Navigate FEMA regulations with expert advisory for smooth and compliant cross-border transactions.
Two accounts sit at the centre of most NRI FEMA questions, and mixing them up causes most of the problems we see. An NRE account holds foreign earnings, is fully repatriable, and the interest is tax-free in India. An NRO account holds India-sourced income, rent, dividends, pension, and while it’s also repatriable, it comes with a cap and a certification step that NRE funds don’t need.
From an NRO account, repatriation is capped at USD 1 million per financial year, and that ceiling covers more than just your account balance, it includes sale proceeds of investments, deposits, and property, and inherited assets too. Before the money moves, a Chartered Accountant has to certify the source and tax position through Form 15CA and, where required, Form 15CB, we cover that certification process in detail on our 15CA/15CB Filing page rather than repeating it here.
Selling immovable property in India as an NRI comes with its own conditions: the property must have been acquired in the first place through funds or a route that FEMA actually permits, repatriation is generally limited to the sale proceeds of up to two residential properties, and the funds have to be routed through an NRO account with the CA certification in place before they leave India. Skipping any one of these steps is what usually turns a routine sale into a stalled remittance.
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FEMA is a legislation of foreign exchange in India.
The cross-border transactions need people, corporations, and organizations to adhere accordingly.
Common requirements are presented by FDI/ODI reporting, remittances and foreign asset disclosures.
Failure to comply may result in fines and prosecutions.