Dear ICAI NRI Helpdesk Team,
I’m seeking your guidance on the correct FEMA and tax requirements for a three‑step transaction involving a domestic gift, an NRO → NRE transfer, and a subsequent overseas remittance.
Scenario:
My father has transferred his own tax‑paid personal savings to my NRO account as a domestic gift. I plan to move these funds from NRO → NRE (internal reclassification within India), and later remit the funds from NRE → USA/Canada to my overseas bank account.
Since each stage falls under a different FEMA category, I want to confirm the correct documentation and compliance requirements for all three steps.
Step 1 — Father → Child’s NRO (Domestic Gift Transfer)
1) Could you please confirm what documentation is required at this stage? Do we need any kind of documents at this stage?
2) My understanding is that a simple Gift Deed and bank transfer proof are sufficient.
3) Is there anything else required?
Step 2 — NRO → NRE (Internal Reclassification)
1) Could you please confirm what documentation is required at this stage? Do we need any kind of documents at this stage?
2) My current understanding is:
NRO → NRE Transfer Form
Form 145
Gift Deed
Account verification (cheque leaf/screenshot)
I also request clarification on the following points:
Whether a CA certificate (Form 15CB/15CA/146) is required when the source of funds is a domestic gift from a parent.
Whether TCS applies to an NRO → NRE transfer, considering that TCS is generally applicable only to outward foreign remittances under LRS.
Step 3 — NRE → USA/Canada (Outward Remittance)
For the final outward remittance, could you confirm whether the following documents are sufficient? Do we need any kind of documents at this stage?
Form A2
Purpose code
Passport
PAN
NRE bank statement
Gift Deed (for source‑of‑funds clarity)
If any additional documentation is required at this stage, please advise.
Your guidance will help ensure that I follow FEMA and Income‑tax rules correctly at each step.
Thank you,
Kapil Gupta.
Dear Sir
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With kindest regards
TARIQUE RIZVI
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Clarification Requested: Gift → NRO → NRE → Overseas Transfer - USA/CANDA (FEMA & Tax Compliance)