Returning to India as a Non-Resident Indian (NRI) or Overseas Citizen of India (OCI) involves several compliance requirements related to income tax, bank accounts, investments, and foreign assets. Below is a comprehensive guide:
1. Tax Residency Status
Your tax residency status determines your compliance obligations:
- Resident: If you stay in India for:
- 182 days or more in a financial year, or
- 60 days or more in a financial year and 365 days in the preceding four years.
- Resident but Not Ordinarily Resident (RNOR):
- Exempt from tax on foreign income unless earned in India or received in India.
- Non-Resident:
- Only income earned or received in India is taxable.
Action:
- Assess and confirm your residency status at the start of each financial year.
2. Bank Accounts
- Convert NRI Accounts:
- NRE and NRO accounts must be re-designated to Resident Rupee Accounts.
- FCNR deposits can be held until maturity and then converted to Resident Foreign Currency (RFC) accounts.
- Open an RFC Account:
- To park foreign earnings or convert FCNR deposits.
- RFC accounts are freely repatriable and earn interest.
3. Foreign Assets and Income
- Declaration of Foreign Assets:
- Report foreign assets, bank accounts, and investments in the Schedule FA of your Indian income tax return.
- Taxation on Foreign Income:
- If you are an RNOR, foreign income is not taxable unless it accrues or is received in India.
- Residents must disclose and pay taxes on global income.
Double Tax Avoidance Agreement (DTAA):
- Claim relief under DTAA for taxes paid in the foreign country.
4. Investments
- Mutual Funds and Stocks:
- Update your KYC status with financial institutions from “NRI” to “Resident”.
- Real Estate:
- You can continue to hold property abroad or in India but need to comply with FEMA if selling and repatriating funds.
- Other Investments:
- Review and update the residential status for fixed deposits, Demat accounts, etc.
5. Insurance Policies
- Inform insurers about your return to update the policy status.
- Continue holding existing life and health insurance policies if allowed by local regulations.
6. Tax Filing
- File an income tax return in India if:
- Your income exceeds the basic exemption limit.
- You have foreign assets or income (disclosure required in ITR).
7. Repatriation of Funds
- Before returning, repatriate funds from overseas accounts to India if needed.
- Utilize RFC accounts for holding foreign currency funds in India.
8. Aadhaar and PAN
- Aadhaar: Mandatory for residents; apply for one after your return.
- PAN: Ensure your PAN is active and linked with Aadhaar.
9. Social Security Contributions
- Claim benefits from social security schemes in countries where you worked (e.g., 401(k) in the U.S., EPF in other countries).
10. FEMA Compliance
- Abide by FEMA rules for holding assets abroad.
- Report foreign assets if you plan to liquidate or transfer them to India.
Key Documents to Keep Handy
- Passport (with entry/exit stamps).
- Tax residency certificates from the foreign country.
- Bank account statements and investment records.
- Tax filings in the foreign country.
Would you like help with a specific compliance requirement, such as tax filing or updating investment accounts?