This article looks at the tax and compliance rules to keep in mind for transferring money to an NRE account by resident Indians, from NRO accounts and from abroad.
This article looks at the tax and compliance rules to keep in mind for transferring money to an NRE account by resident Indians, from NRO accounts and from abroad.
What is an NRE account? How does it differ from an NRO account?
To comply with the Foreign Exchange Management Act (FEMA) rules, an NRI cannot have regular savings accounts in India. Therefore, you must convert existing accounts to NRO accounts and excess accounts must be closed. This step is important once your status changes from resident Indian to NRI and can be done either online, for selected banks, or during your next visit to India.
Feature
NRO Account
NRE Account
FCNR(B) Account
RFC Account
Income Source
Indian income (including capital gains)
Primarily foreign income, some taxable Indian income
Foreign currency deposits
Funds held in foreign currency by returned NRIs
Repatriation
Allowed with Forms 15CA/15CB, up to $1 million/year
Fully repatriable (for foreign income and taxable Indian income)
Fully repatriable
Fully repatriable
Limits
Unlimited when deposited; $1 million/year on repatriation
No limits on deposits/withdrawals
No limits on deposits/withdrawals
Generally no specific limits defined, but related to funds brought back upon return or received from specific sources
Capital Gains
Can receive proceeds from sale of assets
Cannot receive proceeds from sale of assets directly. Proceeds must go to NRO
Cannot receive proceeds from sale of assets
Can receive proceeds from sale of foreign assets held before returning
Taxation
TDS applies to Indian income
Generally no tax on foreign income, tax applies to specific Indian income
Interest earned is tax-free in India
Interest is taxable at slab in India
Currency
INR and Foreign currency
Foreign currency
Foreign currency
Foreign currency
Non-Resident External (NRE) Account
An NRE account can be opened only once you are an NRI as a fresh account. Old accounts, which existed when you were a resident Indian, must be converted into NRO accounts, not NRE accounts. You can check your NRI status here: Who is an NRI and who is not? Understanding FEMA and NRE/NRO bank accounts.
This account is used to send money to India. The features and uses are:
This is a fresh account that can only be opened by an NRI. Existing resident Indian or NRO accounts cannot be converted to NRE
Money deposited in this account must originate outside India.
Interest earned is tax-free in India but may be taxable in the country where the NRI is residing.
You can send both interest and principal out of India without limits.
Deposits can only be made in foreign currency, and withdrawals are in INR.
Joint accounts are allowed only with another NRI.
You can transfer funds to other NRE or NRO accounts.
It may be used for stock investing but is not recommended.
It is the best option for Mutual Fund investing due to easy repatriation.
This account is used for any income and investments in India. The features and uses are:
Existing savings accounts are converted to NRO accounts (and not NRE) once you leave the country and status changes to NRI from resident Indian as per tax residency rules
Interest earned is taxable in India at current slab rates. The benefit of the Double Taxation Avoidance Agreement (DTAA) is available with most countries so that you can offset tax paid in India as an input tax credit in your home country.
You can send both interest and principal out of India, but the principal must be within $1 million. A CA must certify that you have paid taxes on this income.
You can make deposits in both foreign currency and INR, and withdrawals are in INR.
Joint accounts are allowed with another NRI or a resident.
Incoming transfer into NRO from Indian resident accounts do not attract TCS under the LRS rules
Funds can be transferred only to another NRO account or to even resident accounts.
Transfer from NRO to an NRE account i.e. for repatriation is capped at $1 million per financial year and requires CA input on the required forms to be filled
This account is used to receive income from interest, FD, rent, stock and MF dividends, and the proceeds from selling real estate, stocks, and mutual funds.
It can be used for both stock and MF investing.
Only NRO accounts can be used for investing in and for receiving interest from RBI/Gilt bonds from the RBI Retail Direct Portal.
Foreign Currency Non-Resident (FCNR) Account
Note: FCNR(A) accounts were discontinued in 1993 and used to have exchange rate guarantee from the RBI. Now only FCNR(B) accounts, without exchange rate guarantees, exist.
