
Hello!
I am currently living abroad and hold permanent residency in New Zealand. However, I still maintain a savings account with HDFC Bank and demat accounts with Zerodha and Religare in India. The total approximate value of these accounts is Rs. 8,00,000 (Rs. 7,50,000 in stocks and Rs. 50,000 in the bank account).
As my residential status has changed, I would appreciate your advice on the best course of action. Specifically, I am considering the following options:
1. Convert my existing savings and demat accounts into NRI accounts.
2. Close my demat accounts, transfer the funds to my bank account, convert the bank account to an NRI account, and then open a new NRI demat account.
3. Close both demat and bank accounts, gift the funds to my mother (aged 82) or brother, and once I have opened new NRI bank and demat accounts, receive the funds back as a gift.
4. Any other alternative you would recommend based on regulatory requirements and best practices.
Your expert guidance would be greatly appreciated, especially in ensuring compliance with RBI and SEBI norms.
Thank you in advance for your support.
Warm regards,
D
Ans: Dear Sir,
Thank you for sharing your situation. Since you are now a Non-Resident Indian (NRI) living in New Zealand, there are specific regulatory and compliance requirements under RBI and SEBI that you should follow regarding your Indian bank and demat accounts. Here’s a breakdown of your options and recommendations:
1. Convert Existing Accounts to NRI Status
Savings Account: HDFC Bank allows you to convert resident savings accounts to NRO/NRE accounts.
NRO Account: Can hold Indian income (rental, dividends, interest). Repatriation is limited to USD 1 million per financial year.
NRE Account: Can repatriate funds freely, but only for money sourced from abroad.
Demat Accounts: SEBI regulations require resident demat accounts to be re-designated as NRI demat accounts when your residential status changes.
Contact Zerodha and Religare to complete KYC update with NRI documents and PAN, along with your overseas address.
Ensure funds/stocks are transferred to NRO/NRE linked accounts as per SEBI guidelines.
Pros: Compliant with RBI/SEBI rules, minimal hassle, no need to close accounts.
2. Close Demat Accounts, Convert Bank Account, Open New NRI Demat Accounts
You can liquidate existing demat holdings, transfer funds to your bank, convert to NRO/NRE account, and open new NRI demat accounts.
Cons:
Selling stocks may trigger capital gains tax (short/long-term CG depending on holding period).
Potential loss of market gains during transition.
3. Gift Funds to Mother/Brother, Then Repatriate Back Later
While gifting to close relatives is allowed under Indian law, funds sent back to you from India as a gift may raise tax and compliance issues.
For amounts above ?50,000, proper gift deed documentation is required, and banks will need declaration forms.
Not recommended for compliance simplicity.
4. Recommended Approach
Best Practice:
Convert your existing bank account to NRO (for existing INR holdings) or open NRE account (if you plan to remit funds from NZ).
Update your demat accounts as NRI accounts without liquidating holdings. Both Zerodha and Religare can guide the conversion process.
Ensure all future transactions are done via NRO/NRE accounts, to remain fully compliant with FEMA, RBI, and SEBI norms.
Additional Notes:
Repatriation rules: NRO → USD 1M/year; NRE → fully repatriable.
Tax filing: As an NRI, you are required to file Indian income tax returns for Indian-sourced income (dividends, interest, capital gains).
Summary:
Avoid selling or gifting funds unnecessarily.
Convert your resident bank and demat accounts to NRO/NRI status for seamless compliance.
Maintain proper documentation for RBI and SEBI, and coordinate with your brokers and bank.
Best regards,
Naveenn Kummar, BE, MBA, QPFP
Chief Financial Planner | AMFI Registered MFD
https://members.networkfp.com/member/naveenkumarreddy-vadula-chennai