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 Financial Schemes
 
For the purpose of mutual benefit of NRIs, PIOs and the Indian economy, the Government of India has initiated various schemes. Overseas Indians are open to various investment opportunities and can save taxes by the way of investments. Indian Government also provides scholarships for the children of Indian Diaspora and offers excellent education prospects for them. The Indian Government thus makes it clear that despite being away from their land, Indian Diaspora is an essential part of the progress of the country. Surf through this section to have a detailed study of the schemes offered by GOI to NRIs and PIOs.

Tab 5 (1) : Outline of financial schemes

Tab 5 (1a): Tax Benefits

The Government of India has introduced schemes for the benefit of tax saving for NRIs and PIOs by the way of investments. Following are the tax exemptions that NRIs and PIOs can enjoy.

Tax Exemptions from Income Tax

Income from the investments cited below is totally exempted from tax:

  • Deposits made under the following bank accounts:
    1. Non External Rupee Account (NRE) [Tax exemptions relating to NRE will cease immediately when the NRI/PIO becomes the resident of India.]
    2. Foreign Currency Non-resident Account (FCNR) [Interest on FCNR will continue to be tax free as long as the NRI continues to be Resident not an Ordinarily Resident.]
  • Units of Unit Trust of India (UTI), mutual funds, bonds, securities and saving certificates (as per the conditions mentioned under the Income-tax laws and regulations).
  • Dividends declared by Indian companies.
  • Long term capital gains from transfer of equity shares in a company and/or equity oriented schemes of Mutual funds that are subject to securities transaction tax.
Tax Exemptions from Wealth Tax

The Finance Act 1992 has considerably reduced wealth tax levied on NRIs and PIOs. w.e.f. 1st April, 1993, wealth tax is charged only on non-productive assets like urban land, buildings (except one house property), jewellery, bullion, vehicles, and cash over 50,000/- etc.
The current rate of wealth tax is 1% on the cumulative market value of taxable assets as on 31st March every year in excess of Rs.1.5 million.

Tax exemptions from Gift Tax

Gift Tax Act, 1958 has been repealed with effect from 1st October, 1998 and as such, Gift Tax is not chargeable on any gifts made on or after that date.
With regard to gifts of foreign exchange or specified assets made by NRls to their relatives in India, it should be noted that:

  • Gifts made by an NRI/PIO to his or her spouse, minor children or son's wife will involve clubbing of income and wealth in the hands of the donor-NRI/ PIO.
  • In the case of gifts to minor children the clubbing of income, as above, will cease upon such children attaining the age of 18 years.
  • All gifts received by residents from NRls/PlOs may be subject to the tax authorities requiring the recipient to provide evidence as regards the identity and financial capacity of the donor and genuineness of the gift.
  • The Income Tax Act has now provided that any sum of money exceeding Rs.25, 000 received without consideration (i.e., gift) by an individual from any person on or after 1st September, 2004, the whole of such sum will be chargeable to income-tax in the assessment of recipient (i.e., donee) under that head "Income from other sources" for and from assessment year 2005-06 and onwards.
  • Gifts on occasion other than marriage, for example, birthday, marriage anniversary and other social occasions, religious ceremonies etc., would be taxable as income. Gifts received on the occasion of the marriage of the individual, irrespective of any limit, (but within reasonable limits) would not constitute income.
  • Under the Foreign Exchange Management Act, 1999 no approval from Reserve Bank of India (RBI) is necessary for the resident donee to hold gifted immovable property outside India provided the said property is gifted by a person resident outside India. General permission, subject to certain conditions, is granted by RBI for the resident donees to hold foreign moveable properties such as shares and securities gifted by NRI/PIO donors.
Tab 5 (1b): Investment Opportunities and Incentives

The Government of India has laid down certain rules for investments by NRIs and PIOs in the loans, securities, shares etc. Let’s take the investment opportunities to open to NRIs and PIOs one by one.

