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Many NRIs prefer to invest their hard-earned money in a property in India. However, the legal aspects of buying property in India are slightly different for NRIs when compared to ordinary Indians. One of the main questions that plague NRIs is do NRIs need pan card? Further, many are unsure whether they can register NRI property in India without a PAN card. In addition, many people are unsure about the legal complications of buying property without a PAN card. Finally, before you decide to invest your earning in a property in India, you should also be clear about the tax implications for NRI buying property in India. This is applicable not just to India, but also the country of your residence. In order to ensure that you are armed with all the right information, we have carefully curated for you all you will need to regarding the role of the PAN card when NRIs buy property, whether the PAN card is compulsory and the tax implications for the same.
An NRI is an Indian passport holder, who does not reside in India. This status may change from year to year, based on your country of residence. PIOs (Persons of Indian Origin) and OCI (Overseas Citizen of India) do not hold Indian passports. They are foreign citizens but are Indian by birth or descent. Thus, while investing in India, there are different rules applicable. You should also note that as of 2015, the PIO and OCI schemes have been merged.
There is no rule that states that it is compulsory for an NRI/PIO/OCI to get a PAN card. This is definitely not needed if you do not plan to invest large amounts of money in India. However, as per the latest government regulations, services like opening a new bank account in India, getting a new credit card, investing in the stock market in India or making a purchase of more than INR 50,000, the PAN card is mandatory. However, if you have no taxable income from India or your income is below the tax threshold, then you can make use of Form 80 in lieu of a PAN card. This will allow you to open bank accounts without getting a PAN card. Note that this option is only open to NRI/PIOs/OCI holders.
There are certain situations where it would be beneficial for NRIs to have a PAN card. If you are planning to do any of the below, it is highly recommended that you get a PAN card, as this will make the whole process a lot easier for you.
There are some restrictions mandated by the government regarding property purchase for NRIs. These include:
As per the current laws, NRIs will need to pay taxes on their property in India unless there is rental income accruing from it. However, if you are selling property, a capital gains tax might accrue as well.
Now that you have an answer to the question of whether you can register NRI property in India without a PAN card, you are well on your way to making sound investments in India. We hope we have been able to answer questions like do NRIs need a PAN card? Now you know that it is not really possible to register NRI property in India without a PAN card. In addition, you should also have a clear idea about the tax implications for NRI buying property in India. We hope that this article has made your road to buying property in India just a little bit easier. Please feel free to drop us a comment in case you have any further queries. We would love to hear from you.
Q: What are the tax policies on fixed deposits for an NRI?
A: Interest on Fixed deposit is chargeable to tax under the head income from other sources. Generally, the bank will deduct tax at source @ 10% from the interest.
Q: Which is the best way to start investing in the Indian markets?
A: For instruments of equity you should have a minimum time horizon of 5 years. Returns expected can be anything between 20-30% per annum on a compounded basis. In case you are planning on short term...
Q: Can an NRI use his PIO status to gain dual citizenship i.e Indian citizenship and citizenship in his country of residence?
A: A bill is passed to grant the dual citizenship to PIOs and has got approved by the president, and this will help grant to PIOs of full age and their children dual citizenship. However, The rules,...
Q: What is the procedure for an NRI to acquire immovable property in India by way of lease or not exceeding 5 years?
A: There is no difference in the procedure. It's the same as any other Indian citizen would buy the property.
Q: Are OCBs required to produce any certificate regarding ownership / beneficial interest in them by NRIs?
A: Yes. In order to establish that the ownership/beneficial interest in any OCB held by NRIs is not less than 60%, the concerned body/ trust is required to furnish a certificate from an overseas...
Q: Are persons resident in India required to surrender foreign exchange acquired/held by them?
A: Yes. Residents receiving foreign exchange from abroad by way of gift, inheritance, remuneration for services rendered, etc. are required to bring it to India within three months acquiring the...
Q: Are Returning Indians permitted to acquire fresh foreign currency assets by remittance from India?
A: Yes, provided the funds for the purpose are drawn out of their Resident Foreign Currency Accounts
Source : Reserve Bank Of India
Q: Do resident donees or legal heirs require the Reserve Bank permission to receive or hold foreign currency assets by way of gift or inheritance from Returning Indians or from those holding assets since prior to July 8, 1947 with the permission of the ..?
A: No. Resident donees or legal heirs of the persons covered under the general permission/exemption granted by the Government of India can continue to maintain their foreign currency assets provided...
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