Understanding Overseas Direct Investment (ODI) and Latest RBI Guidelines for Indian Investors

by Deepak Madan | Mar 1, 2025 | Blog

Investing in companies or assets outside of India is known as overseas direct investment. Overseas Direct Investment (ODI) allows Indian residents, including individuals, firms, and companies, to invest in foreign businesses or projects. What is the limit of ODI investment? Indian entities can invest up to 400% of their net worth abroad, as per RBI regulations.
Who is eligible for ODI? Resident individuals, partnership firms, limited liability partnerships, and companies can undertake ODI, provided they meet the requirements.
What is overseas direct investment? It is a means for Indian entities to expand globally, establish a lasting interest, and tap into international markets.

The following three categories of investments make up an ODI:

1. Purchasing equity in any unlisted firm or subscribing to a foreign entity’s memorandum of association.
2. An investment of 10% or more of a stated foreign company’s paid-up equity capital.
3.  An investment that represents less than 10% of a stated foreign company’s paid-up equity capital shall be controlled.

Who is eligible to make ODI?

Investments in entirely owned subsidiaries or joint ventures can be made by public and private limited corporations, partnership companies registered under the Indian Partnership Act of 1932, and limited liability partnerships registered under the LLP Act of 2008. Additionally, residents are able to invest abroad. The LRS allows for investments in mutual funds, foreign securities, real estate, and other assets totaling up to USD 250,000 every fiscal year. The investment must abide by the RBI’s reporting guidelines, which include submitting the appropriate paperwork to the RBI and authorized dealers.

Please note that Sole proprietorship and unregistered partnership entities are not eligible to make ODI in WOS or JVs under automatic route.

Mode of ODI payment?

1. Payment mode: The remittance for overseas investments should be made through an Authorized Dealer (AD) bank, which is a bank authorized by the RBI to deal in foreign exchange transactions.
2. Purchase of foreign currency: The foreign currency required for overseas investments must be purchased from the AD bank at the prevailing market rate.
3. Escrow accounts: The RBI may permit the use of escrow accounts or special accounts in specific cases, subject to certain conditions and safeguards.
4. Routing transactions: All transactions related to overseas investments must be routed through the same AD bank, ensuring compliance with the guidelines issued by the RBI.
5. ODI in the form of cash is not permitted.
6. Indian entities may make remittances to their office or branch abroad only for normal business operations. Hence, No ODI is permitted for investment into the branch offices abroad

Knowledge of the Automatic Route

Any monetary commitment up to USD 1 billion in a financial year does not require prior RBI clearance if the Indian party’s entire commitment falls within the acceptable limit under the Automatic Route (i.e., falls within 400% of net worth as per the most recent audited balance sheet).

The Role of Authorized Dealer Category – I Banks

All transactions related to overseas investments must be routed through the same AD bank, ensuring compliance with the guidelines issued by the RBI.

Components of Financial Commitments

Financial commitments in overseas JVs/WOS consist of equity shares, Compulsorily Convertible Preference Shares (CCPS), other preference shares, loans, guarantees (excluding performance guarantees), and bank guarantees (backed by a counter guarantee/collateral by the Indian party).

1. 100% of the number of equity shares and/ or Compulsorily Convertible Preference Shares (CCPS);
2. 100% of the number of other preference shares;
3. 100% of the amount of the loan;
4. 100% of the amount of guarantee (other than performance guarantee) issued by the Indian Party;
5. 100% of the amount of the bank guarantee issued by a resident bank on behalf of the Indian Party’s JV or WOS, provided that the bank guarantee is supported by a counter-guarantee or collateral.
6. 50% of the amount of the performance guarantee issued by the Indian Party, with the condition that prior Reserve Bank approval must be obtained before sending money beyond the financial commitment’s limit if the outflow resulting from the performance guarantee’s invocation causes it to go over.

