May 12, 2017 09:52 IST
ediffmail.com
As protectionism
grows from the United States to Australia, Sanjay Kumar Singh draws up a
comprehensive financial checklist for those shifting to India.
IMAGE: Not just the US,
even for those who have migrated to West Asia, obtaining citizenship is
difficult, necessitating a return at the end of their work
tenure. Photograph: Rupak De Chowdhuri/Reuters.
With United States
President Donald Trump ordering a review of the H-1B visa programme in the US, there are
widespread fears among Indians working in the information technology sector
there that they may have to return home.
For those who have
migrated to West Asia, too, obtaining citizenship is difficult, necessitating a
return at the end of their work tenure.
Whatever the reasons for
returning, non-resident Indians (NRIs) need to plan the shift meticulously.
Besides finding a job that does justice to their skills and getting their
children admitted into the right schools and colleges, they also need to handle
the financial aspects of the transition well.
Tax residency status
Upon his return, an NRI
first needs to determine his residency status for the purpose of income tax.
This depends on the number of days he has been present in India.
"India follows a
physical presence test as the sole criterion for determining an individual's
residential status for income tax purpose," says Suresh Surana, founder,
RSM Astute Consulting.
An individual can fall
in any of these three categories: resident and ordinarily resident (ROR),
resident but not ordinarily resident (RNOR, an intermediate stage for returning
NRIs), and non-resident (NR).
His residency status
will determine how he is taxed.
During the first
financial year after his return, assuming that he spends more than 182 days in
India, his residential status will be that of a resident. However, if out of
the preceding 10 years, he has been a non-resident for at least nine years, his
status will be RNOR, irrespective of the period of stay in India during the
first year.
In the second year also,
similar rules will apply and he may remain a RNOR.
"If he qualifies
for RNOR status in the first two years, he can stay throughout the year in
India without any adverse tax implication on income accruing or arising outside
India, except income accruing outside India from a business controlled in
India," says Surana.
In the third year,
assuming that he has been resident during both the first two years, he can
claim RNOR status only if his stay in India is for 729 days or less in the
seven years immediately preceding the third year. Otherwise, he will become an
ROR and his global income will be taxed in India.
In subsequent years, the
benefit of RNOR status will no longer be available and he will become an ROR.
Re-designate bank
accounts
Upon his return, an NRI
must inform his bank about the change in his residential status. He will need
to get his NRI accounts re-designated into resident accounts.
"An NRI should
re-designate his non-resident ordinary (NRO) savings account into a
resident savings account. The balances in non-resident external (NRE) accounts
should be re-designated to resident rupee accounts or to resident foreign
currency (RFC) account. The foreign currency non-resident (FCNR) deposits may
be allowed to continue till maturity at the contracted rate of interest,"
says Pralay Mondal, senior group president, retail and business banking, YES
Bank.
Also, a resident demat
account should be opened and shares or units transferred to it from his NRI
demat account.
An NRI needs to approach
his bank and submit requests for carrying out these changes.
Taxation of interest
earned on savings account will also change once they are re-designated.
Interest on NRE accounts, which has been re-designated to resident rupee
account, will become taxable. Interest on NRO account was taxable earlier and
will be taxable after re-designation, too.
During the period that
an NRI has the status of an RNOR, interest on RFC and FCNR accounts will be
exempt.
Buy insurance cover
The policies that a
returning NRI needs to buy depends on what he is able to bring back with him.
"The life insurance
policy he had bought abroad may cover him even after he moves to India as their
coverage is worldwide. But the health policy may not work in India since it
operates only within a certain geography," says Arvind Laddha, deputy
chief executive officer, JLT Independent Insurance Brokers.
Returning NRIs will have
to buy an appropriate health insurance policy for themselves and their family.
In case an NRI needs to
buy life insurance, he should understand the exclusions and the claims settlement
process.
"The documentation
required at the time of claim settlement should not be too complex," says
Laddha.
In case of health
insurance, the NRI may be accustomed to a policy that allowed him to get
treated in any geography of his choice. Most health policies in India only
cover treatments done within the country. The NRI needs to understand this
difference.
In addition, he needs to
examine the same issues that a resident needs to: Waiting periods, exclusions,
sub-limits, co-payment clauses, etc.
Don't rush to buy real
estate
Give a lot of thought to
whether you should buy a house immediately upon return or wait for some time.
"If someone has
been coming back to India regularly and likes a particular city, has friends in
it, or had lived in it prior to moving abroad, he may find it easier to decide
on the city. If not, an NRI should first settle into a rented house, find his
bearings, and then buy after some time," says Lovaii Navlakhi, founder and
CEO, International Money Matters.
Verify the developer's
credentials before purchasing from him. Visiting his past projects and speaking
to people living in them will give him an idea of the quality of construction
and the likelihood of timely delivery.
If in doubt, opt for a
ready-to-move-in property.
"Get information on
the infrastructure planned in the region. Connectivity to key areas and central
markets should be a key consideration. If an NRI is not well versed with the
local realty market, he should avail the services of a reputed
consultant," says Anupam Rastogi, principal partner, Square Yards.
The real estate market
in India is in the midst of a slowdown. Any purchase for investment purpose
should only be done with a sufficiently long horizon of 7-10 years.
Sanjay Kumar Singh
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