NRIs or PIO card holders can open FCNR(B) accounts either singly or jointly with other NRIs
FCNR(B) accounts are term deposit (FD-type) accounts held in foreign currency (USD, EUR, GBP, AUD, SGD, CAD, CHF, HKD are typical)
Interest is paid every 180 days and the account matures in one to five years
Interest earned is tax-free in India
Both principal and interest are fully repatriable
Pre-mature withdrawal is possible with interest rate penalties
They eliminate currency conversion risk since they are held in foreign currency
Can be used for payments in India, making investments and transfers to other NRE or FCNR accounts
Resident Foreign Currency (RFC)
Resident Foreign Currency (RFC) are for NRIs who have returned to India and used to store foreign currency, say in USD, GBP and EUR
Allows returning NRIs to hold onto foreign currency instead of immediately converting to INR
These amounts are repatriable and can receive funds from abroad or other NRE / FCNR accounts
Interest rates are generally lower than FCNR or NRE accounts
The interest income on these accounts are taxable at slab rates
RFC accounts help you time your currency conversions from foreign currency to INR based on expected rate movements
Use the RFC account if you have large INR liabilities (e.g. builder payments for an under-construction house) and you expect the Rupee to depreciate against your foreign currency holdings
This table summarises these account types for every type of tax status:
Account Type
NRI
RNOR
Resident (ROR)
Account Type
NRI
RNOR
Resident (ROR)
NRE
Open & Operate
Can Continue (if not yet reclassified) New not allowed
Must be converted to Resident Account
NRO
Open & Operate
Continue as-is
Continue as-is
RFC
Cannot open
Can Open & Operate
Can Continue / No tax benefits
FCNR (B)
Open & Operate
Cannot open new Continue till maturity
No new deposits Continue till maturity → must convert
How to transfer money from abroad to an NRE account?
Transferring money from abroad to your own NRE account in India is the reason that the NRE account exists. To transfer the amount, you primarily need:
the NRE account details like account number, IFSC code
a transfer provider like Wise, Western Union, PayPal etc or your bank (via wire transfer)
The transfer fees and time will depend on the platform chosen and the amount that is being transferred. There is no additional tax in India or abroad since this is your own post-tax money. There is no limit to the amount being transferred (though some platforms have their limits and banks do not).
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How to transfer money from an NRO to an NRE account?
An NRE account allows unrestricted repatriation, i.e. money being sent abroad without tax or limits, while an NRO account has limits.
As per the RBI circular from 2012, NRO to NRE transfer is allowed up to $1 million in a financial year (Apr to Mar).
Since income in the NRO account is taxable, only the post-tax amount can be transferred to your NRE account. This means you need to produce a certificate, via CA, that all taxes have been paid before the bank will accept the NRO to NRE transfer.
For doing the NRO to NRE transfer, you must submit:
FEMA declaration that essentially says that you are an NRI and eligible to transfer from NRO to NRE
Form 15CA is a declaration filed via the Income Tax portal (with a copy to the bank) that the money transferred is post-tax
Form 15CB is a certification provided by a CA that the amount being transferred is compliant with all relevant income tax sections (including Section 195 regarding TDS) and any tax paid already (say on interest, capital gains or rent) is DTAA compliant (so that you get a foreign tax credit on the tax paid in India on the income).
Note: Form 15CB is optional for amounts below ₹5 lakhs but banks will ask for it anyway.
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Do you need an NRE account to transfer money abroad?
You can transfer from NRO as well by following the Form 15CA/CB process as described above. Having an NRE account is not mandatory.
How to transfer money from a resident Indian to an NRE account?
You cannot directly transfer money from a resident Indian account to an NRE account. The transfer must be first to the NRO account of the NRI and then from NRO to NRE as above.
Resident to NRO transfers come under RBI’s Liberalised Remittance Scheme (LRS) with TCS applicable for all transfers above prescribed thresholds.
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This post titled The complete guide for transferring money to an NRE account: NRO to NRE and resident to NRE covered first appeared on 10 Apr 2024 at https://arthgyaan.com