Conditions for Investments and Financial Commitments under automatic route

Investments and financial commitments in overseas JVs/WOS must adhere to specific conditions:

1. The Indian party/entity may extend loans/guarantees only to overseas JVs/WOS in which it has equity participation. Proposals for financial commitments without equity contributions may be considered by the RBI under the approval route.
2. Indian parties should not be on the RBI’s caution list, defaulters list, or under investigation by any investigation/enforcement agency or regulatory body.
3. Share valuation must be performed by a Category I Merchant Banker registered with SEBI or an Investment Banker/Merchant Banker outside of India registered with the relevant regulatory authority in the host country for investments exceeding USD 5 million in partial or complete acquisitions.
4. When an investment is made through a share swap, the valuation of the shares must be performed by a Category I Merchant Banker registered with SEBI or an investment banker outside of India registered with the relevant regulatory body in the host country.
5. In cases where a registered partnership firm invests in an overseas JV/WOS, individual partners may hold shares on behalf of the firm if the host country’s regulations or operational requirements warrant such holdings.
6. Indian parties may acquire shares of a foreign company in exchange for ADRs/GDRs, subject to specific conditions.
7. Investments in Nepal are permitted only in Indian Rupees. Investments in Bhutan can be made in Indian Rupees or freely convertible currencies. All dues receivable on investments and their sale/winding-up proceeds must be repatriated in freely convertible currencies.
8. Investments in countries identified by the Financial Action Task Force (FATF) as “non-cooperative countries and territories” are not permitted. Investments in Pakistan are permissible under the approval route.

Methods of funding for overseas direct investment include:

1. Drawing foreign exchange from an AD bank in India
2. Capitalizing exports
3. Swapping shares
4. Utilizing proceeds from External Commercial Borrowings (ECBs) or Foreign Currency Convertible Bonds (FCCBs)
5. Exchanging ADRs/GDRs issued by the relevant schemes and guidelines
6. Using balances held in the EEFC account of the Indian Party
7. Proceeds from foreign currency funds raised through ADR/GDR issues.

The obligation of Indian parties (IP) and resident individuals (RI) after making an overseas direct investment:

1. Receive share certificates or other evidence of investment within six months (or a period permitted by the Reserve Bank) from the date of remittance, capitalization, or permission for capitalization.
2. Repatriate all dues from the foreign entity, such as dividends, royalties, and technical fees, within 60 days of falling due (or a period permitted by the Reserve Bank).
3. Submit an Annual Performance Report (APR) in Part II of Form ODI for each JV/WOS outside India by December 31 every year, based on the audited accounts from the preceding year, along with any other prescribed reports or documents.

Additional points to note:

a. The designated AD bank must monitor the receipt of documents and ensure their authenticity.

b. Certification of APRs by a Statutory Auditor or Chartered Accountant is not required for resident individuals; self-certification is acceptable.

c. If multiple IPs/RIs have invested in the same overseas JV/WOS, the one with the maximum stake is responsible for submitting the APR. Alternatively, stakeholders can mutually agree to assign this responsibility to a designated entity.

d. Reporting requirements, including submission of APR, also apply to investors in unincorporated entities in the oil sector.

e. If the host country’s law does not mandate auditing of JV/WOS books, the APR may be submitted based on un-audited accounts if certain conditions are met (e.g., certification by the Indian Party’s Statutory Auditors, adoption and ratification of accounts by the Indian Party’s Board, and not being located in a country under FATF observation or requiring enhanced due diligence).

f. All Indian businesses that have received or made Foreign Direct Investment (FDI) in the past two years must submit an annual report on foreign liabilities and assets (FLA) to the Reserve Bank of India. Every year, the FLA return has to be emailed by July 15.

Overseas Direct Investment (ODI) by Approval Route:

1. Prior approval from the Reserve Bank of India (RBI) is required for all cases of direct investment or financial commitment abroad that do not fall under the automatic route. To seek approval, applicants must submit Form ODI along with necessary documents through their Authorized Dealer Category – I bank.
2. When evaluating such applications, the Reserve Bank takes into account a number of factors, such as:

• The overseas JV/WOS’s viability;

• The contribution to international trade and benefits to India;

• The financial situation and business history of the Indian Party and the foreign entity;

• The Indian Party’s expertise and experience in the same or a closely related field as the JV/WOS.