Remittance Facilities

Remittance of capital assets in India by a person whether resident in or outside India requires the approval of the Reserve Bank of India. Other rules laid down by the Foreign Exchange Management Act, 1999 (FEMA) with regard to the remittance facilities for NRIs and PIOs are as follow:

  1. Remittance of assets by NRI and PIO:
    • NRI/PIO may remit up to 1,00,000 per year out of the balance in his Non Resident (ordinary) account or from the sale proceeds of assets.
    • NRI/PIO may remit sales proceeds of immovable property sold by him out of rupee funds provided that he owned the property for a period of not less than 10 years.
  2. Repatriation of sale proceeds of residential property purchased by NRIs /PIOs out of the foreign exchange:
    • NRIs/PIOs can repatriate sales proceeds of maximum two residential properties purchased by them.
    • NRIs/PIOs can remit funds of application/earnest money with interest on account of non-allotment provided that the original payment was made out of NRE (Non External Rupee) or FCNR (Foreign Currency Non-resident) account.
  3. Remittance of current income:
    • NRIs/PIOs are permitted to remit their current income like rent, dividend, pension, interest etc. provided that they do not maintain NRO (Non resident ordinary rupee) accounts. This can be done only after an authorised certification by a Charted Accountant certifying that the amount proposed to be remitted is eligible for remittance and that applicable taxes have been paid for.
    • NRIs/PIOs can credit the current income to their Non-Resident (External) Rupee account provided the authorised dealer is satisfied that the credit represents current income of the non-resident account holder and income tax thereon has been deducted/provided for.
  4. Remittance of Rent:
    NRIs/PIOs can freely rent out their immovable property in India without the prior permission of the RBI. If the house rented by the NRI/PIO is financed by the way of a housing loan, the entire rental income (even if it is more than the prescribed instalment) has to be adjusted towards the repayment of the loan. If the rental income is less than the prescribed instalment, the borrower should remit the outstanding loan amount from abroad or from his NRE, FCNR or NRO account in India.
  5. International Credit Cards:
    NRI and PIOs can apply for international credit cards without the prior permission of the RBI.
Tab 5 (1c): Immovable Property

Following are the regulations laid under FEMA (Foreign Exchange Management Act) in relation to the transactions of immovable property in India by NRIs and PIOs:

  • A foreign citizen who is a resident of India can purchase immovable property (IP) in India without any approval from the RBI.
  • Citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan (whether resident in India or not) are prohibited from acquiring or transferring any IP in India without prior approval of the RBI.
  • Investment in agricultural property, plantation and farmhouse is prohibited for all classes of persons resident outside India, be it NRIs/OCBs/ foreign citizens or other foreign entities.
Tab 5 (1d): Pravasi Bharatiya Bima Yojna

The Pravasi Bhartiya Bima Yojna, 2006 provides for an insurance cover of a minimum sum of Rs. 5.00 lakhs payable to the nominee/legal heir in the event of death or permanent disability of any Indian emigrant who goes abroad for employment purpose after obtaining emigration clearance from the concerned Protector of Emigrants (POE).

The insurance scheme began on 1st of February, 2006. This Scheme applies to all citizens of India who apply for and obtain an emigration clearance as required under the Emigration Act, 1983 (31 of 1983). This scheme does not apply in case of war or internal conflict in the country to which the citizens of India holding the said policy has gone for work. The Insurance Policy shall be valid for a minimum period of two years or the actual period of contract, whichever is longer.

List of Approved Companies for granting the Insurance Scheme

Sl. No.

Name of the Insurance Company

Date of approval

1

The ICICI Lombard General Insurance Co. Ltd.

02.02.2006

2

The United India Insurance Co. Ltd.

13.02.2006

3

The Oriental Insurance Co. Ltd.

13.02.2006

4

The New India Assurance Co. Ltd.

16.02.2006

5

The Reliance General Insurance Co. Ltd.

22.02.2006

6

The National Insurance Co. Ltd.

