NRI

A PIO is any citizen not of Pakistan or Bangladesh who has:

• At any time held an Indian passport
• Parents or grandparents who are citizens of India according to the Indian Constitution
• A spouse who is an Indian citizen or PIO (for the purpose of bank deposits)
• A PIO can also buy real estate in India, and invest in Indian properties.

An OCI is a person who is a citizen of another country, but also:

• Held an Indian citizenship at some point
• Was eligible for an Indian citizenship at the time of the commencement of the Indian Constitution
• Belongs to a territory that became part of India after Independence
• With NRI investment in India growing at a large rate, an OCI can also buy real estate in India.

According to guidelines laid down by the RBI, the following can purchase property in India:

• A Non-Resident Indian (NRI)
• A PIO
• An OCI

All three categories are generally referred to as NRIs for the purpose of opening bank accounts, for bank deposits, for purchasing property, etc. NRI investment in India shows great potential, and any of the aforementioned can buy real estate in India.

The RBI allows NRIs to purchase immovable property in India including:

• Residential property
• Commercial assets

However, NRIs are forbidden from purchasing:

• Agricultural land
• Plantations
• Farmhouses

If you are looking for NRI investment in India and want to purchase one of these, you will need to specially apply to the RBI for permission and your case will be considered separately.

NRIs looking to purchase property in India fall under two categories: salaried individuals and self-employed individuals.

Salaried NRIs looking to invest and buy real estate in India should have the following documents:

• Indian passport
• PIO card/OCI card (if applicable)
• PAN card
• Power of attorney documents
• Latest salary pay slips for the past 6 months
• Income tax returns for the last 2 years
• Copy of employment contract
• Appointment letter (if applicable)
• Work permit (if applicable)
• Bank statement for the past 1 year from external bank account
• Bank statement for the last 1 year from Non-Resident External (NRE)/Non-Resident Ordinary (NRO) account
• Address proof
• Credit report
• Property related documents

NRIs who are self-employed individuals looking to buy real estate in India should have the following documents:

• Passport
• PIO/OCI card (if applicable)
• Balance sheet of company for the last 3 years
• Profit and loss accounts for the last 3 years
• Bank account statement of individual account for the last 6 months
• Bank account statement of company account for the last 6 months
• Income tax returns from the last 3 years
• Address proof
• Power of attorney documents
• Credit reports
• Property-related documents

Anybody who wants to make an NRI investment in India should possess the following documents:

• Title Deed
• Authorized building plan
• NOC from Electricity Supply, Pollution Control Board, Water Department
• Sale agreement between builder and previous owner (if applicable)
• Possession letter from the builder
• Sale agreement
• Khata certificate and extracts
• Allotment letter
• Possession letter
• Encumbrance certificate (in case of there being a previous buyer)
• Occupancy certificate
• Power of Attorney
• NRIs who want to buy real estate in India need to appoint a power of attorney who can act on their behalf.

There are three types of PoA’s for NRI investment in India:

• A Special PoA has only limited powers, usually restricted to a particular kind of transaction.
• A General PoA can act on behalf of an individual for a wide range of transactions without any limitations.
• A Durable PoA has lifetime powers and can even make decisions for an individual when they’re incapacitated.

With regard to real estate for NRI investment in India, a PoA can:

• Mortgage, exchange, sell, lease, collect rent on behalf of an individual
• Manage and settle any disputes which arise
• Perform acts required by banks and insurance companies and enter into contracts, deal with bonds, sign documents, etc.

NRIs need to file income tax returns for investments if:

• Taxable income in India during that year was above Rs. 1.6 lakhs
• Short-term or long-term capital gains from sale of investments or assets were made (even below Rs. 1.6 lakhs)

The following steps need to be completed to grant someone PoA status:

• Draft the PoA agreement on non-judicial stamp paper
• Visit Sub-Registrar’s office with legal representative and two witnesses
• Carry ID proof, two passport size photographs, copy of PoA agreement along with original
• Signatures, photographs and fingerprints of both parties will be collected
• Visit Sub-Registrar’s office again to collect registered PoA agreement once it’s completed

If you are an NRI looking to buy real estate in India, loans can be made available. Here are the guidelines to follow for home loans that cater to NRI investment in India:

• Period of repayment and amount given as loan shall be decided by the bank providing the loanRate of interest is decided by the RBI or National Housing Bank
• The loan amount will not be credit to the NRE/Foreign Currency Non-Resident (FCNR)/Non-Resident Non-Repatriable (NRNR) account
• Loan installments will be paid through normal banking channels

• Copy of passport
• Copy of work visa
• Address proof (utility bill, bank statement, lease agreement)
• Salary statement for the last 6 months
• NRE/NRO bank account statement for the last 6 months
• Power of attorney documents
• 2 passport size photographs
• Copy of PAN card
• List of documents for salaried/self-employed individuals as well

For those looking to make an NRI investment in India, you will be exempted from filing income tax returns if:

• Long-term capital gains were from equity shares or equity mutual funds
• If tax has been deducted at source from income through investments and or/capital gains income

There are three ways NRIs can file income tax returns:

• They can give power of attorney to someone to file their returns on their behalf
• They can send their documents to an agent in India
• They can file income tax returns online

For NRI investment in India, some of the assets taxable under CGT include:

• House property
• Loans
• Buildings
• Jewellery

Some of the assets which don’t fall under CGT include:

• Capital gains invested in NHAI bonds or in Rural Electrification Corporation
• If long-term capital gains from the sale of a house is invested in buying another house. In such cases, the amount exempted is either the amount of capital gains or the amount invested in buying the new house, whichever is lower

If the property was bought through foreign exchange sources (through normal banking channels/ NRE debit/FCNR account), then amount repatriated cannot exceed:

• Amount paid in foreign exchange through normal banking channels
• Amount paid through NRE debit/FCNR account
• If the property was bought with Indian rupees, NRIs who want to buy real estate in India can remit not more than 1 million USD per financial year from balance held in NRO account.

For NRI investment in India, acquiring the property in itself is not taxable. However, the following are subject to income tax:

• Income gained from property in the form of rent
• Annual value of the house if it is not the only residential property owned by the individual
• Capital gains from sale of the property