Possible investment options the NRI could explore

By | February 9, 2010

The 40% scheme allows for purchase of equity, preference shares and convertible debentures not exceeding 51% of the face value of each issue. Repatriation of up to 40% of the new issue is allowed. Under this scheme, NRIs can invest in new projects or in expansion and diversification projects of existing companies.

With increasing opportunities for work cropping up worldwide, more and more Indians are opting to migrate to other countries in the search for greener pastures. However, being Indians we still feel the need to stay connected to the place of our birth and therefore, we try to make investments in India through different avenues. Let’s take a look at how Non-Resident Indians (NRIs) can make investments in India.

Can NRIs make investments in India?

NRIs can make investments in all the investments options which are available to Resident Indians. However, Persons of Indian Origin can only make investments in non-agricultural businesses in the country.

Are NRIs allowed to deal in stocks and shares in India?

Yes. NRIs can invest in shares and stocks by:

  • Directly subscribing to shares and debentures of Indian companies on a repatriable or non-repatriable basis
  • Through the Portfolio Investment Scheme
  • Through government securities, certificates and units of UTI through remittances from their domestic accounts or remittances from abroad

What kind of an account does an NRI use to make payments for invesments?

An NRI needs to use a:

  • NRE Account (Non-Resident External Rupee Account)
  • NRO Account (Non-Resident Ordinary Rupee Account)
  • FCNR Account (Foreign Currency Non Resident Account)

What are the 24% and 40% Schemes?

The 24% Scheme allows Indian companies, except those engaged in agricultural activities, to issue up to 24% of their shares and debentures to NRIs with repatriation benefits.

Similarly, the 40% scheme allows for purchase of equity, preference shares and convertible debentures not exceeding 51% of the face value of each issue. Repatriation of upto 40% of the new issue is allowed. Under this scheme, NRIs can invest in new projects or in expansion and diversification projects of existing companies.

What are the investment options available for NRIs?

NRIs can invest in:

  • Bank Deposits
  • Secondary markets through Portfolio investment in equity shares/convertible debentures
  • New issues (shares/convertible debentures)
  • Non convertible debentures
  • Mutual funds provided that amount is invested out of NRE/FCNR/NRO account or by inward remittance
  • Domestic (NRO) funds through deposits in Indian companies (including Non Banking Finance Companies if they are registered with Reserve Bank of India) on non repatriation basis upto 3 years subject to certain formalities to be completed by the concerned company
  • Bonds provided that amount is invested out of NRE/FCNR/NRO account or by inward remittance
  • Proprietary or partnership concern in India
  • Immovable property provided that the amount is not invested for the purchase of agricultural land, plantation property or farm house and investments are made from fresh inward remittance or existing non resident account

What are the different tax benefits available to NRIs?

  • Bank Deposits investment in shares, units of Mutual Funds etc. are exempt from wealth tax in India
  • Interest earned on NRE and FCNR accounts is completely tax-free
  • In 1997, gift tax was abolished. So both the donor as well as the recipient did not have to pay any tax on the gifts received. Consequently people started misusing the vacuum left behind by scrapping of gift tax. There was a widespread transfer of insincere gifts from the non-relatives. In order to fill up this void, Section 56 (2)(v) of Income Tax Act was passed in 2004.As per Section 56 (2)(v) of the Income Tax Act , any amount exceeding Rs 25,000 obtained by a person or a Hindu Undivided Family (HUF) without any consideration from non-relative would be taxed. The only cases exempted were the gifts given during marriage, inheritance left behind in a will or if the payer has died.
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15 thoughts on “Possible investment options the NRI could explore

  1. Manish

    Does anybody know can NRI's or Permanent Residents from overseas countries buy the properties in India? What if they become Overseas Citizens can they still buy the residential property in India?

    Reply
  2. Anonymous

    good article am interested in nri investment options

    Reply
  3. Anonymous

    NRI’s or Permanent Residents from overseas countries can buy properties in India.