3. Investments in energy and natural resources sectors exceeding the prescribed limit of financial commitment will be considered by the RBI. Applications must be forwarded by the AD Category-I – I bank as per the established procedure.

4. Proprietorship concerns, unregistered partnership firms, registered trusts, and societies engaged in manufacturing, education, or hospital sectors may make investments in a JV/WOS outside India with prior approval from the RBI. They must meet specific eligibility criteria and submit an application in Form ODI through the AD Category-I – I bank.

• Proprietorship concerns and unregistered partnership firms must be classified as ‘Status Holders’ as per the Foreign Trade Policy, have a proven track record, and comply with KYC requirements.
• Registered trusts should be established under the Indian Trust Act, of 1882, and have their trust deed permitting the proposed investment.
• Societies must be registered under the Societies Registration Act, of 1860, and have their Memorandum of Association and rules allowing the proposed investment.

5. Through an AD Category-I bank, applications should be forwarded to the Chief General Manager of the Reserve Bank of India’s Foreign Exchange Department and Overseas Investment Division. Before sending the application, together with their feedback and ideas, for consideration, the bank must make certain that the terms and criteria are met.

FAQs:

Q.) What documents are required by banks for making ODI?

1. Form FC as prescribed by RBI
2. Form A2 for trade outward remittance as prescribed by RBI
3. Net worth certificate issued by Chartered Accountant
4. Application for making ODI on the letterhead of the applicant (Format provided by the bank)
5. Board Resolution authorizing proposed overseas direct investment
6. Valuation certificate of the overseas party working by an Indian Chartered accountant or A-class investment banker
7. The latest Audited balance sheet of the Indian Entity
8. Memorandum of Association of Indian Entity (Partnership deed in case of partnership firm) and that of overseas Company confirming the object of establishment
9. PAN of the Indian entity
10. Share sale/purchase agreement (SPA)

Q.) Can proprietorship firms and unregistered partnership firms make ODI under an automatic route?

No, proprietorship and unregistered partnership firms cannot make ODI under automatic route but Proprietorship concerns, unregistered partnership firms, registered trusts, and societies engaged in manufacturing, education, or hospital sectors may make investments in a JV/WOS outside India with prior approval from the RBI.

Q.) What is the difference between a joint venture and a wholly owned subsidiary in the context of ODI?

“Joint Venture (JV)” signifies a foreign body constituted, documented, or incorporated in compliance with the legislation and rules of the host nation wherein the Indian Party invests directly. Whereas “Wholly Owned Subsidiary (WOS)” represents a foreign entity created, registered, or incorporated following the laws and regulations of the host nation, with the Indian Party owning its full capital. So the main difference between the both is that in a Joint venture Indian party do not own 100% shares but in WOS Indian party owns 100% share.

Q.) What does Net Worth Include with context to Overseas Direct Investment (ODI)?

For companies, net worth consists of paid-up capital and free reserves and for partnership firms, it includes Partner’s capital.

Q.) What is the maximum permitted amount for making ODI under the automatic route?

The maximum permitted amount for Overseas Direct Investment (ODI) under the automatic route is up to 400% of the net worth of the Indian entity subject to the maximum amount of USD 1 billion.

Q.) Can we invest in installments for ODI?

No, for ODI investment should be made in a single shot but if it is written in the share sale/purchase agreement that the investment can be made in two or three tranches, then it can be made in installments provided that all installments are made within 180 days of making the first installment.

Q.) What is the time limit for submission of proof/share certificate after making an ODI?

Indian investors must receive share certificates or any other valid documentary evidence of investment in the foreign entity as an eligible form of proof. The time limit for submitting this proof to the bank is within six months from the date of remittance.

Q.) What is the highest amount that a person may invest abroad?

According to the LRS’s maximum authorized limit, a resident individual may invest up to USD 250 000 in the equity shares and mandatory convertible preferred shares of a joint venture (JV) or wholly owned subsidiary (WOS) outside of India.

Q.) Is hedging permitted for overseas direct investment?