28.02.2006

7

The Cholamandalam MS General Insurance Co. Ltd.

13.06.2006

8

The Bajaj Allianz General Insurance Co. Ltd.

11.07.2006

Source : Ministry of Overseas Indian Affairs (valid as on 02.07.07)


Tab 5 (1e) : Bank Accounts

NRIs and PIOs can open bank accounts in India. Certain co-operative banks, commercial banks having authorised licenses by Reserve Bank of India are allowed to deal in foreign currency and open accounts in the names of NRIs and PIOs. Bank accounts can be maintained by NRIs and PIOs in rupees as well as in foreign currency. There are four types of rupee accounts for NRIs and PIOs :

  • Non resident (external) Rupee accounts (NRE accounts) : Balances held in NRE accounts can be repatriated abroad freely.
  • Ordinary Non-resident Rupee Account (NRO account) : Funds in NRO accounts can only be used for local payment in rupees not for remittance abroad.
  • Non-resident (Non-repatriable) Rupee Deposit accounts (NRNR accounts) : NRIs can open NRNR accounts from their existing NRE/FCNR deposit accounts through normal banking channel in freely convertible currency.
  • Non-Resident (Special) Rupee Accounts with banks in India : This account will have the same facilities and restrictions as are applicable to rupee accounts maintained in India by residents relating to repatriation of funds held in these accounts and/or income/interest earned on them.
Loans against fixed deposit accounts

NRIs and PIOs holding NRO and NRE accounts are eligible for loans/overdrafts against their fixed deposits. However, loans can not be taken for the purpose of re-lending, carrying on agricultural/plantation activities or for investments in real estate business. Funds from loans and overdrafts can be utilised by the NRIs and PIOs for investments in India on non-repatriation basis and for acquisition of immovable property in India.

Foreign Currency accounts

NRIs and PIOs can maintain FCNR accounts in India. These accounts are unlike savings and current accounts and can only be kept in the form of 'term deposits' i.e. a deposit kept for fixed periods ranging from 6 months to 3 years. Funds in such accounts can be repatriated abroad.

Tab 5 (1f): Facilitation Agencies

There are certain agencies in India that facilitate and regulate investments by NRIs, PIOs and OCBs. They are mentioned below along with their areas of activities :

List of Facilitation Agencies

Name

Function

Website

Reserve Bank of India (RBI)

Regulates investments by persons resident outside India

http://www.rbi.org.in

Securities and Exchange Board of India (SEBI)

Provides answers to queries on registration procedures, formalities and other investment related issues

http://www.sebi.gov.in

Authority for Advance Rulings (AAR)

Enables non-residents to obtain, in advance, a binding ruling on the issues that could arise in determining their Income Tax liabilities

http://www.aar.gov.in/

Secretariat for Industrial Assistance (SIA)

Provides a single window for entrepreneurial assistance, investor facilitation, receiving and processing all applications, which require Government approval, conveying Govt. decisions on applications filed, assisting entrepreneurs and investors in setting up projects, (including liaison with other organisations and State Govt.) and in monitoring implementation of projects.

http://www.dipp.nic.in

Indian Investment Centre

Advises overseas investors on setting up industrial projects in India by providing information regarding investment opportunities in India, the Government’s industrial policy licensing procedures, taxation laws and facilities and incentives available; helps them in finding partners in India; provides escort services to NRIs

http://www.iic.nic.in/


Tab 5 (1g): EXIM Policies

EXIM policies concerning Direct Investment Schemes for Non resident Indians (NRIs) and Overseas Corporate Bodies (OCBs) are cited below:

