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.

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* Builder originally sold the property to Buyer A for 1 Cr.
* Out of which 80 lakh has already been paid, and 20 lakh is still payable to the builder at possession.
* During construction, Buyer A sold the property to Buyer B for 1.50 Cr.
* Buyer B has paid 1.30 Cr to Buyer A, while the remaining 20 lakh will liable to pay directly to the builder at possession.

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1. For Form 141, the sale consideration between A and B should be reported as 1.50 Cr right?
2. If 1.50 Cr is the consideration, what should i mention the transaction as lumpsum or installment? Because only 1.30 Cr is currently paid to A and Buyer B eventually pays the remaining 20 lakh directly to the builder at the time of possession.

If mark it as a lumpsum then sales consideration and amount paid won’t be matching..

If mark it as a instalment then it should be first installment i guess, but for subsequent payment PAN number of deductee will get change.. will it allow me to file the TDS form with different PAN number?

RESPECTED SIR

OURS IS A PVT LTD COMPANY TODAY IS 2ND OCTOBER 2026 WE HAVE NOT YET APPOINTED THE AUDITOR FOR THE YEAR ENDING MARCH 27 IS THERE AN AMPLE TIME TO APPOINT THE AUDITOR FOR THE YEAR ENDING MARCH 2027. IS THERE A DUE DATE FOR SUCH AN APPOINTMENT.

WITH KINDEST REGARDS