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FAQ's on FEMA
FAQ's for Indian Tax Laws for NRI Business
What are the tax benefits available to the NRIs on life insurance?
Whether the tax benefits depend upon the residential status of the person?
Are the deductions available against the income received in India and also income earned abroad?
What are the various deductions and Exemptions available?

A non-resident Indian means a person resident outside India who is an Indian citizen on a person of India origin.

A person is considered to be of Indian origin, if heat any time held an Indian Passport or hereafter of his parents or any of grandparents was a citizen of India by virtue of the Constitution of India or Citizenship Act, 1955 or the person is spouse of an Indian Citizen or person referred above.

As per section 2(v) of FEMA, Person resident in India means a person residing in India for more than 182 days during the course of preceding financial year.

It does not include a person who has gone out of India or who stays outside India for employment outside India or carrying on business or vocation outside India or for any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period.

A person who has come to or stays in India will be considered as Resident of India only if

-   He has come for taking employment in India or
-   For carrying on business or vocation in India or
-   For any other purposes, in such circumstances as would indicate his intention to stay in India for any uncertain period.

  

NRIs can open the following types of accounts with banks in India, which hold authorized dealer licensees, as also other banks, specifically authorized by the Reserve Bank to maintain accounts in the names of NRIs.

Rupee Accounts

-   Non-resident (Ordinary) Account – NRO A/c
-   Non-resident (External) Rupee Account-NRE A/c

Foreign Currency Account

-  Non-resident (Foreign Currency) Account – FCNR A/c (in Pounds Sterling, US Dollars, Japanese Yen and Euro)
-   A Person, resident in India, who is earning foreign exchange, is also permitted to maintain a Foreign Currency account in India with an authorized dealer bank, to the extent of 50% of such foreign exchange earnings, under the Exchange Earners Foreign Currency Account (EEFC) Scheme.
-   A Person resident in India is also permitted to maintain Resident Foreign Currency (Domestic) Account in India with an authorized dealer, out of foreign exchange acquired in the form of currency notes, and travelers cheques:

1.
While on a visit to any place outside India by way of payment for services not arising from any business in our anything done in India; or
2.
From any person not resident in India and who is on visit to India, an honorarium or gift or for services rendered or in settlement of any lawful obligation; or
3.
By way of honorarium or gift while on a visit to any place outside India; or
4.
Represents the unspent amount of foreign exchange acquired by him from an authorized person for travel abroad.
Resident Foreign Currency (Domestic) Account may also be credited with / opened out of, foreign exchange earned and / or gifts received from close relatives (as defined in the Companies Act) and repatriated to India through normal banking channels by resident individuals.

  

Non-Resident (External) Rupee (NRE) account can be opened by any NRI with authorized dealers and with banks authorized by the Reserve Bank to maintain such account. For opening these accounts, the funds are required to be remitted to India through any bank from the country of residence of the prospective account holder. The accounts may be maintained in any form e.g. savings, current, recurring or fixed deposit account etc. Income from interest on balance s standing to the credit of NRE Accounts is exempt from Income Tax.

Any person resident outside India may open NRO account with an authorized dealer. The operations on the accounts should not result in the account holder making available foreign exchange to any person resident in India against reimbursement in rupees or in any other manner. NRO accounts may be opened/ maintained in the form of current, savings, and recurring or fixed deposit accounts. The requirements laid down in the directives issued by Reserve Bank in regard to resident account shall apply to NRO accounts. Interest earned on NRO account is freely repatriable. Withdrawals from these accounts can be freely made for local disbursements as well as for investments in units of UTI, Government Securities and National Plan / Savings Certificates.

Acceptance of deposits under the FCNR scheme has been discontinued w.e.f. 15/08/94. Deposits already accepted are however, allowed to continue till their maturity and thereafter no renewals would be permitted. Foreign Currency (Non-Resident) Accounts (Banks) (FCNR (B)) Scheme NRIs are eligible to open and maintain these accounts with an authorised dealer. These accounts may be opened with funds remitted from outside India through normal banking channels. Deposit of funds in the accounts may be accepted in Pound Sterling, US Dollar, Japanese Yen, Euro and such other currencies as may be designated by Reserve Bank from time to time. The account can be opened as term deposit only with for minimum period for 1year and maximum period of 3 years.

  

You can invest in either repatriable schemes or non-repatriable schemes. Largely the investments can be made financial instruments like shares, securities, debentures units, and mutual funds and also in immovable property in India subject to the provisions applicable to each individual investment.

  

RBI came out with a revised regulation and as per this regulation the policy can be issued to NRI and the NRI can pay the policy either from his NRE account or NRO account. However he is eligible to get the sum assured only in Indian Rupees.

Some of the features of Life Insurance Memorandum (LIM) issued by the Reserve Bank of India (RBI) is as below;

1. Settlement of claims in foreign currency favouring residents and crediting the same to RFC Accounts.
In the LIM issued under FERA, residents were not permitted to retain any receipts in foreign currency, as the same had to be surrendered to the authorized dealer within 7 days. Under FEMA resident beneficiaries of foreign currency life insurance policies are being permitted to retain the proceeds in foreign currency in RFC Accounts.
2. Permitting credit of foreign currency claims favouring non residents to NRE/ FCNR Accounts
In the revised LIM the proceeds of policies denominated in foreign currency or the rupee policies for which premia are paid in foreign currency or out of NRE/ FCNR Accounts are now permitted to be credited to NRE/ FCNR account of the non resident without prior approval of Reserve Bank.
3. Restrictions on issue of rupee policies to foreign nationals
The restrictions on issue of rupee policies maturity within 7 Years to foreign nationals not permanently resident in India have been withdrawn
4. Export Of Policies
The restrictions in regard to export of policies have been withdrawn under revised LIM.
5. Instructions addressing Exchange Control concerns The revised LIM is modified in such a manner whereby only issues of exchange control concern are addressed. Other operational instructions not relating to exchange control have been excluded.