Yes, Indian entities are permitted to hedge the risk arising out of currency fluctuation through forwards and options contracts.

Q.) What are the prohibited sectors where ODI is not permitted under automatic route?

1. Real estate: Investments in real estate or the purchase of immovable property, except to carry out business operations or establish a legal presence abroad.
2. Banking: Investments in foreign entities that are engaged in banking or financial services, without meeting the specific regulatory requirements.
3. Sectors subject to international sanctions: Investments in countries or sectors that are subject to international sanctions or embargoes, as imposed by the United Nations, the Indian government, or other relevant authorities.
4. Sectors prohibited by Indian law: Investments in sectors that are explicitly prohibited by Indian law, such as gambling and betting, lottery businesses, chit funds, or Nidhi companies.

Q.) What is the time limit for submission of the Annual Performance Report (APR)?

Indian entities that have made an overseas direct investment must submit an Annual Performance Report (APR) to the RBI, through their Authorized Dealer (AD) bank. The APR provides details about the financial performance of the overseas entity and should be submitted within 6 months from the end of each financial year of the overseas entity.

Q.) Should the Indian entity repatriate the profits and dividends earned from their Overseas Direct Investment?

1. Profits and dividends must be repatriated to India within a reasonable time, as per RBI guidelines. The Indian entity should not delay repatriation without valid reasons, and any delay in repatriation should be reported to the RBI through the AD bank.
2. The profits and dividends can be reinvested in the overseas entity, subject to compliance with the ODI guidelines. However, the Indian entity should report such reinvestment to the RBI through their AD bank.
3. Repatriation of profits and dividends should follow the laws and regulations of the host country and applicable tax treaties between India and the host country.

Overseas Direct Investment (ODI) is crucial for Indian investors seeking opportunities beyond domestic markets. The latest RBI guidelines offer valuable information on regulatory requirements and risk management strategies for venturing into international markets. With a comprehensive understanding of overseas direct investment, Indian investors can navigate the complexities of global markets and capitalize on lucrative investment prospects while mitigating potential risks. Staying abreast of ODI regulations empowers investors to make informed decisions, ensuring the success and sustainability of their ventures abroad. As the global economy continues to evolve, Indian investors can leverage ODI opportunities to diversify their portfolios and achieve long-term financial growth.

For any query and plans related to ODI, you may contact IBRLive and obtain professional consultancy.

Top 10 Cheapest Countries to Travel from India This New Year 2025

by Neha Sharma | Dec 31, 2024 | Blog

Understanding Blocked Accounts for Students in Germany: Why Fintiba is the Best Choice for Your Studies

by ibrlive | Oct 15, 2024 | Blog

When preparing to study in Germany, one of the key requirements for international students is opening a blocked account (also known as Sperrkonto). This financial prerequisite is mandatory for those seeking a student visa and plays a crucial role in demonstrating your financial stability while residing in Germany. In this detailed guide, we will explore everything you need to know about a blocked account in Germany, why it is mandatory, the top providers in the market, and a comparison between two of the most popular service providers, Expatrio and Fintiba. We’ll also explain why Fintiba emerges as the superior choice.

1. What is a Blocked Account?

A *blocked account* is a special type of bank account designed to hold a specific amount of money that international students must deposit as proof of financial means before arriving in Germany. The German government mandates that students show they have sufficient funds to cover living expenses during their stay, ensuring that they can support themselves without relying on outside income. The funds in this account are “blocked,” meaning that you cannot access the full amount at once. Instead, a fixed monthly sum is released to you, typically around €992 per month in 2025, to cover essential expenses like rent, food, and transportation. This setup allows the German authorities to ensure that students can meet their living costs without financial hardship.

2. Why is a Blocked Account Mandatory for Overseas Students to Study in Germany?

If you are an international student from a non-EU country, a *blocked account* is a mandatory requirement for obtaining a German student visa. This requirement is in place to ensure that you have enough funds to sustain yourself throughout your studies, as part-time work or scholarships may not always be enough to cover all expenses. The amount required in the *blocked account* for 2025 is €11,904, which translates to a monthly allowance of €992. Without a *blocked account*, it is impossible to get a student visa, and consequently, you cannot begin your studies in Germany. It’s crucial to set up your account early, as processing can take time, and delays could potentially impact your visa application timeline.

