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Tax implication in India & US on foreign remittance for NRI.

Quick tips to save tax in India & US, on Foreign Remittance for NRIs from India

A. Tax Collection at Source (TCS) on Foreign Remittances

  • TCS is a tax collected when money is remitted from India under the Liberalised Remittance Scheme (LRS).
  • The LRS limit allows Indian residents to remit up to $250,000 per financial year.
  • NRIs cannot use LRS, but they can repatriate funds from their NRO accounts up to $1 million per RBI rules.
  • TCS rates vary based on the purpose of remittance.
  • If PAN is not submitted, TCS rates double.

2. Foreign Remittance Tax for NRIs from the USA to India

A. Gift Tax Rules in the USA

  • Tax-Free Gift Limit: Up to $18,000 per person per year (2024).
  • Gifts exceeding this limit must be reported to the IRS using Form 709.
  • Lifetime Gift Tax Exemption: $13.61 million (2024).

B. Reporting Foreign Bank Accounts (FBAR & FATCA)

  1. FBAR (Foreign Bank Account Report)
    • NRIs in the USA must report foreign bank accounts exceeding $10,000 to the US Treasury using FinCEN Form 114.
  2. FATCA (Foreign Account Tax Compliance Act)
    • If total foreign financial assets exceed $50,000, they must be reported using IRS Form 8938.

C. Tax on Remittance to India from the USA

  • No tax on transferring personal savings to India.
  • Income sources (salary, business profits, etc.) must be reported on US tax returns.
  • Interest earned on Indian bank accounts (NRO accounts) is taxable in the USA.

3. Tips for NRIs Sending Money from the USA to India

  1. Keep Gifts Below $18,000 Per Year
    • Ensures the transfer remains tax-free under US law.
  2. Use an NRE Account for Investments
    • Income earned in NRE accounts is tax-free in India.
    • Helps avoid double taxation.
  3. Monitor FBAR & FATCA Limits
    • Keep bank balances below reporting thresholds to avoid compliance issues.

 Also Read: Mis-Selling of Financial Products: A Growing Concern for NRIs

 

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