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A. Overseas Assets |
| Are
Returning Indians permitted to retain their assets abroad even after return
to India? |
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Effective 17th July 1992, the Central Government has
granted exemption from the surrender requirement to persons who return to
India after a continuous stay abroad of one year and above in respect of
funds/assets acquired by them abroad otherwise than in contravention of
FERA 1973 or out of foreign exchange earned through employment, business
or vocation outside India taken up or commenced while they were resident
outside India. Persons satisfying the conditions of general exemption can
retain their foreign currency accounts with banks abroad and/or hold,
transfer or dispose of their other foreign currency assets such as shares,
securities or investments in business, etc. and immovable
properties. |
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| Are
they required to obtain any permission from Reserve Bank for holding these
assets? |
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No. |
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| Do
they enjoy any freedom in regard to utilisation of these overseas assets? |
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Yes. They would enjoy complete freedom for utilisation of
these assets as well as income earned or sale proceeds received
subsequently. |
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| Can
they bring back the funds to India and hold them with separate account? |
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Yes. They can repatriate these funds to India and hold
them separately with authorised dealers under the Resident Foreign
Currency Accounts Scheme (See Part B
below). |
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B. Resident Foreign Currency (RFC) Accounts
Scheme |
What
is the Resident Foreign Currency (RFC) Account Scheme? |
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This is a Scheme approved by Reserve Bank permitting
persons of Indian nationality or origin, who have returned to India on or
after 18th April 1992 for permanent settlement (Returning Indians), after
being resident outside India for a continuous period of not less than one
year to open foreign currency accounts with banks in India for holding
funds brought by them to India. Persons who have returned to India before
18th April 1992 can also open RFC account if (a) they are holding foreign
currency assets abroad with Reserve Bank's permission or (b) are in
receipt of pension or other monetary benefits from their erstwhile
employers abroad. |
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| Is
any permission from Reserve Bank required for opening such accounts with
authorised dealers? |
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No. |
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| In
which currencies can RFC accounts be maintained? |
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RFC accounts can be maintained in any convertible
currency. |
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| What
funds can be credited to RFC accounts of Returning Indians? |
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The entire amount of foreign exchange brought to India at
the time of their return to India for permanent settlement as well as the
balances standing to the credit of their NRE and FCNR accounts at the time
of return can be credited to RFC accounts. However, the foreign exchange
brought to India in the form of foreign currency notes/bank
notes/travellers cheques should have been declared to Customs at the time
of arrival on the Currency Declaration Form (CDF) if it exceeded U.S. $
10,000 or its equivalent. In the case of foreign currency/bank notes, such
a declaration on form CDF is compulsory if the amount exceeds U.S. $ 5,000
or its equivalent. |
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| Can
income received from their overseas assets in the form of dividends etc.,
or sale proceeds of such assets be credited to RFC accounts? |
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Yes. The entire income from such assets or sale proceeds
of such assets repatriated to India can be credited to RFC
accounts. |
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| Can
pension received by the account holder from abroad be credited to his RFC
account? |
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Yes. The entire amount of pension received from abroad
can be credited to his RFC account. |
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| NRIs
returning to India for permanent settlement were granted RIFEE facility.
Is this facility still available? |
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No. RIFEE facility has been replaced by the RFC accounts
facility. |
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| Can
funds in RFC accounts be remitted abroad? |
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Yes. Funds in RFC accounts can be remitted abroad for any
bona fide purpose of the account holder or his dependents including
exchange required for travel and other personal purposes and
investments. |
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| Can
funds in RFC accounts be utilised for local payments? |
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Yes. Funds in RFC accounts can be withdrawn freely for
local payments. |
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| Can
a Returning Indian desiring to go abroad again for employment, business
or vocation transfer his funds in RFC account to NRE/FCNR account? |
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Yes. |
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| Can
persons who have returned to India after a short assignment of less than
one year open RFC accounts? |
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Their applications for opening such accounts would be
considered by Reserve Bank. Persons who have gone abroad for studies,
training, etc. are, however, not eligible for this
facility. |
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C. Import of gold/silver by NRIs
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| Can
NRIs bring gold into India? |
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Yes. NRIs can bring into India gold upto 10,000 grams as
part of their baggage once in six months provided they have stayed abroad
for a continuous period of six months. |
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| In
what form can the gold be brought into India? |
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The gold may be brought into India in any form, including
ornaments (other than ornaments studded with stones and
pearls). |
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Are NRIs required to pay customs duty
on the gold brought by them into India?
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Yes. They are required to pay customs duty in any
convertible foreign currency at a rate equivalent to Rs.400/- per 10 grams
of gold. |
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| How
often can a NRI bring gold into India? |
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A NRI can bring gold into India once in six
months. |
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| Is
it necessary that the NRI should have stayed abroad at least for a minimum
period of six months prior to his return to India for being eligible to
bring gold? |
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Yes. |
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| Can
NRIs bring silver into India? |
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Yes. NRIs can bring to India silver upto 100 kilograms as
part of their personal baggage. |
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| What
is the rate of duty payable on such import? |
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The rate of duty on import of silver is Rs. 500 per
kilogram which is payable in foreign
currency. |
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| Can
they bring both gold and silver? |
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Yes. |
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| Can
NRIs sell gold/silver imported by them to residents? |
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Yes. Gold/silver so brought by NRIs can be sold to
residents against payment in rupees. Reserve Bank has granted general
permission to persons resident in India to make payment to NRIs in Indian
rupees by means of a crossed cheque in India and that such rupees are
credited to Ordinary Non-resident Rupee (NRO) account of the NRI
seller. |
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(Note:-Import of gold and silver into India is regulated under
the Export Import Policy of the Government of India in
force) |
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