Contents
Definition
"Non-repatriable" describes funds held in India that cannot be freely remitted abroad under the Foreign Exchange Management Act 1999 (FEMA) and RBI Master Direction FEMA.5(R)/2016-RB. Funds are non-repatriable primarily because they originate from Indian-source income (rental receipts, dividends, business income earned in India) or were invested through an NRO account or on a specifically designated non-repatriable basis. The classification attaches to the account or investment route chosen, not the investor. Non-repatriable funds may be used freely within India — for investments, purchases, or transfers to other Indian accounts — but crossing the border requires either meeting RBI's conditional USD 1 million per year cap (for NRO) or obtaining specific RBI approval.
What Is Non-Repatriable
Under FEMA and RBI Regulations:
- NRO account balances (general): Non-repatriable, except within the USD 1 million per year conditional cap with documentation
- Investments made from NRO account: Mutual fund units and equity purchased via NRO-linked demat are non-repatriable unless specifically permitted under SEBI/RBI Foreign Investment Regulations for the repatriable route
- Indian property sale proceeds held in NRO: Non-repatriable beyond USD 1M per year without RBI approval
- PPF (Public Provident Fund): NRIs cannot open new PPF accounts (since 2017); existing accounts' maturity proceeds must go to NRO only — non-repatriable under general rules
- EPF (Employee Provident Fund): Accumulated balance from Indian employment before emigration; can be withdrawn domestically or transferred to NRO
Tax Treatment
Non-repatriable funds are subject to Indian tax on any income or gains generated from them. Interest on NRO balances: TDS at 30% plus 4% cess under Section 195 of the Income Tax Act 1961 (reducible under DTAA with a Tax Residency Certificate plus Form 10F). Capital gains on non-repatriable equity investments: short-term at 20% (post Finance Act 2024) or slab rates for debt; long-term at 12.5% above Rs 1.25 lakh (equity). The "non-repatriable" classification only affects the ability to move money out of India, not the Indian tax computation itself.
Practical Restrictions on Remittance
Non-repatriable funds can be sent abroad up to USD 1 million per financial year (April 1 to March 31), subject to:
- Payment of all applicable Indian taxes and TDS deduction
- Filing Form 15CA (self-declaration on incometax.gov.in) plus Form 15CB (CA certificate for amounts over Rs 5 lakh)
- Authorised Dealer bank review and approval
Amounts above USD 1M in a financial year require prior RBI approval from the Foreign Exchange Department, New Delhi. Sale proceeds of immovable property (other than agricultural land or plantation) by NRIs can be remitted up to USD 1M per year with this documentation, per RBI FAQ on NRI Remittances.
Worked Example
Suresh, an NRI in the US, receives Rs 12 lakh rental income annually into his NRO account. TDS is deducted at 31.2% (Rs 3.74 lakh). He files ITR-2, claims Section 24 property deductions, and gets a Rs 60,000 refund. He wants to send USD 15,000 (approximately Rs 12.5 lakh) to his US account. He submits Form 15CA online and has his CA issue Form 15CB certifying that Rs 12.5 lakh is within the USD 1M annual cap and that taxes have been paid. His bank processes the SWIFT transfer within 2-3 working days. The remaining balance in his NRO stays in India until next financial year's USD 1M allowance refreshes.
Common Mistakes
- Investing NRO funds and expecting repatriation: Units purchased with NRO money are non-repatriable even if the fund itself is on the repatriable scheme list. The route designation must be made before investment.
- Missing the financial-year cap reset: The USD 1M cap resets April 1 each year. Large remittances can be strategically split across year-ends.
- Assuming PPF is repatriable: PPF maturity for NRIs must be credited to NRO; it is non-repatriable without going through the NRO USD 1M mechanism.
See Also
- NRO Account
- Repatriable Funds
- LRS (Liberalised Remittance Scheme)
- NRI Investing from Abroad — Complete Guide
Primary Sources
- RBI Master Direction FEMA.5(R)/2016-RB — rbi.org.in
- RBI Master Direction on Remittance Facilities — rbi.org.in
- Income Tax Act 1961, Section 195 — incometax.gov.in
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