3. Different Service Providers Who Facilitate Blocked Account Opening

There are several institutions and service providers that facilitate the opening of a *blocked account* for international students. The most common and trusted ones include:

1. **Fintiba**: Premium full-service provider with comprehensive support, sophisticated product bundles, and ideal for high-risk, high-touch customer segments.
2. **Expatrio** – Another widely-used service that offers blocked account services with additional packages for health insurance and relocation services.
3. **Deutsche Bank** – Some students opt for opening their blocked accounts directly with Deutsche Bank, though this process tends to be slower and more bureaucratic.
4. **Coracle** – Simple, affordable, and fully online option for price-sensitive markets with a flexible “pick-and-mix” model.

4. Comparison Between Expatrio and Fintiba (Why Fintiba is the Winner)

When it comes to choosing a provider for opening your *blocked account* in Germany, Fintiba and Expatrio are often the top choices. Both offer comprehensive services, but there are key differences that make Fintiba stand out as the superior option.

– **User Experience**: Fintiba offers an intuitive and user-friendly online platform. The Fintiba login process is simple, and you can manage your account entirely online. This is particularly useful for students who need to open their accounts quickly and manage them remotely.

– **Processing Time**: Fintiba is known for its fast processing times. The entire process, from opening the account to accessing funds, can be completed within a few days.

– **Partnerships**: Fintiba has partnerships with major German banks, ensuring that your funds are secure and that you have access to the best financial services.

– **Comprehensive Services**: In addition to the blocked account, Fintiba offers health insurance, digital support services, and relocation assistance, making it a one-stop solution for students moving to Germany.

– **Customer Support**: Fintiba provides excellent customer support, offering help in several languages and ensuring that students’ questions and concerns are quickly addressed. **Expatrio**

– **User Experience**: Expatrio also provides an easy-to-use online platform, but it is slightly less intuitive than Fintiba’s.

– **Processing Time**: Expatrio’s processing times are comparable to Fintiba, though there have been reports of slight delays.

– **Additional Services**: Expatrio offers health insurance and service packages that cater to international students. However, the offerings are not as comprehensive or integrated as those of Fintiba.

– **Customer Support**: While Expatrio offers good customer support, it does not have the same level of flexibility and responsiveness that Fintiba offers.

Why Fintiba is the Winner Overall, Fintiba is the clear winner when it comes to opening a *blocked account* in Germany. With faster processing times, superior customer service, and a more comprehensive range of additional services, Fintiba provides a seamless experience that makes the transition to studying in Germany much smoother.

5. How to Open a Blocked Account with Fintiba Opening a *blocked account* with Fintiba is a straightforward process. You can complete the entire procedure online in just a few simple steps:

1. **Sign up with Fintiba** by visiting their official partner link: Open your blocked account with Fintiba
2. **Provide your personal details** – such as passport information, admission letter, and proof of financial means.
3. **Transfer the required blocked amount** – For 2025, this amount is €11,904.
4. **Access your funds** – Once you arrive in Germany and activate your account, you will receive a fixed monthly amount of €992, which will be released to you for living expenses.

The Fintiba login platform allows you to manage everything in one place, making it a hassle-free experience. Conclusion Choosing the right provider for your *blocked account* in Germany is essential for ensuring a smooth start to your studies. With its superior service offerings, faster processing times, and comprehensive student support, Fintiba stands out as the best choice for international students. If you are preparing to study in Germany and need to open a blocked account, consider using Fintiba for a reliable and stress-free experience. To get started, follow this link to open a blocked account with Fintiba (https://partner.fintiba.com/ibrliveindiaprivatelimited).

Ultimate Guide to NRI Status: Everything You Need to Know About Taxes, Remittances, and Accounts

by Deepak Madan | Feb 22, 2024 | Blog

Non-resident Indians (NRI) are individuals who are of Indian origin and are living abroad. An NRI is a person who has lived outside India for more than 182 days in a financial year or who has left India with the intention of residing outside the country for an indefinite period. NRIs may be working or studying abroad or may have migrated to another country for personal reasons.

