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NRI with NRO Trading Account: Can My Wife Open a Regular Account for F&O and Intraday?

Ramalingam Kalirajan |9569 Answers |Ask -Follow

Mutual Funds, Financial Planning Expert - Answered on Jan 19, 2025

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more

Asked by Anonymous - Jan 19, 2025Hindi

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I am an NRI with an NRO trading account through Zerodha, but I cannot trade in F&O and Intraday. I have been filing my returns consistently though I have had no income in India in the last 10 years. But I have investments in MF, PPF, NPS, Medical and Life Insurances, ULIPs which were initiated while working in India and had tax saving options and it is being continued. I would like to trade in F&O and Intraday. My wife is not employed till date and has a regular savings account with the Bank which is Resident Indian normal account. She has never filed any IT returns since as there was no income and transactions from my side were only for family maintenance. My question is, can I open a regular trading account in her name so that we can do trading in F&O and Intraday? What are the necessary things which I need to follow for filing IT returns and how my investments can be helpful to file returns through her account. She doesn't have any investments except LIC & Health Insurance policies in her name for which I pay from myside.

Ans: Yes, you can open a trading account in your wife's name to trade in F&O and intraday; however, there are a few important considerations:

Steps to Open a Trading Account:
Convert Savings Account to a Trading-Compatible Account: Ensure her existing bank account supports trading transactions. If not, convert it to a trading-compatible savings account.
KYC Compliance: Complete her KYC process with updated details, including PAN, Aadhaar, and a valid address proof.
Link Demat and Trading Account: Open a Demat and trading account in her name with a broker that supports F&O and intraday trading for resident individuals.
Nominate a Separate Source of Funds: Ensure the funds transferred to her account are not directly linked to your NRI account to avoid legal and taxation issues.
Tax Implications:
Income from Trading: Any income generated from trading in her account will be considered her income. Since she has no other sources of income, her income from trading may be taxed as per the slab rate applicable to her.
Gift Declarations: Funds transferred to her account can be considered a gift. Gifts from a spouse are exempt from tax, but the income generated (through trading) will be clubbed with your income under Section 64 of the Income Tax Act.
Filing IT Returns:
She will need to file her own ITR if her total income (including trading profits) exceeds the taxable limit (Rs. 2.5 lakhs for individuals below 60).
Any clubbed income will still require an ITR to declare the source and details.
Investments for IT Filing:
Investments in her name (e.g., LIC and health insurance) can help:

Claim deductions under Section 80C for LIC premiums.
Claim deductions under Section 80D for health insurance premiums.
Alternative Suggestions:
Joint Investments: Instead of opening an account in her name, consider using investments in her name (LIC, insurance, etc.) to improve her financial standing without additional compliance.
Professional Advice: Engage a CA familiar with NRI taxation and clubbing provisions to ensure full compliance and proper structuring.
If you'd like detailed help with tax planning, compliance, or investment strategies, let me know!

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment.

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