- Who is a Non-Resident Indian
(NRI)?
-
A non-resident Indian (NRI) is an Indian citizen or a
person of Indian origin who stays abroad for employment, business or vocation
outside India, or stays abroad under circumstances indicating an uncertain
duration.
- Who is a Person of Indian
Origin (PIO)?
-
A Person of Indian Origin means a citizen of any
country (other than Bangladesh or Pakistan), if the person: (a) at any time
held an Indian passport; or (b) or the person's parents or grandparents were
citizens of India; or (c) is a spouse of an Indian citizen, or of a person
referred to in (a) or (b) above.
- Who is a Foreign Institutional
Investor (FII)?
-
An FII is an institution established or incorporated
outside India which proposes to invest in Indian securities and is registered
with SEBI.
- Who is an Overseas Corporate
Body (OCB) ?
-
An OCB includes overseas companies, partnership
firms, societies and other corporate bodies owned predominantly by non-resident
persons of Indian nationality or origin outside India.
- Can an NRI maintain a bank
account in India?
-
Yes. NRIs can maintain accounts in rupees as well as
in foreign currency.
- What types of rupee accounts
may NRIs maintain?
-
There are 4 types: 1. Non-resident (External) Rupee
Accounts (NRE) 2. Non-Resident (Special) Rupee (NRSR) Account 3. Ordinary
Non-resident Rupee Accounts (NRO) 4. Non-resident (Non-repatriable) Rupee
deposit accounts (NRNR)
- What are NRE, NRO and FCNR
accounts?
-
Non-Resident (External) Rupee (NRE).
This is a Rupee account from which funds are freely repatriable. It can be
opened with either funds remitted from abroad or local funds which can be
remitted abroad.
Non-Resident Ordinary Rupee (NRO). This is a Rupee account and
can be opened with funds either remitted from abroad or generated in India.
These funds are non-repatriable. However, under certain circumstances, these
are allowed to be repatriated.
Fully Convertible Non-Resident Rupee (FCNR). This account is
similar to the NRE account except that the funds are held in foreign currencies
and can be maintained in Pound Sterling,U.S. Dollar, Euro and Japanese Yen.
FCNR accounts can be maintained only in the form of 'term deposits', i.e. a
deposit kept for fixed periods ranging from 6 months to 3 years.
- How do NRE, NRO and NRSR
accounts differ?
-
Balances held in NRE accounts can be repatriated
abroad freely, whereas funds in NRSR and NRO account cannot be normally
remitted abroad but have to be used only for local payments in rupees.
Consequently, funds remitted from abroad or local funds which can otherwise be
remitted abroad to the accountholder can only be credited to NRE accounts.
- Can an NRI, and FIIs invest in
mutual funds in India?
-
Yes. The following summary outlines the various
provisions related to investments by Non-Resident Indians ('NRIs'), Persons of
Indian Origin ('PIOs') and Foreign Institutional Investors ('FIIs') in the
Schemes of the Mutual Fund and is based on the relevant provisions of the
Income-tax Act, 1961 ('the Act'), regulations issued under the Foreign Exchange
Management Act, 1999 and the Wealth-tax Act, 1957 (collectively called 'the
relevant provisions'). The following information is provided for general
information only. However, in view of the individual nature of the
implications, each investor is advised to consult with his or her own tax
advisors / authorised dealers with respect to the specific tax and other
implications arising out of his or her participation in the funds.
- Can an NRI, and FIIs invest in
mutual funds in India?
-
Yes. The following summary outlines the various
provisions related to investments by Non-Resident Indians ('NRIs'), Persons of
Indian Origin ('PIOs') and Foreign Institutional Investors ('FIIs') in the
Schemes of the Mutual Fund and is based on the relevant provisions of the
Income-tax Act, 1961 ('the Act'), regulations issued under the Foreign Exchange
Management Act, 1999 and the Wealth-tax Act, 1957 (collectively called 'the
relevant provisions').
The following information is provided for general information only. However, in
view of the individual nature of the implications, each investor is advised to
consult with his or her own tax advisors / authorised dealers with respect to
the specific tax and other implications arising out of his or her participation
in the funds.
Purchase Applications. NRIs can
invest in mutual funds on a Repatriable/Non-Repatriable basis as per the
provisions of Schedule 5 of the Foreign Exchange Management (Transfer or issue
of Security by a Person Resident Outside India) Regulations, 2000 ('the
Regulations') as explained below.
A Common Application Form duly completed together with cheques or bank drafts
should be remitted through Investor Service Centres. All cheques/demand drafts
accompanying the application form must be made in favour of the scheme names
and crossed "A/c payee" only and should be made payable at a city where the
application is accepted by any Investor Service Centres.
Repatriable Basis - NRIs, PIOs. When NRIs and
PIOs apply to purchase units on a repatriable basis, payments may be made
inward remittances, or by cheques drawn on the NRE/FCNR account of the investor
[Clause 3(2) of the Regulations] payable at the city where the application form
is accepted by any Investor Service Centres.