  • Investment under Automatic Route with repatriation benefits: NRIs can invest in shares and debentures of Indian companies under Automatic Route without obtaining RBI's or Government's approval.
  • Investment with Government approval: There are certain sectors that require the permission of Foreign Investment Promotion Board (FIPB) for investments by NRIs and OCBs. These investments also enjoy full repatriation benefits.
  • Other investments with repatriation benefits: These include investment in domestic mutual funds, bonds and shares issued by public sector undertakings and enterprises, government securities and shares.
  • Investments up to 100% equity without repatriation benefits: NRIs can invest by way of capital contribution in any proprietary or partnership concern in India provided the firm or the proprietary concern is not engaged in any agricultural/plantation activity or real estate business or Print Media on non-repatriation basis subject to certain conditions.
  • Other investments by NRIs/OCBs without repatriation benefits:
    • Investment in Non Convertible Debentures
    • Money Market Mutual Funds
    • Deposits with Companies
    • Commercial Papers (OCBs are presently not permitted

Tab 5 (2) : Outline of social and educational policies

Tab 5 (2a) : Scheme for Deserted Indian Women

This scheme has been initiated by the Ministry of Overseas Indian Affairs, Government of India for the welfare of Indian women abroad. The scheme aims to provide financial, counselling and legal assistance to women deserted by overseas Indian spouses.
In the current year the Ministry of Overseas Indian Affairs would initially sanction Rs. 40 lakhs each to the Indian Missions in USA, UK, Canada, Australia, and the Gulf subject to review next year. Thus, in the current year the budget provision for this scheme is Rs. 2 crore.

Scope of and Eligibility for the Scheme :

The scheme would be available to the women who have been deserted by their overseas Indian spouses or are facing divorce proceedings in a foreign country subject to the following conditions :

  1. The woman is an Indian passport holder.
  2. The marriage of the woman has been solemnised and registered in India.
  3. The woman is deserted in India or after reaching abroad within two years of the marriage.
  4. Divorce proceedings are initiated within two years of the marriage by her overseas Indian spouse.
  5. An ex-parte divorce has been obtained by the overseas Indian spouse and a case for maintenance and alimony is to be filed.
  6. The scheme would not be available to a woman facing criminal charges or having a criminal case decided against her.
  7. The domicile of the woman seeking relief under the scheme is not relevant for allowing the benefit. The woman may be domiciled in the country of her overseas Indian spouse or in India at the time of making the application.
  8. Preference may be given to applicants on the basis of financial needs.
  9. Assistance will be limited to meeting initial cost and incidental charges for documentation and filing of the case by the Indian women’s organisation/NGO on the woman’s behalf.
  10. The assistance will be limited to US $1000 per case and will be released to the Indian community organisations/NGO concerned to enable it to take steps to assist the woman in documentation and preparatory work for filing the case.
  11. The women’s organisation/NGO will make efforts to enlist community advocates, preferably women advocates, to extend further legal assistance/ appearance in court etc on a pro-bono basis.
Whom to contact?

In case of assistance or filing complaint against the exploitation at the hands of their husbands or in-laws, Indian women overseas can contact Indian Missions in the country where they are residing. Indian Women's organisations, Indian Community Associations, and NGOs abroad can also be contacted by the Indian women. These organisations provide legal aid to the victims in distress and whose names have been approved by the Ministry of Overseas Indian Affairs.  The applications for providing legal aid received by the Missions would be examined by an officer designated by the Head of the Mission on case-to-case basis and approved by Head of Mission/Deputy Chief of the Mission.

Tab 5 (2b) : DASA Scheme

DASA stands for Direct Admission to Students Abroad. This Government of India has designated the Educational Consultants of India Limited (Ed.CIL) as the coordinating agency for carrying on the DASA Scheme. Under this scheme, deserving foreign nationals/ Persons of Indian Origins (PIOs) and Non-Resident Indians (NRIs) are given direct admission to undergraduate Programmes offered by the National Institutes of Technology and other centrally funded institutes (other than IITs) and Punjab Engineering College, Chandigarh.

Through this scheme, the Government of India aims to provide quality education to the children of overseas Indians in the field of Engineering and technology.

