Facts:

  • Mr. A is a resident individual in Mohali.
  • He wants to gift INR 500,000 to his son, Mr. X, who is an NRI residing in the USA.

What does the law say?

  • Under RBI Master Directions on LRS:
    • A resident individual can gift rupees to an NRI/PIO relative (relative as defined under Section 2(77) of the Companies Act, 2013).
    • The gift must be remitted by crossed cheque or electronic transfer.
    • The gifted amount must be credited to the NRO (Non-Resident Ordinary) account of the NRI/PIO.
    • Such credit is considered an eligible credit to the NRO account.
    • The gift amount counts towards the donor’s overall LRS limit of USD 250,000 per financial year.
    • The donor must ensure the aggregate remittances in the financial year, including the gift, do not exceed the LRS limit.

Conclusion for Mr. A

  • Mr. A can gift INR 500,000 to his son under LRS, subject to the USD 250,000 overall limit.
  • The transfer must be made by crossed cheque or electronic transfer.
  • The amount should be credited to the son’s NRO account.
  • Mr. A must ensure he has not exceeded the LRS limit in the current financial year.

If you want, I can also help you with the practical steps or documentation required for such a transfer.

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