Non-Repatriable Basis - NRIs, PIOs. When NRIs/PIOs apply for
units on a non-repatriable basis, payments may be made by inward remittances,
or by cheques/demand drafts drawn on the NRE/FCNR/NRO/NRSR account of the
investor, payable at the city where the application form is accepted by any
Investor Service Centres.
FII Investors. FIIs may pay for their purchases with funds
held in a Foreign Currency account or Non-resident Rupee account maintained in
a designated branch of an authorised dealer. Payments may be made by cheques
payable at a city where the application is accepted by any Investor Service
Centres..
Applications from FIIs should be accompanied by appropriate documentation
supporting the status of the investor and should be sent to the AMC/ISC , so as
to reach them not later than 7 days after the date of the subscription.
Similarly, in case of an application under a Power of Attorney or by an FII,
the original Power of Attorney or the relevant resolution/authority to make the
application (or a duly notarised certified true copy thereof), along with a
certified copy of the Memorandum and Articles of Association and/or bye laws
and Certificate of Registration should be submitted to the ISC within 7 days
from the date of the application. The officials should sign the application
under their official designation.
The NRIs/PIOs/FIIs may also be required to furnish other documents needed to
process their investments.
- Does an NRI, FII require any
approval from the RBI to invest in mutual funds?
-
No special approval is required. NRIs/PIOs/FIIs have
been granted a general permission by RBI [Schedule 5 of the Foreign Exchange
Management (Transfer or Issue of Security by a Person Resident Outside India)
Regulations, 2000] for investing in /redeeming units of the funds subject to
conditions set out in the aforesaid regulations.
- Can an NRI invest in foreign
currency?
-
An NRI cannot make the investment in foreign
currency. He needs to give a Rupee cheque from his NRE, NRO, NRSR bank account
in India. He may also send a Rupee cheque from abroad payable in a bank in
India. However, for an NRI to invest, it is mandatory that he maintains a bank
account in India.
- What is the mode of payment for
Repatriation and Non-Repatriation Basis?
-
Repatriable Basis. Payments for the
purchase of the units may be made by Indian Rupee drafts purchased abroad, or
by cheques drawn on the NRE/FCNR Account of the investor, payable at the city
where the application form is accepted by any Investor Service Centres.
Non-Repatriable Basis. Payments for the purchase of the units
may be made by Indian Rupee drafts purchased abroad, or by cheques/demand
drafts drawn on the NRE/FCNR/NRO/NRSR/NRNR account of the investor, payable at
the city where the application form is accepted by any Investor Service
Centres.
FII Investors. FIIs may pay for their subscription amounts by
Indian Rupee drafts purchased abroad, or from funds held in a Foreign Currency
account or Non-resident Rupee account maintained in a designated branch of an
authorised dealer. The Indian Rupee drafts/cheques should be made payable at a
city where the application is accepted by any Investor Service Centres.
- When will my NRI purchase take
effect?
-
If an application is received before the 3 p.m.,
Indian Standard Time on any business day, the allocation of units will be based
on the NAV of that business day. All applications received after the prescribed
time will be treated as having been received on the next business day and the
units allotted accordingly.
- How does an NRI redeem funds?
-
In the open-end schemes of mutual fund units can be
purchased or redeemed at any point in time. To redeem funds, submit the
redemption request to the nearest Investor Service Centre. Your form must
contain the investor's folio number and the amount / units you would like to
redeem. Redemption requests by telephone, telegram, fax or email that lack
valid signatures will not be accepted.
- How will the redemption proceeds be
paid?
-
Redemption proceeds will be paid by cheque. The
cheque will be payable to the first unitholder and will include the bank
account number.
Redemption proceeds/repurchase price and/or dividend or income earned (if any)
will be payable in Indian Rupees only.
- How can the redemption proceeds be
repatriated?
-
The investments shall carry the right of repatriation
of capital invested and capital appreciation so long as the investor continues
to be a resident outside India.
In the case of an FII, the designated branch of the authorised dealer may allow
remittance of net sale/maturity proceeds (after payment of taxes) or credit the
amount to the Foreign Currency account or Non-Resident Rupee account of the
FII, maintained in accordance with the approval granted to it by the RBI.
In any other case, where the investment is made out of inward remittance or
from funds held in the NRE/FCNR account of the investor, the maturity
proceeds/repurchase price of units (after payment of taxes) may be credited to
the NRE/FCNR/NRO/NRSR account of the non-resident investor maintained with an
authorised dealer in India
- What about redemption proceeds where
investments were made on a non-repatriable basis?
-
Where the purchase of units is made on a
non-repatriable basis, the maturity proceeds/repurchase price of units (after
payment of taxes) will not qualify for repatriation and may be credited to the
NRO/NRSR account of the non-resident investor.
Where the investment is made out of funds held in a NRSR account, the maturity
proceeds/ repurchase price of units (after payment of taxes) may be credited to
the NRSR account maintained by the investor with an authorised dealer in India.
Similarly, investments in units purchased in Rupees, where the investor was a
resident of India and subsequently becomes a non-resident, will not qualify for
repatriation of repurchase proceeds of units.
