Form 146 foreign remittance us citizen

We are initiating an outward remittance of ₹6 Crore from my NRO Account to my personal US bank account under the USD 1 Million Non-Resident Repatriation Route.I am a US citizen with an intention to leave India permanently. Therefore, under FEMA rules, my status is Non-Resident, which matches the NRO account operations. However, during the current financial year, I physically stayed in India for more than 182 days. Consequently, under Section 6(1) of the Income Tax Act, my tax residential status is Resident (RNOR), and my capital gains taxes have been paid entirely via resident tax slabs.Our Chartered Accountant is facing a system conflict when generating Form 146:If the Remitter profile is marked as "Resident" (matching my actual Income Tax status and tax challans), your system flags it because a Resident cannot utilize the NRO repatriation route.If the Remitter profile is changed to "Non-Resident" to satisfy the bank, it creates a structural mismatch with the resident tax slabs used to pay the government. Can I issue from 146 as a non resident remmitter for bank sake

 

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Quick Summary
A US citizen is facing a dilemma when remitting funds from their NRO account to the US under the $1 Million repatriation route. While their FEMA status is Non-Resident for repatriation, their physical stay in India makes them a tax Resident (RNOR) for income tax purposes. This creates a conflict when filling out Form 146, as marking 'Resident' flags the NRO repatriation, but marking 'Non-Resident' mismatches tax challans. The advice is to maintain 'Resident (RNOR)' status on Form 15CB and provide a written explanation to the AD Bank regarding the FEMA Non-Resident status for the remittance.

No. Misrepresenting residential status in Form 15CB causes severe tax mismatches on the IT portal. Maintain Resident (RNOR) status on Form 15CB to match tax challans, and submit a written reconciliation/declaration to the AD Bank explaining the FEMA Non-Resident status for the $1M repatriation route.

Bank is not ready to accept the fema rules.

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