DASA SCHEME 2007-08

Ed.CIL has been designated as the  'Coordinating agency and Single Window facility' for the direct admission of eligible Foreign Nationals / Persons of Indian Origin (PIOs) / Non-Resident Indians (NRIs) to undergraduate engineering programs offered by the National Institutes of Technology (formerly Regional Engineering Colleges) and other centrally funded institutions (other than IITs) and Punjab Engineering College, Chandigarh,  under the Direct Admission of Students Abroad (DASA) Scheme.  The institutions covered under this scheme are known for providing quality education in Engineering and technology.  All these institutions have reasonably good facilities for accommodation, sports and extra curricular activities. 

Institutions covered under DASA

Under DASA Scheme 2007-08, admissions are offered to the following institutions :

National Institutes of Technology

Following 15  National Institutes of Technology (formerly Regional Engineering Colleges) located in various states of India.

SNO.

NAME OF INSTITUTION

1

Motilal Nehru National Institute of Technology [MNNIT], Allahabad, Uttar Pradesh

2

Maulana Azad National Institute of Technology [MANIT], Bhopal, Madhya Pradesh

3

National Institute of Technology [NIT], Calicut, Kerala

4

National Institute of Technology [NIT], Durgapur, West Bengal

5

National Institute of Technology [NIT], Hamirpur, Himachal Pradesh

6

Malaviya National Institute of Technology [MNIT], Jaipur, Rajasthan

7

Dr. B.R. Ambedkar National Institute of Technology [DANIT], Jalandhar, Punjab

8

National Institute of Technology [NIT], Jamshedpur, Jharkhand

9

National Institute of Technology [NIT], Kurikshetra, Haryana

10

Visvesvaraya National Institute of Technology [VNIT], Nagpur, Maharashtra

11

National Institute of Technology [NIT], Rourkela, Orissa

12

Sardar Vallabhbhai National Institute of Technology [SVNIT], Surat, Gujarat

13

National Institute of Technology Karnataka [NITK], Surathkal, Karnataka

14

National Institute of Technology [NIT], Tiruchirappalli, Tamil Nadu

15

National Institute of Technology [NIT], Warangal, Andhra Pradesh

Other centrally funded Institutions:

SNO

NAME OF THE INSTITUTION

1

Indian Institute of Information Technology (IIIT), Allahabad, Uttar Pradesh (Including Amethi Campus)

2

Atal Bihari Vajpayee Indian Institute of Information Technology and Management (ABVIIITM), Gwalior, Madhya Pradesh

3

National Institute of Foundry and Forge Technology (NIFFT), Ranchi, Jharkhand

4

North Eastern Regional Institute of Science and Technology (NERIST), Itanagar, Arunachal Pradesh

5

Sant Longowal Institute of Engineering and Technology (SLIET), Longowal, Punjab

Other Institution:

S. NO.

NAME OF THE INSTITUTION

1

Punjab Engineering College, Chandigarh
 
All these institutions are "Deemed Universities" and have good facilities for accommodation, sports and extra curricular activities.

Under DASA Scheme, admissions are offered to Foreign Nationals / PIOs / NRIs who fulfill the following eligibility criteria :

Candidates must have passed the qualifying examination i.e. senior secondary or any other examination equivalent to 12 years of schooling in India.

Must have minimum aggregate marks of 60% or 6.75 CGPA on 10 point Scale or Equivalent Grades in all the subject of the qualifying examination.

Indian nationals seeking admissions should have studied abroad for a minimum period of five years (including the qualifying examination  ie XI & XII Standards) during the last eight years.

Fee Structure under DASA Scheme

Registration Fee

A non-refundable registration fee of US $ 350 is required to be paid along with the application form.

Tuition Fee

Tuition Fee US $ 4000 per annum (Excluding hostel accommodation & other miscellaneous fees.  Expenses for these will be in the range of US $ 300 - 400 Per Annum).

 Foreign Nationals from SAARC Countries seeking admission under DASA Scheme are given special concession of 50% fee waiver in the Tuition Fees provided they have studied in SAARC Countries only.
 
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