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.
    (Note: NRIs returning permanently may get RNOR status for 1–3 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

  1. Passport (with entry/exit stamps).
  2. Tax residency certificates from the foreign country.
  3. Bank account statements and investment records.
  4. Tax filings in the foreign country.

Would you like help with a specific compliance requirement, such as tax filing or updating investment accounts?

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