Different Types of Bank Accounts Applicable to NRIs
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While having a significant place on the global stage, the NRIs, intrepid individuals defying borders, maintain a resolute connection with their Indian roots. They navigate through the complexities of banking, taxation, investments, and lifestyle changes to nurture their desires.
So, here is a basic and comprehensive guide to the NRI definition, NRI meaning, and a few other aspects related to their residential status.
The NRI full form is Non-Resident Indian. It is a classification of Indian citizens based on their residential status. It is an essential classification for it governs the tax liability for their income.
NRIs reside outside India for an extended period for employment, business, profession, or any other purpose. It is also applicable to Indian seafarers working as crew members on a ship and students who study abroad in foreign universities. The NRI status is provided to the individuals based on the number of days they reside outside India in the concerned financial year, regardless of their Indian citizenship.
Having discussed the NRI full form, let us get started to understand the NRI definition and meaning.
The NRI definition can be stated based on Income Tax Act 1961 and the Foreign Exchange Management Act (FEMA). The first is primarily for deciding the income tax implications, and the latter is for investments, bank accounts, and financial transactions.
According to Income Tax Act 1961
According to Section 6 of the Income Tax Act, 1961, an individual will be referred to as a Resident Indian if they stay in India for a duration of:
182 days or more in the previous year or
60 days or more in the previous year and 365 days or more in the 4 years immediately preceding the considered previous year.
If the individual does not satisfy the conditions listed above for the previous year, they will be referred to as a Non-Resident Indian. For an Indian citizen, a crew member of a ship, and a Person of Indian Origin (PIO) visiting India, the duration of 60 days, as mentioned above, will be substituted as 182 days.
According to Foreign Exchange Management Act (FEMA)
According to Foreign Exchange Management Act (FEMA), the NRI definition is an individual who is an Indian citizen or Persons of Indian Origin (PIO) residing abroad for the purpose of employment, business, or any other purpose for an uncertain period of time. In addition, according to FEMA, as against 182 days as per the Income Tax Act, the consideration is 183 days.
Citizenship
NRIs should be a citizen of India under the Indian Citizenship Act of 1955 based on Citizenship by Birth, Citizenship by Descent, or Citizenship by Registration.
Overseas Citizens of India (OCI) - An Overseas Citizen of India (OCI) is a foreign citizen of Indian origin. They are authorized to live or work in India for an indefinite period.
Persons Of Indian Origin (PIO) - Persons of Indian Origin (PIO) are individuals who either have Indian citizenship or have ancestral ties to India. PIOs include individuals residing in foreign countries with Indian citizenship and who have an Indian parent or Indian grandparents.
Here are a few special considerations that relate to the NRI meaning.
Resident But Not-Ordinary Residents
In addition, according to an amendment introduced in the Finance Act 2020, with effect from the Assessment Year 2021-22, an Indian citizen and Person of Indian Origin who visit India shall be considered a Resident, but Not-Ordinary Resident based on the following conditions:
The total income, other than the income from sources abroad, is more than ₹15 lakhs for the previous year.
The individual has stayed in India for 120 days or more but less than 182 days in the previous year.
The individual has stayed in India for 365 days or more in the 4 years immediately preceding the considered previous year.
Deemed Residency Status
The Finance Act 2020 introduced a new Section 6(1A) applicable from the Assessment Year 2021-22.
According to this new Section, an Indian citizen earning more than ₹15 lakhs from Indian sources for the previous year shall be deemed to be a Resident Indian if they are not liable for paying income tax in any other country.
NRIs can purchase life insurance plans in India to protect their families. The life cover will provide the benefit irrespective of their death anywhere in the world. While In India: Life insurance policy can be purchased in India easily through quick, digital process. When outside India: NRI can purchase the life insurance policy online from their current place of residence subject to our Board approved underwriting policy.
Financial security
Issuance in foreign currency or Indian rupees
Add-on riders
Affordable premium
Flexibility
Availability of different options
Can be purchased from anywhere
Online process
At Tata AIA, we offer wide-ranging life insurance plans for NRIs & OCI/PIO to secure their family, accomplish their future financial objectives, and plan for retirement. They can customize the life insurance plan based on their flow of income and financial needs.
Term Insurance Plan: A term insurance plan is a protection plan, that gives you financial protection against uncertainties of life. In case of unfortunate death of the life assured, the nominee will receive a lumpsum amount to secure their future. Get a free quote and take a step towards protecting your loved ones.
Guaranteed Return Plans (Savings Plans): A savings plan will provide your guaranteed* returns on your investment. You can fulfil your life goals by creating a corpus ensuring peace of mind and secure a financially stable future.
Wealth Creation Plans (ULIPs): With Tata AIA Life Insurance plans, your humble investments today can grow considerably larger with time. This allows you to create a corpus for your family to rely on in the future.
IN THIS POLICY, THE INVESTMENT RISK IN INVESTMENT PORTFOLIO IS BORNE BY THE POLICYHOLDER
Retirement plans: Provides the advantage of disciplined saving and investing, ensuring a sufficient corpus to maintain a comfortable lifestyle after retirement.