    Reply
  4. Pravin

    Is it compulsory to close down your Savings Account in India if you start working abroad and become a NRI? If yes, what type of account needs to be opened by a NRI?

    Reply
    1. Yogesh

      No its not necessary to close yr existing savings a/c- you have to apply to your branch to convert it into NRO a/c. The a/c no remains same.

      Reply
  5. Anil

    Contradictory information
    Gift tax has been abolished for all types of gifts from the 1st October 1998
    However, gifts received on the occasion of marriage or from relative or under will or inheritance would not be subject to tax

    What it means? First statement implies no gift tax
    second statement implies no gift tax under certain circumstances
    Seems like article is extremly poorly done

    Reply
    1. admin

      Hi Anil,

      Thanks for noting the gap in the info. Here is the explanation that has been updated in the article.

      In 1997, gift tax was abolished. So both the donor as well as the recipient did not have to pay any tax on the gifts received. Consequently people started misusing the vacuum left behind by scrapping of gift tax. There was a widespread transfer of insincere gifts from the non-relatives. In order to fill up this void, Section 56 (2)(v) of Income Tax Act was passed in 2004.

      As per Section 56 (2)(v) of the Income Tax Act , any amount exceeding Rs 25,000 obtained by a person or a Hindu Undivided Family (HUF) without any consideration from non-relative would be taxed. The only cases exempted were the gifts given during marriage, inheritance left behind in a will or if the payer has died.

      Cheers

      Reply
  6. Confused NRI

    First the article says

    “Gift tax has been abolished for all types of gifts from the 1st October 1998”

    Than in the next line it goes on to specify the conditions

    “However, gifts received on the occasion of marriage or from relative or under will or inheritance would not be subject to tax”

    So is gift tax really abolished FOR ALL TYPES OF GIFTS or ONLY for those
    conditions as mentioned, i.e. from marriage occasion,relative,under will or inheritance.

    Appreciate some clarification…..

    Tks.

    Reply
  7. Confused NRI

    First the article says

    “Gift tax has been abolished for all types of gifts from the 1st October 1998”

    Than in the next line it goes on to specify the conditions

    “However, gifts received on the occasion of marriage or from relative or under will or inheritance would not be subject to tax”

    So is gift tax really abolished FOR ALL TYPES OF GIFTS or ONLY for those
    conditions as mentioned, i.e. from marriage occasion,relative,under will or inheritance.

    Appreciate some clarification…..

    Tks.

    Reply
  8. Confused NRI

    First the article says

    "Gift tax has been abolished for all types of gifts from the 1st October 1998"

    Than in the next line it goes on to specify the conditions

    "However, gifts received on the occasion of marriage or from relative or under will or inheritance would not be subject to tax"

    So is gift tax really abolished FOR ALL TYPES OF GIFTS or ONLY for those
    conditions as mentioned, i.e. from marriage occasion,relative,under will or inheritance.

    Appreciate some clarification…..

    Tks.

    Reply
    1. admin

      Dear Confused NRI,

      The explanation should give you some clarity and thanks for bring to attention the info gap.

      In 1997, gift tax was abolished. So both the donor as well as the recipient did not have to pay any tax on the gifts received. Consequently people started misusing the vacuum left behind by scrapping of gift tax. There was a widespread transfer of insincere gifts from the non-relatives. In order to fill up this void, Section 56 (2)(v) of Income Tax Act was passed in 2004.

      As per Section 56 (2)(v) of the Income Tax Act , any amount exceeding Rs 25,000 obtained by a person or a Hindu Undivided Family (HUF) without any consideration from non-relative would be taxed. The only cases exempted were the gifts given during marriage, inheritance left behind in a will or if the payer has died.

      Cheers

      Reply
  9. Ibmfreak

    Hello there,
    I am a NRI and planning to buy a resale property in India. However I want to buy a property which is presently being owned by my mum. How do I go about getting a NRI loan on that. I have been doing my research and found out that if my mum gives a power of attorney to a third party I can buy the property from him and also avail a housing Loan. How far is that point true? Please help.

    Reply

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