
Frequently Asked
Questions
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Who is a Non-Resident Indian (NRI)?
An Indian Citizen who lives in India for less than one hundred & eighty-two days during the preceding financial year, or who has gone out of the country or who stays outside the country for the purpose of employment is called a Non-Resident Indian (NRI).
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Who is a PIO?
A Person of Indian Origin, or PIO, is a foreign citizen (except a national of Pakistan, Bhutan, Afghanistan, Sri Lanka, Bangladesh, China, Iran and Nepal) who at a certain point of time held an Indian passport
Or
who was or either of their parents/ grandparents/ great grandparents were born and has been a permanent resident of this country as defined in Government of India Act, 1935, and other territories that later became part of India, given that neither was a citizen of any of the countries mentioned above at any point of time
Or
Who is a spouse of an Indian citizen or a PIO. -
What is OCI?
It is an immigration status which allows a foreign citizen of Indian origin to live and work in the Republic of India indefinitely. This immigration status is known as the Overseas Citizenship of India (OCI).
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Can an NRI buy property in India?
Yes. An NRI can buy, either a residential or commercial property in the country. Moreover, there is no set limit on the number of residential or commercial properties that they can own in India.
Exception: However, an NRI cannot buy plantation land, agriculture land or a farmhouse in India. He/she cannot even acquire such property as a gift, but there is no bar on inheriting it.
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Can NRIs acquire loans for buying a flat/house from financial institutions providing housing finance for residential purpose?
The Reserve Bank of India (RBI) has generally permitted to give housing loans to NRIs to select financial institutions that deal in housing finance. These loans can be processed for the acquisition of houses/flats for self-occupation, subject to certain conditions.
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Are there any restrictions on the number of properties that NRIs can buy in India?
No. There isn't any restriction on the no. of residential or commercial properties an NRI can own in India.
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While buying real estate, most developers demand a Power of Attorney in their favour. Can this be avoided?
One holds the choice to not grant the Power of Attorney (POA) to the real estate developers. However, this will mandate that all documents are mailed to your foreign residence and increase the associated time delays.
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How much loan can an NRI get?
An NRI can acquire a Home Loan of up to 85% of the Total Consideration Value.
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What is the tax treatment for income accrued from property renting or selling for NRI/PIO/OCI?
Income tax is not incurred on the mere acquisition of property. However, on any income generated from the ownership of it, like rent/ the annual value of the house, if it is not rent out and given it is not the sole residential property owned by that person in the country and/or short term/long term capital gains arising on selling the house or part thereof is taxable in the hands of the owner.
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Can an NRI give a POA to a person in India to complete the loan formalities on their behalf?
Yes. We, as your developer, very well understand that as an NRI you have a different set of needs concerning your real estate management and investment requirements and we also know that it needs a unique set of services to cater to your requirements. The good news is that the Government of India has allowed 100% repatriation for NRIs. RBI has granted general permission to select financial institutions providing housing finance, e.g. HDFC, LIC Housing Finance Ltd. etc. to give housing loans to non-resident Indian nationals for acquisition of houses/flats for self-occupation subject to certain conditions.
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Does the Capital Gains Tax (CGT) apply to NRI / PIO / OCI?
Yes. Long-term and short-term capital gains are taxable in the hands of non-residents.
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Who should file tax returns?
If you are an NRI / OCI / PIO, you would have to file your income tax returns if you are eligible for either these conditions:
Your taxable income in the country during the year was above the basic exemption limit of INR.1.6 lakh OR
You have obtained short-term or long-term capital gains from the sale of any investments or assets, even if the benefits are less than the basic exemption limit.
Note: The enhanced exemption limit for senior citizens and women is applicable only to Residents and not to Non-Residents. -
What is the easiest & best way to file tax returns?
Traditionally, one could file the tax return either by giving the POA to someone in India or by sending your documents along with form to a tax expert in India who would then file the return on your behalf. But nowadays, the most comfortable option for NRIs to file their Indian tax returns is by using the online platform. There are several options to file online.