Indian citizens who stay abroad for employment, education, business, profession, vacation, or other purposes.
Indian civilians working abroad in institutions such as the World Bank, World Health Organization (WHO), United Nations Organizations (UNO), International Monetary Fund (IMF), etc.
Representatives from the Central and State Governments living abroad.
Public Sector employees working abroad.
Individuals in India desiring varied job opportunities, higher salaries, and better job prospects tend to seek foreign destinations.
Students prefer foreign universities for better exposure and access to some of the renowned universities worldwide.
Some individuals desire to experience a different lifestyle and improved quality of life living abroad and relocate for longer.
As emerging markets worldwide offer a range of opportunities for growth, business prospects are one common reason for becoming an NRI.
NRI classification based on the NRI definition is necessary for the following reasons:
Tax liability
The classification of the NRI status is important for determining the tax liability and the applicable tax deductions and exemptions.
Financial transparency
Distinguishing NRIs will help monitor remittances, investments, and financial transactions. It will ensure transparency and compliance with the regulations.
Double taxation avoidance
Considering scenarios where an individual becomes liable for paying income tax in India and their country of residence, the Double Taxation Avoidance Agreement (DTAA) was signed to provide the tax exemption or the tax credit benefit. The NRI classification is important to help individuals access these applicable benefits.
Life insurance contracts
The life insurance claim settlements will have specific considerations in the process for NRIs and for their families in India Therefore, the NRI classification will help in processing their requests and making the claim settlements timely.
Voting rights
Although by preference or compulsion, if an individual resides outside India, they will hold Indian citizenship and might want to participate in the Indian elections. The classification of NRI helps in exercising their voting rights by registering as overseas voters and following the applicable processes.
Consular support
The classification of NRIs will help streamline and prioritize consular support for services such as passport renewal, visa application processes, etc.
Education opportunities
The Indian education system provides specific reservations for NRIs and their children.
After acquiring the NRI status based on the NRI definition, they must keep in mind the following guidelines.
NRIs should ensure to convert their regular savings account to NRO accounts.
NRIs are not allowed to open a regular savings account in India. However, they can hold it jointly with a resident and operate it through the resident power of attorney in the country of their residence. Therefore, NRIs must assign power of attorney to the country of their residence to operate their accounts.
Financial institutions such as banks, stockbrokers, etc., and life insurance companies must get the KYC for every customer. Therefore, if individuals obtain the status of an NRI, they have to furnish their updated KYC to the corresponding financial institutions.
NRIs need to convert their fixed deposits into NRO deposits.
NRIs will have to convert their debit cards and credit cards to the applicable international cards to make payments and fund transfers from one country to another.
Advantages |
Disadvantages |
NRIs generally prefer moving to developed nations and hence are safer to reside with a better lifestyle. |
NRIs cannot avail of the benefits applicable to Resident Indians. |
Income tax liability is based on the income earned and accrued in India for an NRI, and the income earned outside India is not taxable. |
Income from salary for the services rendered in India and other income earned in India is taxable. |
NRIs can avail of tax exemptions on the sale of house property present in India. In addition, they can avail of tax deductions under Section 80C, Section 80E, and Section 80D, etc., subject to the provisions stated in the Income Tax Act 1961. |
The NRIs are not allowed to purchase agricultural land in India. In addition, NRIs cannot open a PPF account and, however, can continue to invest if it was opened when they were resident Indians. Furthermore, they cannot invest in the 5-year Post Office Deposit Scheme, National Savings Scheme, and the Senior Citizen Savings Scheme. |
NRIs are allowed to purchase life insurance plans and health insurance plans in India. They can also invest in ELSS, bonds, and financial securities, etc. |
TDS is applicable to rental income, long-term capital gains, etc. |
NRIs can vote in Indian elections. |
NRIs will generally have Indian citizenship, and acquiring the citizenship of their country of residence, if applicable, is a complicated and lengthy process. |
NRIs have extensive options for opening overseas accounts. They can open NRE, NRO, and FCNR accounts in India. In addition, interest earned on the NRE and FCNR accounts is tax-exempt. |
Interest earned on the NRO account is taxable. |
The Indian Government has established an education system that provides special reservations for NRIs and their children. |
The income tax rate applicable in the country of their residence might be higher than in India. |
NRIs can invest in varied platforms in India for capital appreciation.
Equity
NRIs can directly invest in the Indian stock market. They can purchase shares of public or private sector companies in India, securities of the Central Government, etc.
Unit Linked Insurance Plan
NRIs can purchase the ULIP plan to secure their family with a life cover and for capital appreciation based on investment in financial securities for market-linked maturity returns.
Mutual Funds
NRIs can invest in mutual funds if they adhere to the rules and regulations stated in FEMA.
Fixed Deposits
NRIs can open NRE Fixed Deposit to deposit their foreign income converted to Indian rupees, NRO Fixed Deposit to deposit income earned in India, and the FCNR Fixed Deposit to deposit funds in foreign currencies.
