Written by FEMA Expert: Your All A to Z FEMA and Global Business Related Solution
Non-Resident Indians face a critical decision when managing finances in India: NRE or NRO account? These accounts, governed by FEMA regulations, determine your tax liability, repatriation freedom, and compliance burden. This comprehensive 1200+ word guide clarifies the differences, rules, and real-world scenarios NRIs encounter daily.
FEMA and NRI Banking Basics
FEMA (Foreign Exchange Management Act, 1999) regulates all cross-border transactions for NRIs. RBI implements these rules through banks acting as Authorized Dealers. NRE accounts handle foreign-earned income with tax-free interest and unlimited repatriation. NRO accounts manage Indian-sourced income like rent and dividends but face USD 1 million annual repatriation caps and 30.9% TDS on interest.
Compliance matters because violations trigger account freezes, penalties up to ₹2 lakhs, and repatriation blocks. Understanding these rules prevents costly mistakes.
What is an NRE Account?
NRE (Non-Resident External) accounts accept only foreign-source funds:
- Salary earned abroad
- Foreign business income
- Overseas investments
- Transfers from other NRE/FCNR accounts
Key FEMA advantages:
- Interest tax-free under Section 10(4)(ii)
- Unlimited repatriation – no RBI approval needed
- Maintained in INR (exposed to currency risk)
Who qualifies: NRIs, OCIs, PIOs. Joint holders must be non-residents only.
What is an NRO Account?
NRO (Non-Resident Ordinary) accounts handle Indian-sourced income:
- Rental income from Indian properties
- Dividends from Indian companies
- Pension payments
- Property sale proceeds
Key FEMA restrictions:
- Interest taxable at 30% TDS + cess (30.9% effective)
- Repatriation capped at USD 1 million per financial year (April-March)
- Joint holding allowed with resident relatives
NRO offers flexibility for local transactions (full UPI access) but higher tax burden.
NRE vs NRO Comparison Table
| Feature | NRE Account | NRO Account |
|---|---|---|
| Fund Source | Foreign income only | Indian + foreign income |
| Interest Tax | Tax-free | 30.9% TDS |
| Repatriation | Unlimited | USD 1M/year cap |
| Joint Holder | Non-resident only | Resident relatives OK |
| Currency Risk | Yes (INR only) | No (INR transactions) |
| UPI Access | Limited | Full access |
| Transfer To | Can → NRO | Cannot → NRE |
FEMA Compliance Rules
Permissible credits:
- NRE: Foreign remittances only
- NRO: All Indian income + foreign funds
Transfers between accounts:
- NRE → NRO: Allowed freely
- NRO → NRE: Prohibited (prevents tax evasion)
Documentation requirements:
- PAN mandatory for transactions >₹10 lakhs
- Passport + overseas address proof
- Source documents for each deposit
RBI annual limits:
- NRE/FCNR: No repatriation cap
- NRO principal: USD 1 million maximum
Repatriation Rules Explained
NRE repatriation (simple):
- Request bank transfer to foreign account
- No Form 15CA/15CB required
- Funds move via SWIFT (3-5 days)
NRO repatriation (complex):
- File Form 15CA (Part A <₹5L, Part C >₹5L)
- Form 15CB + CA certificate (>₹5L)
- TDS certificates mandatory
- USD 1M annual cap applies to principal only
Current income exception: Rental income, dividends, and interest from NRO are fully repatriable after tax (don’t count toward USD 1M cap).
Taxation Differences
Interest income:
- NRE: 0% tax, no TDS
- NRO: 30% TDS + 4% cess = 30.9%
DTAA benefits: NRIs from USA/UK/Canada can reduce TDS to 10-15% by submitting DTAA forms to banks.
Example: ₹10 lakh FD at 7% yields ₹70,000 interest
- NRE: Keep full ₹70,000
- NRO: Receive ₹48,300 after 30.9% TDS
When to Use Each Account
Use NRE when:
- Earning salary abroad
- Want tax-free growth
- Need unlimited repatriation
- No Indian income sources
Use NRO when:
- Receive rental income
- Get Indian dividends/pension
- Need UPI for local payments
- Managing property sales
Best practice: Maintain both accounts. NRE for savings, NRO for income/liabilities.
Common FEMA Mistakes
- Depositing rent into NRE – Bank rejects, account flagged
- Ignoring USD 1M NRO cap – Repatriation blocked
- Skipping Form 15CA/15CB – Funds frozen 2-4 weeks
- Not converting resident accounts – FEMA violation
- Joint NRE with residents – Not permitted
- Forgetting PAN updates – Transactions halted
Real Forum Questions Answered
Reddit (r/nri): “Do I need both accounts?”
Most NRIs need both. NRE for foreign salary (tax-free), NRO for UPI payments from India. Banks like HDFC require NRO for local transactions.
Quora: “Can I transfer NRO to NRE?”
No. FEMA prohibits this to prevent converting taxable Indian income into tax-free NRE funds. Repatriate NRO → foreign account → redeposit as NRE (cumbersome).
Reddit: “NRO repatriation limit real?”
USD 1M cap applies only to principal (property sales, inheritance). Current income (rent, interest) repatriable without cap after TDS and Form 15CA/15CB.
Forum: “Returning to India – what happens?”
NRE converts to RFC (maintains repatriability). NRO becomes resident savings. Notify bank within 30 days of residency change.
Conclusion
Quick Checklist:
- Foreign salary? → NRE
- Indian rent/dividends? → NRO
- Both incomes? → Both accounts
- Repatriating >₹5L? → CA + Forms 15CA/15CB
- Tax optimization? → Claim DTAA benefits
FEMA compliance protects your wealth. Recent 2025 RBI updates cap penalties at ₹2 lakhs for reporting errors but maintain strict repatriation rules. Consult FEMA experts for complex scenarios like inheritance, property sales, or returning residents.
This guide by FEMA and Global Business compliance experts provides A-to-Z solutions for NRIs. Verify latest RBI Master Directions before major transactions.
