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Funds transfer to usa and taxation benefits

Tax planning 344 views 5 replies

My son (NRE) has gifted Rs.50/-lakh to her mother in F.Y. 2018-2019 by sending remittance from USA and amount is credited to her in ordinary savings bank account in rupee. Hence we have filed ITR of mother first time due to income from interest on funds received. Mother does not want gift from son and she wants to return the same to son.

1. Whether mother can return and transfer gifted funds in foreign currencey i.e. in US$. Is RBI Permission or permission of any authority is necessary. Please advise if any circular or rules applicable from Government Authorities.

2. Son may get USA Citizen Ship in this financial year. Whether ITR status of son(NRE) will be changed from NRE to Foreigner. If so, whether son will get benefit of taxation which is available in NRE status for income earned in India after conversion of status to foreign citzenship.

3.Son has various insurance, unit plans, savings in India. He may get amount from hereditory assets etc.including from "Will" made by relatives. Whether all such funds can be remitted to USA  when son has USA citizenship or in NRE status. Are there taxes on funds he may receive.

Son has choice to continue NRE status or apply for Citizenship. Which status is beneficial for him.

Replies (5)
There are many queries which are required to be examined under RBI rules, Banking Rules NRI rules. it's better you gather latest info at least from the bank.

I don't understand why you want to treat 50 lakhs as loan (instead of Gift ) and then return in future.

Bcoz for overseas loans there are many rules
under RBI

Thanks Kapadia sir. Rs.50/- lakns are received by mother as gift and no question of Loan. She does not want Gift and she wants to return to son in US$ on account of unacceptable gift. Money of son will go back to son in US $ as son has remitted to mother in US$ converted to rupee while crediting to mother's Bank account. No overseas loan is here.

Thanks Kapadia sir. Rs.50/- lakns are received by mother as gift and no question of Loan. She does not want Gift and she wants to return to son in US$ on account of unacceptable gift. Money of son will go back to son in US $ as son has remitted to mother in US$ converted to rupee while crediting to mother's Bank account. No overseas loan is here.

It's so simple Sir,
Mother to treat 50 lakhs as gift from son.
when mother returns 50 lakhs , treat it as gift by mother to son.
Question of loan won't arise.
Check RBI formalities.

Thanks Kapadia Sir,

 


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