National Pension Scheme
NRIs can invest in the National Pension Scheme, a retirement savings scheme introduced by The Government of India.
Bonds and Non-Convertible Debentures
NRIs can invest in Public Sector Bonds, Perpetual Bonds, Non-Convertible Debentures, and Government Bonds.
Public Provident Fund
NRIs cannot open a PPF account in India. However, they can continue to operate their PPF account that they had opened when they were resident Indians.
What is the NRI full form?
The NRI full form is Non-Resident Indian.
Who is referred to as an NRI in India?
According to Section 6 of the Income Tax Act, 1961, an individual will be referred to as a Resident in India if they stay in India for a duration of:
182 days or more in the previous year, or
60 days or more in the previous year and 365 days or more in the 4 years immediately preceding the considered previous year.
If the individual does not satisfy the conditions listed above for the previous year, they will be referred to as a Non-Resident Indian.
Is an NRI also an Indian citizen?
Non-Resident Indians, although they reside outside India, they have Indian citizenship. Therefore, they are also Indian citizens.
How are NRIs different from resident Indians?
According to Section 6 of the Income Tax Act, 1961, an individual will be referred to as a Resident Indian if they stay in India for a duration of:
182 days or more in the previous year, or
60 days or more in the previous year and 365 days or more in the 4 years immediately preceding the considered previous year.
If the individual does not satisfy the conditions listed above for the previous year, they will be referred to as a Non-Resident Indian.
Furthermore, for NRIs, the banking and investment options will be restricted as compared to resident Indians. For example, the NRI cannot open a resident bank account in India, they can invest in residential or commercial properties but not purchase agricultural land in India.
Can NRIs have dual citizenship?
NRI’s are Indian citizens but OCI/PIO are foreign nationals with Indian origin they can participate in any activity in India like a resident Indian however they cannot cast vote of buy Agricultural lands, The Government of India does not allow for holding Indian citizenship and also acquiring citizenship of a foreign country simultaneously.
Can an NRI & OCI/PIO open a resident bank account in India?
NRIs & OCI/PIO are not allowed to open a resident bank account in India. Resident Indians, when they acquire the status of an NRI, they have to convert their savings to the Non-Resident Ordinary (NRO) or Non-Resident External (NRE), as suitable and applicable.
Do NRIs have to pay income tax in India?
NRIs are liable to pay income tax in India based on the type of their earnings. Also, the income will be taxed based on their residential status for the financial year.
If the individual is an NRI, the income earned or accrued in India will be taxable, and the income earned outside India will not be taxable in India.
Income that is earned or accrued can be from the following categories:
Salary from India and for services rendered in India.
Business or profession set up or controlled in India.
House property in India
Interest income earned on NRO accounts.
Capital gains based on the transfer of assets in India.
Which is a beneficial bank account for the NRIs & OCI/PIO?
NRIs & OCI/PIO can open NRE, NRO, or FCNR bank accounts in India. The beneficial account among these is based on the requirements.
NRIs& OCI/PIO can open a Non-Resident External (NRE) account in India to deposit their income earned outside India. The fund deposited and the interest earned are fully repatriable, and the interest earned is tax-exempt. It is suitable for NRIs planning to invest their foreign earnings to handle their financial liabilities in India.
NRIs & OCI/PIO can open a Non-Resident Ordinary (NRO) account in India to deposit the income earned in India. The funds deposited to the NRO account are fully repatriable to their country of residence based on the applicable limits. However, the interest earned is taxable at the rate of 30%.
NRIs & OCI/PIO can open the Foreign Currency Non-Resident (FCNR) account in India to deposit their earnings made in a foreign currency. The funds deposited and the interest earned in the FCNR account are fully repatriable, and the interest earned is tax-exempt.
Are Indian students studying abroad called NRIs?
Indian students studying abroad are called NRIs as they reside outside India for an extended period of time.
Although their stay abroad is limited based on a student visa, their residential status changes in India to NRI if they stay in India for 182 days or less in the previous year, or 60 days or less in the previous year and 365 days or less in the 4 years immediately preceding the considered previous year.
What are the benefits of being an NRI?
The benefits of being an NRI are:
The income earned outside India for an NRI is not taxable.
NRIs can avail of tax deductions under Section 80C, Section 80E, and Section 80D, etc., subject to the Income Tax Act 1961 provisions. In addition, they can avail of tax exemptions on the sale of house property present in India.
NRIs can invest in equity, mutual funds, National Pension Scheme, financial securities, bonds, etc. Furthermore, they can purchase life insurance plans and health insurance plans in India.
NRIs can vote in Indian elections.
NRIs can open Non-Resident External (NRE), Non-Resident Ordinary (NRO), and Foreign Currency Non-Resident (FCNR) accounts in India. The interest earned on the NRE and FCNR accounts is tax-exempt.
The Indian Government has established an education system that provides special reservations for NRIs and their children.
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