This discussion clarifies the process of sending approximately Rs 7 Lakhs abroad to an NRI daughter-in-law under the Liberalised Remittance Scheme. It confirms that a daughter-in-law is considered a 'close relative' for this purpose. The funds can be classified as 'maintenance' or a 'gift', with no different rules or limits for either. Importantly, such transfers are generally tax-exempt under the 'gift from relative' definition and can be sent directly from a resident savings account via wire transfer without needing to go through the NRI's NRO account.
27 November 2023
Sir, A resident individual intends to send under Liberalized Scheme an amount of Rs Seven Lacs approx to his daughter-in-law (Son's wife ) who is NRI and is employed abroad. Hence following queries :- 1. Is ' Daughter-in-law ' as a recipient , covered under the definition of ' Close Relatives ' for purpose of sending money abroad to her . 2. Can it be classified as- for purpose of ' Maintenance ' OR it has to categorized as a ' Gift ' while filling form at remitter bank's counter. ? 3 Is there different rule / limit applicable when sent for ' Maintenance purpose ' or for 'Gift purpose ' ? 4. Is it exempted under both situations of ( maintenance or gift ) and is covered under definition of ' Gift from Relative ' and will not attract any ITax .? 5. Can it be sent directly from resident saving a/c to NRI 's foreign bank abroad thru wire transfer . ? 6. Is there compulsory rule to transfer this amount to NRO a/c of daughter-in-law if it is an ' exempted gift ' .?