NRO Account Compliance: A Complete Guide

NRO (Non-Resident Ordinary) Accounts allow NRIs (Non-resident Indians) to manage their income or deposits generated in India. With an NRO account, you can receive funds in either Indian or foreign currency. The account is maintained in Indian Rupees (₹) based on prevailing exchange rate (if you receive funds in foreign currency that is). 

However, based on FEMA (Foreign Exchange Management Act) guidelines, there are certain rules and regulations associated with NRO Accounts that depositors should be aware of. In this blog, we have simplified NRO Account compliance rules and regulations so that NRIs can open and maintain an NRO Savings and/or Fixed Deposit Account worry-free.

Who Qualifies as an NRI?

An NRO account is a rupee-denominated account that allows NRIs to manage their income earned in India. This includes income from rent, dividends, pension, interest, etc., as well as proceeds from assets like immovable property acquired in India. NRO accounts can be opened as current, savings, recurring, or fixed deposit accounts.

To open an NRO account, you need to be a person resident outside India as per the Foreign Exchange Management Act (FEMA), 1999. Now, who qualifies as an NRI? As per FEMA rules, any Indian citizen residing overseas (excluding Nepal and Bhutan) for more than 182 days in a financial year can be deemed as an NRI. Or if an Indian citizen has demonstrated an intent with supported documents to reside abroad for an uncertain period can be deemed as an NRI. 

This definition or classification of NRIs, however, is slightly different from the classification set by the Income Tax Act, 1961. As per the rules, an individual cannot be considered as an NRI if he/she have been in India for 182 days or more during the previous Financial Year; or were in India for a period of 60* days or more during the previous Financial Year and 365 days or more during the four years immediately preceding the previous Financial Year.

Now, let's understand how NRIs can maintain compliance to avoid any hassles.

Maintaining NRO Account Compliance

To maintain compliance with your NRO account, it's essential to be aware of the permissible credits and debits allowed under the regulatory framework. Let's explore these two key aspects of NRO account compliance:

1. Permissible Credits

(i) Proceeds of remittances from outside India through normal banking channels received in freely convertible foreign currency.

Example: Mr. Sharma, an NRI, receives a rental income of USD 1,000 per month for his property in India. He can credit this amount to his NRO account as it represents a legitimate credit.

(ii) Transfers from rupee accounts of non-resident banks.

Example: Ms. Patel, an NRI, wants to transfer funds from her rupee account with a non-resident bank to her NRO account in India. This transfer is permissible under the regulatory guidelines.

2. Permissible Debits

(i) Local payments in Indian Rupees, including investments in India, subject to compliance with relevant regulations made by the Reserve Bank of India.

Example: Mr. Kumar, an NRI, wishes to invest in shares of an Indian company. He can make the payment for these shares directly from his NRO account as it falls under the category of local payments.

(ii) Remittance outside India of current income like rent, dividend, pension, interest, etc., earned in India.

Example: Ms. Rao receives dividends from her Indian investments and wants to remit them to her overseas bank account. She can do so by debiting her NRO account as it constitutes remittance of current income.

Tax Compliance and Documentation

It is essential to comply with tax regulations while maintaining your NRO account. Ensure that you file your income tax returns in India and declare any income earned within the country. The remittances from your NRO account (net of applicable taxes) should be made based on appropriate certification by a chartered accountant. 30% TDS plus surcharge and cess are applicable on the interest income. 

However, to avoid double taxation in India and your country of residence, you can avail tax credit under DTAA (Double Taxation Avoidance Agreement). We have explained it here.

Documentation required for opening and maintaining NRO Account compliance includes:

• Application form for converting resident Indian account to an NRO account.
• Identity proof and address proof.
• Passport-size photographs.
• Foreign Account Tax Compliance Act (FATCA) declaration or Common Reporting Standard (CRS) as applicable.
• Permanent Account Number (PAN) card or Form 60.

As per FEMA guidelines, once you are classified as an NRI, you have to convert your existing Savings Account to an NRO Account.