NRIs have specific financial needs and requirements, which are different from those of resident Indians. The Indian government has implemented various policies and regulations to address these needs and facilitate the smooth transfer of funds to and from NRI accounts.

Permitted Remittances from and to NRI Accounts

NRIs have the facility to open NRI accounts in India, which can be used to remit funds to and from their home country. The types of accounts available to NRIs include Non-Resident External (NRE) accounts, Non-Resident Ordinary (NRO) accounts, and Foreign Currency Non-Resident (FCNR) accounts.

Non-Resident External (NRE) Accounts

An NRE account is a savings or current account that can be opened by an NRI in India. Funds in an NRE account are held in Indian Rupees, and the account holder can repatriate the funds in a foreign currency of their choice. NRE accounts can be held jointly with another NRI or a resident Indian.

The following are the permitted remittances from NRE accounts:

• Funds can be remitted to any account held in the name of the account holder in India.
• Funds can be remitted to the account holder’s foreign account in any foreign currency.
• Funds can be used to make investments in India, subject to the rules and regulations set by the Reserve Bank of India (RBI).
• Funds can be used to make donations to charitable organizations in India.

Non-Resident Ordinary (NRO) Accounts

An NRO account is a savings or current account that can be opened by an NRI in India. Funds in an NRO account are held in Indian Rupees and cannot be repatriated to a foreign currency. NRO accounts can be held jointly with another NRI or a resident Indian.

The following are the permitted remittances from NRO accounts:

• Funds can be remitted to any account held in the name of the account holder in India.
• Funds can be used for local payments in India, such as paying bills, rent, or taxes.
• Funds can be used for investments in India, subject to the rules and regulations set by the RBI.
• Funds can be used to make donations to charitable organizations in India.

Foreign Currency Non-Resident (FCNR) Accounts

An FCNR account is a term deposit account that can be opened by an NRI in India. Funds in an FCNR account are held in foreign currency, and the account holder can repatriate the funds in the same foreign currency. FCNR accounts can be held jointly with another NRI or a resident Indian.

The following are the permitted remittances from FCNR accounts:

• Funds can be repatriated to the account holder’s foreign account in the same foreign currency.
• Funds can be used to make investments in India, subject to the rules and regulations set by the RBI.

Key Difference between NRE & NRO accounts:

While both accounts are designed for NRIs, there are some key differences between them. Here are some of the main differences between NRE and NRO accounts:

1. Purpose of the Account: NRE (Non-Resident External) accounts are used to park and manage funds that originate outside of India. These accounts are typically used for maintaining income earned overseas, such as salary, rent, dividends, etc.

NRO (Non-Resident Ordinary) accounts, on the other hand, are used for managing income that is earned in India, such as rent, dividends, and other types of income that originate from within the country.

1. Repatriation of Funds: One of the key differences between NRE and NRO accounts is the ease with which funds can be repatriated to the NRI’s country of residence. Funds in NRE accounts are freely repatriable, which means that they can be transferred outside India without any restrictions. This means that the funds held in an NRE account can be easily repatriated to the NRI’s country of residence in a foreign currency.

Funds in NRO accounts, on the other hand, are not freely repatriable. The amount of money that can be transferred outside of India from an NRO account is subject to certain limits and requires approval from the Reserve Bank of India (RBI).

1. Taxation: Another key difference between NRE and NRO accounts is the tax treatment of the funds held in each account. Interest earned on funds held in an NRE account is tax-free in India, which means that NRIs do not have to pay tax on the interest earned on these accounts. However, NRIs may be required to pay tax on the interest earned on funds held in an NRO account.
2. Currency: NRE accounts can be maintained in Indian rupees or foreign currency. NRO accounts, on the other hand, can only be maintained in Indian rupees.
3. Joint Accounts: NRE accounts can be held jointly with another NRI, while NRO accounts can be held jointly with an NRI or a resident Indian.

