Q: I am NRI from Sydney, Australia. I am planning to purchase first investment property in India. My investment strategy is to leverage high captial growth in India and bring money can to Australia and invest it on high yield (rental income) property here with minimum aussie loan.
My questions are
1. Best way to buy construction property keeping stamp duty/other expenses as low as possible? Thru NRE or NRO account or on relatives name?
2. Best way to repatriate money back to Australia keeping tax as low as possible? Thru NRE or NRO account or relative gifting property to me and I sell that property and deposit sell money in NRE account ?
Hi Eric..as such NRI's cannot acquire any type of agricultural land or farm house in India. But if you can take special permission from the Reserve Bank and also in consultation with Indian government then it is possible to acquire such kind of lands.
Yes Eric it need to be get attested from embassy else it will have no value.There is a particular POA format(to for purchasing an apartment. You need to pay the required amount i.e fee in US dollars for the endorsement and send it to your parents.Once it is notarized by the Indian Embassy then there is no need to notarize in USA and then your mother can buy property on your behalf.
Hi, I am also an NRI from USA..I am thinking to buy a flat in India. My mother will purchase on my behalf and i want to give power of attorney to my mother for this purchase. Have some questions like Is there any need to notarize the Power or Attorney..?? or should i get it attested from Indian embassy in USA..??
Hello Mkboline.. restriction of 2 residential property is per individual not per household. Repatriation is only permitted through a bank account which you have in India, even if such account is a Non-Resident ordinary account, provided you have paid all your taxes. If you buy a property in name of your relative and then they gift you..there is no tax for that but make sure that the purchase of property was done with rupee sources. And yes you don't have to hold your property for 10 years.
Hi Lokesh..let me correct you..If the property was acquired out of Rupee sources, NRI may remit an amount up to USD one million, per financial year, out of the balances held in the NRO account. It also includes sale proceeds of assets acquired by way of inheritance or settlement.
To avoid all these issues, is it not Bette to just send money to parents account in regularly in small amount and purchase. Contruction linked plan. Lateron, when they sell off property,they can send all sales proceed to us as a gift. I think outward remitance limit is 1 mil USD as well. Your thoughts?
Thanks for your reply. 1) Is the restriction of 2 residential property per individual for per household. I have a spouse and a baby. Can they also own 2 residential property and sell it to send profit back to overseas? 2)Is it better to buy property from NRE or NRO account or parent’s name (who can lateron gift)? . If buying on parents name , Is there a limit on the gift amount per year where gift amount is income from rent or sales proceed. Tax on this gift? 3) since there is no limitations in repatriating sales proceed of commercial property, is it possible to re-invest sales proceed of more than 2 residential properties into a expensive commercial property and then repatriate the sales proceed from commercial property?
Hii..if you are purchasing a property by your NRE account then you can only repatriate the amount that you have spend on acquiring the property. I hope you know that here the restriction is that you can only repatriate money for two residential properties But if you use your NRO account then the restriction is more i.e you cannot repatriate that money for ten years and on the payment of taxes you can take your money back. And if you but property in the name of you parents then it becomes your inhereted property and for this the government allows you to repatriate almost 4 crore in a year. Furthermore if you have any confusion, it is best to take a legal advice from property lawyers. Please do confirm the above things and do let me know.