The entire income distribution on the investment will, however, qualify for
full repatriation. Investors are advised to contact their banks/tax consultants
if they desire remittance of the income distribution on units abroad.
- Is the income/dividend on mutual
fund units repatriable?
-
The investments shall carry the right of repatriation
of capital invested and capital appreciation so long as the investor continues
to be a resident outside India. In the case of an FII, the designated branch of
the authorised dealer may allow remittance of net sale/maturity proceeds (after
payment of taxes) or credit the amount to the Foreign Currency account or
Non-resident Rupee account of the FII maintained in accordance with the
approval granted to it by the RBI. In any other case, where the investment is
made out of inward remittance or from funds held in NRE/FCNR account of the
investor, the maturity proceeds/repurchase price of units (after payment of
taxes) may be credited to NRE/FCNR/NRO/NRSR account of the non-resident
investor maintained with an authorised dealer in India.
- What is the tax liability on
redemptions?
-
Under Section 2(42A) of the Income Tax Act, units of
the fund held as a capital asset for a period of more than 12 months
immediately preceding the date of transfer, will be treated as a long-term
capital asset for the computation of capital gains, thus qualifying for the
long-term capital gains tax rate. In all other cases, it would be treated as a
short-term capital asset and would be taxed at the short-term capital gains tax
rate.
- What is the tax liability for income
received from your mutual funds?
-
As per Section 10(35) of the Income Tax Act, 1961,
income received from mutual fund units specified under Section 10(23D) is
exempt from income tax in India and the mutual funds are subject to pay
distribution tax in debt oriented schemes. Hence all dividends are tax-free in
the hands of non-resident investors and no TDS is applicable on the same.
- Is it mandatory to have a Permanent
Account Number (PAN)?
-
Yes. Submission of PAN card copy (irrespective of the amount of investment) is mandatory for all existing as well as prospective investors including joint applicants / holders, guardians and NRIs for investing with Mutual Funds from January 1, 2008.
- How does one apply for a PAN?
-
An application is required to be made in Form 49A
(download form).
- What is the proof of the Tax
Deduction at Source?
-
A TDS certificate is issued in the name of the
investor mentioning the details of the transaction and the tax deducted. The
TDS certificate is commonly known as Form16 A.
- When will the TDS certificate be
issued?
-
A TDS certificate (Form 16A) will be despatched to
the investor at his or her registered address along with the redemption
warrant.
- Can an NRI have a joint account in a
mutual fund with a resident Indian?
-
Yes. An NRI investor can jointly own a fund account
with a resident Indian or a Non-resident Indian.
- Is the indexation benefit available
to NRIs?
-
Yes, if units are held for more than 12 months i.e.
on long-term capital gains.
- Are fund units liable to the wealth
tax?
-
No. Units issued to overseas investors will not be
treated as assets as defined under section 2(ea) of the Wealth-Tax Act, 1957
and hence will not be liable to wealth tax.
- Can dividend received from a mutual
fund in an NRO account be repatriated?
-
Yes. Income generated from investments (dividend, in
this case) done on a non-repatriable basis qualify for full repatriation.
- Can an NRI fax a request followed by
the original documents?
-
No. Units cannot be redeemed or allotted on the basis
of fax applications. A request that lacks a valid signature cannot be processed
due to legal restrictions.
- Can a Power of Attorney (POA) invest
on behalf of the NRI investor?
-
Yes. unlike banks where a POA holder cannot open an
account on behalf of the NRI, in a mutual fund the POA has the authority to
invest on behalf of the investor and sign documents for initial and additional
purchases as well as redemptions.
While applying for purchase of units the POA holder needs to submit the
original POA or a copy duly notarised should be submitted. The Power of
attorney should contain the signature of both the first holder and the POA
holder. Only when the POA is registered does the POA holder have the right to
transact on behalf of the NRI investor. His signature will be verified for
processing any transaction/request.
- Is nomination by NRIs allowed in
Mutual Funds?
-
Yes. It is allowed only for Individuals/HUFs.
- Can a resident Indian have an NRI as
nominee?
-
Yes. The same rules apply for nominees to resident
Indian accounts. An NRI can be a nominee to an account which is in the name of
a resident Indian.
- Investments by U.S Person
-
The are certain mutual funds which do not permit
investments in their schemes as these are entities who are also governed by the
laws in US (for eg Franklin Templeton Mutual Fund) and the Schemes have not
been registered in the United States of America under the Securities Act of
1933 which is a mandatory requirement for these fund houses. Applicants for
Units may be required to declare that they are not a U.S. Person and are not
applying for Units on behalf of any U.S. Person.
The term "U.S. Person" shall mean any person that is a United States Person
within the meaning of Regulation S under the United States Securities Act of
1933, as the definition of such term may be changed from time to time by
legislation, rules, regulations or judicial or administrative agency
interpretations.
Funds presently not eligible for investments by US residents are:
Fidelity Mutual Fund
Franklin Templeton Mutual Fund
HSBC Mutual Fund
PNB Principal Mutual Fund