Financial Implications on Becoming an NRI: What You Need to Know

Working abroad can be an exciting opportunity, but before leaving your home country, there are important things to consider. If you are an Indian citizen working overseas for more than 181 days, you will be classified as a Non-Resident Indian (NRI). This classification has implications for your financial accounts and investments back in India. In …

Capital or Revenue Receipt: Interest on Fixed Deposits to be Adjusted from Interest Paid on Borrowing During Period of Construction

A filed appeal challenges the order passed by the Income Tax Appellate Tribunal on November 29, 2019, for the Assessment Year 2012-13. The appellant’s counsel argues that the ITAT made an error by allowing the capitalisation of interest on fixed deposit receipts (FDRs) earned during the construction period without appreciating that the assessee did not …

Acquisition of Immovable Property by NRI or OCI in India

Acquiring or transferring immovable property by Indian residents outside India and non-residents in India is considered a capital account transaction and is subject to restrictions. The acquisition is governed by sections 6(3), 6(4), and 6(5) of FEMA and FEM (Non-debt Instruments) Rules, 2019. In some cases, RBI approval is mandatory to purchase immovable property in …

NRE Account: A Detailed Guide for NRI Maintaining NRE Account

The Non-Resident (External) Rupee Account Scheme, or NRE, is governed by Part II para 4 of RBI FED Master Direction No. 14/2015-16 dated 1-1-2016 and Schedule I of FEM (Deposit) Regulations, 2016. The instructions for opening and maintaining the account are given in Schedule 1 to Foreign Exchange Management (Deposit) Regulations, 2016. The key features …

FDI in Startup Company: Regulations and Reporting Requirements

Foreign Direct Investment (FDI) is an important source of capital for startups in India. The government has introduced various regulations to facilitate FDI in the startup sector. In this article, we discuss the regulations and reporting requirements for FDI in startup companies in India via an issue of Convertible notes. What is Convertible Note Convertible …

Non-Resident Indians (NRI) Buying Immovable Property in India: Important Reading for Non-Resident Indians (NRIs)

Acquiring property in India can be a complex process, particularly for those who reside outside the country. Indian citizens living abroad, known as Non-Resident Indians (NRI), are subject to specific regulations when it comes to purchasing or investing in Indian properties. The Foreign Exchange Management Act (FEMA) of 1999 and the notifications issued under it …

Foreign Direct Investment (FDI) is allowed in Limited Liability Partnerships (LLPs)

Foreign Direct Investment (FDI) is allowed in Limited Liability Partnerships (LLPs) in India, subject to certain conditions. LLPs are a relatively new form of business structure in India that were introduced in 2008. This type of business structure is a hybrid of a partnership and a private limited company, which allows for flexibility in management …

Liaison Office of Swiss company’s subsidiary does not constitute a PE for preparatory or auxiliary activities

The Mumbai ITAT has ruled in favor of the assessee, holding that the liaison office (LO) of a Swiss company’s subsidiary in India does not qualify as a permanent establishment (PE). As a result, the addition of business income of Rs. 1.50 crore, attributed to 50% of the income from repairs and maintenance and integrated …

Income Tax on Rental Income from Immovable Property of Non-Resident (NRI)

Property is a well-liked investment option in India due to its ability to produce a steady stream of income through rental payments. NRIs who own property in India can lease it out and receive rental income, which is considered taxable in India. The tax is classified under the “Income from House Property” category and is …

Foreign Direct Investment (FDI): What is FDI, Definition of FDI and Types of FDI, All You Need to Know

Foreign Direct Investment (FDI) refers to investments made by a company or an individual based in one country into a business located in another country. In the case of India, FDI refers to investment made by foreign companies or individuals into Indian businesses. FDI in India has been an important driver of economic growth and …

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