathers normal s/b a/c to my NRO a/c & then transfer it to my NRE a/c for a fixed deposit.

    Your quick resonse is higly appreciated.

    V/r
    Jain

  46. Rajan says:

    I am an NRI US citizen. Recently I inherited Rs 1. crore from the sale of family property towards my share . Out of this amount I have invested Rs 50 lakhs in Capital Gains account with REC Bonds and The balance Rs 50 Lakhs are in my NRO savings account with a Bank in India . I have also paid Income tax on the Income from the proceeds of my share of the property. I would like to transfer Rs 50 lakhs in my NRO account to a NEW NRE account which I shall open .
    My question is any tax ie applicable on the proposed Transfer . Please advise
    RAJAN

  47. Krishna says:

    I want to sell a property after holding it for 10 years and want to use the money to pay part of my Overdraft loan (against NRE-FD). What is the best way to do it? Can I directly deposit it to my Overdraft current a/c?

    Since I would be using the income generated to pay off another loan, are there any any tax implications? Any form like 15ca/cb to be filled (assuming I use NRO a/c)?

    Thanks

  48. Harish says:

    Can you provide some guidelines how to repatriate INR to USD from NRE account.
    I tried moving money from NRO to NRE and ICICI Bank doesn’t allow. Have the banks already implemented the rule that was introduced in May 2012 for moving money from NRO to NRE?

    Appreciate your comments.

    Rgds,

    Harish

  49. saty says:

    Thanks a lot.

  50. satyen says:

    Dear Jigar,

    I hope Form 15CB will be filled by my CA.
    I have gone through the forms online and found it little difficult to fill Form 15 CA.

    Part B of the form – Amount of remittance in foreign currency as i have repatriated the funds long ago.
    Amount of TDS / Rate of TDS / amount of remittance after TDS etc.
    also points 12 to 16 are confusing. (I am in Oman & a salaried person)
    Can you help.?
    Regards
    Satyen

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Hi Satyen,

      If you read carefully, Part B is to be completed based on 15CB issued by CA. So, do not worry. You may also ask your CA to fill up Form 15CA on your behalf in a template and after review, you fill it online accordingly.

      I hope this was helpful.

      Regards,
      Jigar

  51. PARTH SHAH says:

    Dear Jigar,
    First of all thanks a lot for such a wonderful article.
    I have read somewhere that for Form 15CB, the remittor and benificiary need sot be be different person. However if one transfer funds from NRO A/c from NRE A/c which are in the same bank, then both remittor and beneficiary will be the same person. In such case how will the form be filled?

    Regards

    Parth

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Parth,
      There is no such requirement. Anyway, you do not have to worry as your CA will know how to fill up the 15CB.
      Thanks for your comment.
      Regards,
      Jigar

  52. Jagdish says:

    Dear Jigar,

    Firstly, thank you very much for crating this informative blog which is providing very very useful information about transfer of NRO to NRE and also for the responses given by you against the queries raised. I do have one query as under :

    I am holding NRE and NRO account with State Bank of India. Till today, what i have done is i have sent all money from abroad to my NRE saving account only and made all NRO FD’s. NRO FD’s were made by SBI by transffering money from my NRE saving account and not from any other account / source.

    Now, i want to transfer money from NRO FD’s to NRE FD’s. Considering the fact that my NRO FD’s were made by transferring money from my NRE account only and even, SBI can also verify the same at their end from my NRE saving account transaction details; do i have to submit form 15CA and 15CB ? Is it mandatory to submit form 15CA and 15CB OR i have to submit only signed FEMA declaration and Undertaking to SBI ?

    Please reply as soon as possible.

    Regards,

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Dear Jagdish,

      For transferring money from NRO to NRE, it is mandatory to submit 15CA and 15CB as there is no restriction on remittance out of NRE account. You need to follow procedures as if you are transferring money out of India.

      Thanks for your comment. I really appreciate it.

  53. Gaurav Jain says:

    Dear Jigar,

    If a NRI wants to engage in Futures trading, then broker has told me it is done by transferring funds from NRE account to NRO to broker account and vice versa to transfer funds back overseas. Now, is the money earned from Futures trading taxable in India? I will be transferring funds back to Australia so question is if income earned is taxable in India, will I have to pay tax again in Australia? I have heard of Double Taxation Avoidance treaty between India and Australia but I am not sure it it applies here.