Taxation of Non-Resident Indians (NRI) in India

NRIs are subject to different tax rules and regulations in India compared to resident Indians. The taxation of NRIs in India depends on their residential status, i.e., whether they are considered a resident or non-resident for tax purposes.

Residential Status of NRIs for Tax Purposes

The notification from the income tax department clarifies that an NRI is an individual who is a citizen of India or a person of Indian origin and who is not a resident of India. To determine the residential status of an individual, Section 6 of the Income-tax Act is used. An individual is deemed to be a resident of India if he or she satisfies any of the following conditions:

1. If he or she is in India for a period of 182 days or more during the previous year.
2. If he or she is in India for a period of 60 days or more during the previous year and 365 days or more during the four years immediately preceding the previous year.

However, there are exceptions to these conditions. For example, in the case of an Indian citizen or a person of Indian origin who visits India during the year, the period of 60 days mentioned above is substituted with 182 days. Additionally, an Indian citizen whose total income, other than income from foreign sources, exceeds Rs. 15 lakhs during the previous year is deemed to be a resident in India if he or she is not liable to pay tax in any country.

Tax Implications for NRIs in India

1. Income earned in India: NRIs are subject to tax in India on the income they have earned in India. This includes income from employment, business or profession, rental income, capital gains from the sale of property or investments in India, etc.
2. Income earned abroad: NRIs are not subject to tax in India on the income they have earned abroad. However, they may be required to pay tax on the income they have earned abroad in the country where it was earned.
3. TDS (Tax Deducted at Source): TDS is deducted from the income of NRIs in India, just like resident Indians. The TDS rates for NRIs are higher than those for resident Indians.
4. Double Taxation Avoidance Agreement (DTAA): India has signed DTAA with various countries to avoid double taxation of income. NRIs can claim tax relief under DTAA if they have paid tax on the same income in India and another country.
5. Tax Return Filing: NRIs are required to file a tax return in India if their income in India exceeds the basic exemption limit (currently INR 2.5 lakhs). NRIs are also required to file a tax return if they have any income from capital gains or any income that is not subject to TDS.

Will a student going abroad to study be treated as an NRI?

Yes, a student who is going abroad to study will generally be treated as an NRI (Non-Resident Indian) for income tax purposes in India. The student’s residential status is determined based on the number of days he or she stays in India during a financial year (which runs from April 1 to March 31).

As per the Income Tax Act, an individual is considered an NRI if he or she satisfies either of the following conditions:

1. The individual has been outside of India for 182 days or more during the financial year, or
2. The individual has been outside of India for a period of 60 days or more during the financial year and has been outside of India for a total of 365 days or more in the preceding four financial years.

Read Here: https://ibrlive.com/understanding-the-difference-between-nri-and-pio-key-features-and-benefits/

The Importer/Exporter Code: The Key to Successful International Trade

by Deepak Madan | Feb 22, 2024 | Blog

In today’s global economy, DGFT IEC (Importer Exporter Code) has become a vital component for businesses engaged in international trade. Whether you are an importer or an exporter, it is essential to be familiar with the unique DGFT IEC code used to identify your business and the goods you trade. In this article, we will explore the Importer/Exporter Code (DGFT IEC) and why it is important for businesses engaged in foreign trade.

Importer/Exporter Code (DGFT IEC): What Is It?

The Directorate General of Foreign Trade (DGFT) of India issues Importer/Exporter Codes (DGFT IEC), which are 10-digit unique codes. Businesses involved in international trade use this special identification number to let customs officials and other government organizations know who they are.

All companies engaged in import or export business activities from India must have an IEC issued by DGFT. The DGFT IEC is a one-time registration, and once a business is registered, it remains valid for all future imports and exports.

The registration process is straightforward and can be done online through the DGFT official website. Businesses are required to provide basic information about themselves, such as their legal name, address, and contact details, as well as information about their business activities.

The Importer/Exporter Code (DGFT IEC): Why Is It Important?

DGFT IEC certification is a crucial prerequisite for companies involved in international trade. Banks and other financial institutions use it to handle foreign payments, while customs authorities rely on it to monitor the movement of goods within and outside the country.