  

RBI came out with a Notification No. FEMA. 91/2003-RB dated June 5, 2003 and allows the holding of insurance policy issued by insurer located outside India subject to following conditions;

Permission to take or hold a life insurance policy issued by an insurer outside India
A person resident in India may take or continue to hold a life insurance policy issued by an insurer outside India, provided that, the policy is held, under a specific or general permission of the Reserve Bank Of India.
A person resident in India may continue to hold any life insurance policy issued y an insurer outside India when such person was resident outside India.

Provided further that where the premium due on a life insurance policy has been paid by making remittance from India, the policy holder shall repatriate to India through normal Banking channels, the maturity proceeds or amount of any claim due on the policy, within a period of seven days from the receipt thereof.

  

A rupee policy is one, which stipulates that the amounts payable and receivable will be paid or received in Indian Rupees only; a foreign currency policy is one, which is designated, in a foreign currency.

  

Yes, if the policy owner is e.g. an NRI it is for the policy owner to issue necessary instructions to his banker

  

Yes, the LIM issued by RBI on 17-01-2003, states that the basic rule for the settlement of claims on rupee policies in favour of claimants resident in India is that payments in foreign currency will be permitted only in proportion in which the amount of premium is paid in foreign currency to the total premium payable.

  

Resident beneficiary  

Non-resident beneficiary
Foreign Nationals
Subject to the basic rule above
i.

Where any part of the claim is payable in foreign currency, in favour of a Resident Beneficiary the same may be credited to their RFC accounts, if they so desire.

ii.
If no part of the claim is payable in foreign currency, the normal procedure for payment in Indian Rupees to Residents will be followed i.e. by drawing a crossed cheque drawn on a bank in India in favour of the payee and payable in Rupees only.
iii.

In case of a non-resident beneficiary where any part of the claim is permissible in foreign currency, it may be credited to their NRE/FCNR account.

iv.
If no part of the claim is payable in foreign currency, but the entire claim is payable in Indian Rupees only, in favour of Non-Resident beneficiary, it can be paid only by crediting their NRO accounts.
v.

Claims payable to foreign nationals, (under Rupee policies) may be paid by drawing a crossed cheque drawn on a bank in India in favour of the foreign Of the foreign national, payable in Indian Rupees only. Where the foreign national is permanently resident outside India at the time of payment, the claim amount may be credited to the to his Nro account.

Balances in the NRO account are not eligible for the remittance outside India without the permission of the RBI. The RBI may allow the repatriation facility to a foreign national (other than a citizen of Nepal or Bhutan or who is a person if Indian Origin) who: -

 

•  Has retired from the Employment in India or

•  Has inherited the assets from the person who was a resident of India, or

•  A widow resident outside India and has inherited the assets of her deceased husband who was an Indian citizen and who was a resident in India, or

•  NRI/PIO who acquired the assets in question, out of rupee resources, whom he was India or by way of legacy/ inheritances from a person who was resident in India. The assets include among others amount of claim under an insurance policy.

  

It is better to prefer to despatch the policy to an Indian address as I n case of a complaint of the non receipt of the document, by the addressee where it has been dispatches to the overseas address, there is no means of the verification of the correctness of the complaint where the document is send by the registered post, foreign post offices normally do not confirm the delivery of the article to the addressee.

  

 

Life insurance is one of the most popular savings/investment vehicles in India. An insurance policy offers much more than just tax planning and investment returns. It offers you the ability to plan for unforeseen events that could affect your family’s financial problem adversely.

Under the Income Tax Act, 1961, the following tax benefits are available for the life insurance.

The benefits under the Income tax are of two types:

1.  Deductions
2.  Exemptions

  

The benefits mentioned above are irrespective of the residential status of the person.

  

The deductions are available only against the income earned in India and taxable in India.

  

Deductions is available only from gross income received in India

Section 80CCC

Deduction in respect to the contribution to the pension funds
Maximum deduction Rs.10000
Flexi secure life retirement Plan from Birla Sun Life Insurance provides all the benefits. One can also withdraw money as and when needed.
Surrender/ Withdrawal will be subjected to Tax
Pension received will be taxable.
   
Section 80D
Deduction in respect of medical insurance premium
Individual or HUF, whether resident or non- resident
Maximum Rs.1000, an additional Rs.5000 for senior citizen
The BSLI critical illness Plus rider covering an array of illness gives dual benefit of tax saving along with CI cover when it is needed the most.
   
Section 80C
 

Deduction is available amounting to Rs.100000.

The benefit for life insurance premium u/s 80c is restricted to 20% of the actual capital sum assures. Surrender of plans before two two years will result in reversal of tax benefit. Capital sum assured is the sum which is assured on the death of the policy holder.

   
Section 80CCE
 

The total deduction under section 80C and 80CCC is however restricted to Rs 100000 in the financial year

Exemption for the life Insurance Proceeds

Commuted value of pension 10(10A)(iii)

One third of the value at vesting Date would be Tax Free

   

Other Life insurance Products

Section 10(10D)

Any sum Received or sum received on surrender of the policy from a pension policy will be taxable.
Any sum from a policy other than a pension policy will be exempt u/s 10(10D) provided the premium payable throughout the tem of the policy is within 20%.

  

 
 
 
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Andheri (East), Mumbai 400059