A Non-Residential Indian is a citizen of India who lives abroad for employment, business or vocation purposes for an uncertain amount of time.
NRIs do not require the permission of the Reserve Bank of India in order to purchase immovable property and can obtain loans for the purchase of such property from certain financial institutions. However, the repayment of the loan must be made within 15 years of taking the loan. Furthermore, NRIs must have stayed in India for a period of 182 days or more within an assessment year or they should have stayed in India for at least a total of one year or more.
NRI investors have different conditions for purchase than residents. He/she must be at least 21 years of age with a minimum of $2000 monthly income. An NRI is not allowed to make Equal Monthly Installments (EMI) through any source other than his/her NRE/NRO account. The eligibility of loan will be determined on a number of factors such as income stability, number of dependents, repayment capacity, cost of property etc. and can range from 5 lakhs to 1 crore. As in the case of a resident, an NRI can enhance his home loan eligibility by applying with a co-applicant who has a separate source of income.
An applicant will be eligible for a maximum of 85% of the cost of the property or the cost of construction as applicable and 75% of the cost of land in case of purchase of land, based on the repayment capacity of the borrower. Furthermore, the interest rates on home loans for NRIs are higher than those offered to residents. The amount differs by 0.25%-0.50%. Some Housing Finance Company's also having an internally earmarked 'negative criterion' for NRI home loans. As such, the NRIs who hail from locations that are marked as being 'negative' in the books of HFCs, find it difficult to get a home loan.
NRI's can invest in any immoveable property in India except the following
Payment of purchase price for acquisition of property can be made only through the following:
NRIs may acquire property in India by ways other than purchase: An NRI being a PIO can acquire immoveable property by way of a gift from the following:
An NRI being a PIO can acquire immoveable property by way of inheritance from a person resident outside India (who has acquired the property as per the provisions of law as may be applicable with respect to foreign exchange).
Transfer of Immoveable Properties in case of an NRI citizen of India:
Investment in a property in India should not give rise to any income-tax implications for an NRI.
Income from letting out the property would be taxable under the head 'Income from House Property'. Typically, the actual rent received being higher than deemed values, would be taxable in India, at regular slab rates [current maximum slab rate is 30.9 percent]. Deductions such as (a) standard deduction of 30 percent of the annual value (i.e., rent received/ receivable); (b) certain interest costs in respect of the property could be claimed by an NRI. Where the property is not let out, mitigating tax levy on deemed rental values could be explored having regard to facts.
In connection with the above, it should be noted that the benefit of indexation would not be available. However, NRIs could explore the option of claiming certain specified exemptions (subject to conditions) in respect of capital gains arising from sale of property.