Businesses cannot import or export products from India without an IEC code issued by DGFT. Moreover, the DGFT IEC is also essential for businesses that wish to take advantage of various government schemes and incentives.

For example, companies registered under the Export Promotion Capital Goods (EPCG) scheme or other export incentive programs are required to have a valid DGFT IEC.

How to Get an Importer/Exporter Code (DGFT IEC)?

To obtain an IEC from DGFT, businesses need to apply through the DGFT’s online portal. The process is simple and user-friendly.

Steps to apply for a DGFT IEC code:

1. Visit the DGFT IEC application page.

2. Register using your PAN details.

3. Fill in your business and contact information.

4. Upload required documents and pay the application fee (₹500).

5. Once verified, the DGFT IEC is issued digitally within a few days.

Am I Eligible to Have an IEC Without Having a GST Number?

Yes, you can apply for a DGFT IEC even without a GST number. The DGFT does not make GST registration mandatory for obtaining an IEC code.

Can a Person Obtain an IEC Code?

Yes, an individual or firm can apply for an IEC through DGFT. Individuals can use either their personal name or business name for registration. Any person or entity looking to conduct import or export business must have a valid DGFT IEC.

Conclusion

For enterprises involved in international trade, having a valid DGFT IEC code is a prerequisite. This special identifying number helps customs officials and government authorities track and verify the movement of goods across borders.

All companies that ship or import goods from India must possess an IEC issued by DGFT; otherwise, they cannot legally engage in international commerce.

To ensure smooth, compliant, and hassle-free global trade operations, every importer or exporter should secure their DGFT IEC as early as possible.

Frequently Asked Questions (FAQs)

1. What is IEC full form?

IEC full form stands for Import Export Code. It is a 10-digit identification number issued by the Directorate General of Foreign Trade (DGFT), Government of India. Every business or individual engaged in importing or exporting goods and services from India must have an IEC to conduct international trade legally.

2. What is IEC code in India?

The IEC code in India is a unique registration number that authorizes businesses to import or export goods across Indian borders. It acts as a key identification number for companies in all customs and foreign trade transactions.
Without an IEC, businesses cannot avail of benefits under foreign trade policies, open international trade bank accounts, or process customs clearance for imports and exports.

Key points about IEC code in India:

• Issued by DGFT (Directorate General of Foreign Trade).

• Required for both individuals and companies involved in foreign trade.

• No need for renewal – it has lifetime validity.

3. How to apply for an IEC code in India?

You can apply for an IEC online through the official DGFT website (https://www.dgft.gov.in).
Steps include:

1. Visit the DGFT portal and register using your business PAN.

2. Fill in your business details and upload the required documents.

3. Pay the government fee (usually ₹500).

4. Once approved, you’ll receive your IEC digitally.

4. What is IEC in ISO standard?

In the ISO (International Organization for Standardization) context, IEC stands for International Electrotechnical Commission.
The IEC in ISO standard refers to a global organization that develops and publishes international standards for electrical, electronic, and related technologies.

For example, ISO/IEC standards (like ISO/IEC 27001 for information security) are jointly developed by ISO and IEC to ensure global consistency and quality across industries.

5. Is IEC code and ISO IEC the same?

No, they are completely different.

• The IEC code (Import Export Code) in India is used for international trade identification.

• The ISO/IEC refers to international technical standards set for electrical and electronic systems.

6. Who needs an IEC code in India?

Any individual, company, or partnership that wishes to:

• Import goods or services into India, or

• Export goods or services outside India,
  must obtain an IEC code.

It’s also essential for export incentives, bank remittances, and customs documentation.

7. Can I export without an IEC code in India?

No, you cannot legally export or import without an IEC code.
However, certain exceptions exist, such as for government departments and charitable institutions that are not involved in commercial trade.

8. What documents are required for IEC registration in India?

To apply for an IEC code, you’ll need:

• PAN card (individual or company)

• Address proof of the business

• Bank account details

• Digital photograph of the applicant

• Cancelled cheque copy

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