    Thanks.
    Gaurav

  54. saty says:

    Dear Jigar,

    1. Is it advisable to transfer funds by breaking the FD?
    2. Does SBI charge any transfer fees?
    3. How fast will the bank transfer it?
    4. Where can i get Form CA & Form CB?
    5. if FD broken before maturity will it be still taxed?
    6. I have given a self declaration on NRO a/c to SBI about DTAA, what will be my TDS?
    thanks
    Sat

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Dear Sat,

      Thanks for leaving a comment.

      1. For most of investors, Yes. However, in your case, I can suggest only after looking at your situation.
      2. SBI does not charge any transfer fees. However, there may or may not be penalty for pre-mature withdrawal of FD.
      3. Transfer completed on the same day bank receives Form 15CB, 15CA and request letter or any other documents, if required.
      4. Form 15 CB – Get it from Chartered Accountant, Form 15CA – to be filed online at http://www.tin.nsdl.com
      5. Interest until breaking FD calculated and TDS deducted on the interest.
      6. From 2012-13, self declaration may not be sufficient. TRC – Tax residency Certificate may be required to deduct TDS at DTAA rates. Please contact your bank for details

      Let me know if you have any question.

      Thanks,
      Jigar

  55. Jigar Parekh says:

    thanks

  56. Jigar Parekh says:

    Dear jigarbhai

    Nice to read your article, it’s very informative.

    Query:

    transferring fund from NRO to NRE can only be done with the funds lying in NRO FD or can NRI also do the same with the MF investments done with NRO status?

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Transfer is from NRO bank account to NRE bank account. Sale proceeds of MF investments credited to NRO account are also eligible for conversion into NRE account subject to conditions.

  57. Pingback: RBI allows transfer from NRO to NRE account 3: Procedures for Transferring funds | Naresh J. Patel & Co, Chartered Accountants

  58. shanky says:

    Hi Jigar,
    1. Yes, I understood benefit #4 and #5. In fact I have already thought about making use of #5 as USD has appreciated at the moment and domestic deposit rates are high. In a few years time when rupee starts to appreciate, it makes sense to repatriate it significantly increase the return. (say $100, convert today at 55, deposit for 2 years at 10% and repatriate it back at 40 Rs/$ will give you approx 32.5% return)

    2. I had a fixed deposit that paid me an interest of Rs. 3 lakhs. Tax has been deducted at source already at 10% i.e. 30k. I will be filing a return next year with deductions under 80C to claim this 30k back fully from IT department. The question I had was whether there will be any tax/charges at the time of repatriation of the funds to a foreign account i.e say when $ is around 40 rs in the above example?

    Thanks for your replies and insights.

    Shanky

  59. shanky says:

    Hi Jigar,

    Yes I understand, allowing tranfer to NRE account means you keep the deposit in rupees, meaning you dont sell INR to buy USD (which would devalue the currency even further).

    I was under the impression that the funds in NRO are non-repatriable. Atleast, that is what I have been told by the banks in India. Also, I was under the understanding that the 1m$ ceiling we are talking about applied to transfer from NRO to NRE account and not for remittance from NRO to abroad, as stated in the RBI circular dated 7/5/12

    http://rbi.org.in/scripts/NotificationUser.aspx?Id=7180&Mode=0

    A couple of more queries:

    1. Do you suggest filing the form 15 CA/B online on
    https://onlineservices.tin.nsdl.com/TIN/JSP/tds/enterForm15CA.jsp?

    Banks do want to see Form 15CA, CB before they can move the money from my NRO to NRE

    2. If I am an NRI and have a rupee fixed deposit with a bank and the interest amount has been taxed already at the statutory 10%, do you think when I move the money from NRO to NRE account, do I need to pay any additional taxes?

    Regards
    Shanky

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Hi Shanky,
      1. Please read the notification, benefit #4 and #5 twice to understand the changes from the notification.
      2. Form 15CB to be obtained from a Chartered Accountant in physical form (It is a certificate signed by CA). Form 15CA must be filed online by you and then printed and signed. Both 15CB and 15CA to be submitted to bank for transfer
      3. While you may be in 10% tax bracket, TDS on interest in your case from April 1, 2012 (assuming you have not submitted TRC to bank) would be 30.9%. You may claim the difference but for that you need to file tax return in India and refund will take about a year or more.
      4. There is no additional tax on transfer of funds from NRO to NRE.

  60. shanky says:

    Hi Jigar,

    Nice article. Two queries:

    You mentioned – “However, on completion of 1 year, NRIs will not keep invested in NRO FD but will rush to break FDs to remit money out of India for investing back in NRE FD”
    How is this possible. NRO deposits are non-reptraiable i.e. cannot be moved out of
    India.
    The only way we can move funds from NRO is convert the funds into $ currency/DD for moving out to a foreign bank account and then remitting it back to NRE Rupee account or Foreign currency ($ account) account in India.

    2. Currently under the new regulation, do I need to furnish Form 15 CA, CB for moving my money from NRO to NRE even if its within the limit of USD 1m?

    Thanks
    Shanky

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      Shanky, Thanks for your comments. See below for my answers.
      1. NRO funds upto $1 million can be remitted abroad. Had RBI not allowed transfer from NRO to NRE, a lot of NRIs would have remitted abroad and again remitted from abroad to NRE account to earn tax free return. There is no point of keeping money in NRO account earning same return as NRE and pay tax or deal with banks for TDS, TDS certificates, Income Tax Returns, whether TDS is showing in 26AS, etc.
      2. RBI allow NRIs to remit funds abroad upto US $1 million per year. 15CA/CB is required to confirm and/or verify that remittances do not exceed $1 million. You CAN NOT remit more than $1 million per year from NRO account.
      Thanks.

  61. mo says:

    I have some NRO FDs in a bank. I wish to take advantage of the allowance by RBI to transfer money from NRO FD to NRE FD. My deposits are yet to mature but have already run for 2 yrs. How can I convert the NRO FD’s to NRE FD?
    Please let me know the process and forms that need to be filled in.

    Thanks and regards,
    Mo

    • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

      The process and form will depend on the bank with which you have NRO FD. Normally, you can not convert your NRO FD into NRE FD. You have to break NRO FD and transfer balance into NRO savings account. Thereafter, you need to obtain a certificate from Chartered Accountant in Form 15CB and submit Form 15CA. Only on submission of 15CA, 15CB, application and other forms depending on the bank and NRO check (cheque), you can transfer the funds. Thanks for reading our blog and posting comment.

  62. Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

    Please see my another blog that explains why NRIs should transfer funds from NRO to NRE account http://nareshco.com/blog/?p=229

  63. Rajiv says:

    Could you please let me know whether you could do the needful for my NRO and NRE account with a SBI Branch in Haryana? Please mail me at r____@gmail.com

    • Rita Vijay says:

      Dear Mr. Jigar Patel
      Please advise me regarding my NRO Fixed Deposit Tax Deduction.
      My Principal Amount was Rs. 29,54,550/- Maturity Amount Rs. 37,94,389/-
      duration of FD 1000 days at the rate of 9.25 % .
      The Bank has given me Rs. 36,01,000/- . As I am residing in Kuwait according to DTAA , I am supposed to pay 10 % Tax on my interest (Every year I have submitted my DTAA and PAN card details also) but I feel they have deducted much more than 10 % .
      Kindly tell me how much amount should I get after Tax Deduction.
      Thanks and regards
      Rita

      • Jigar Patel, CFA (USA), MBA-Finance (USA), CPA (USA), CA (India) says:

        While India and Kuwait has DTAA, you may not be able to get the benefit as since last 2 years, TRC (Tax Residency Certificate) would be required to get the DTAA benefit of 10%. Unfortunately, NRIs from GCC countries, where there is no income tax, TRC may not be issued and as a result, you may not claim the DTAA benefit of TDS @ 10%. In your case, TDS @ 30.9% (30% tax + cess) would be deducted. Without the exact date of FD, I may not be able to calculate the exact amount. You may also ask the bank to provide the details and the TDS certificates. Please note that, you may claim the refund of any additional tax deducted by bank back from the income tax department after filing your tax return. The last day of filing tax return for the financial year 2011-2012 is March 31, 2014. Let us know if you want our help in this. Thanks.

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