OCI Cardholder: Can I Sell Land in India and Keep Proceeds in NRE Account?

Ans: Hello,

I understand your situation and I'm here to help. Based on the details you've provided and the current tax laws in India, here's what you need to know:

1) The amount you've spent on acquiring the housing plot can indeed be considered for the utilization of your capital gain. As per the Income Tax Act, if you reinvest the capital gains from the sale of a property in buying a new property or constructing a new house, you can claim tax exemption on the capital gains.

2) The amount you need to keep in the Capital Gain Account Scheme (CGAS) would be the remaining amount after deducting the cost of the plot from the capital gain. In your case, if you've already spent Rs. 11.00 Lakh on the plot, you would need to keep Rs. 4.00 Lakh (Rs. 15.00 Lakh - Rs. 11.00 Lakh) in the CGAS. This amount should be utilized for the construction of the house within the specified time period, which is 3 years from the date of sale of the original property.

Ans: As an NRI, you must know that Indian laws regarding land ownership are very specific. The Foreign Exchange Management Act (FEMA) regulates land ownership by NRIs. According to FEMA, NRIs cannot purchase agricultural land, plantation property, or farmhouses in India.

Buying Land in Your Spouse’s Name
Your spouse, being an Indian resident, can legally purchase agricultural land. However, there are important factors to consider:

Source of Funds: The funds used to purchase the land should come from your spouse's income or resources. Since your spouse has no independent income, it could raise questions if the money comes from your account.

Gift or Loan: You could consider gifting the amount to your spouse. Gifts between spouses are tax-free in India. However, this should be done transparently to avoid any legal complications.

Income Tax Implications: If the land generates any income (like farming income), it may be attributed to you since you provided the funds. This could have tax implications under the clubbing provisions of the Income Tax Act.

Alternative Investment Options
Given the legal limitations for NRIs in purchasing agricultural land, you might want to consider other investment options. These alternatives offer potential for growth and stability without the legal complexities.

Mutual Funds
Equity Mutual Funds: These are ideal for long-term wealth creation. They invest in stocks, offering higher returns over time.

Debt Mutual Funds: If you prefer stability, debt funds invest in fixed-income securities. They provide moderate returns with lower risk.

Hybrid Mutual Funds: These funds offer a balance between equity and debt, aiming to provide steady returns.

Non-Resident External (NRE) and Non-Resident Ordinary (NRO) Accounts
NRE Fixed Deposits: These offer attractive interest rates and are tax-free in India. They can be repatriated fully.

NRO Fixed Deposits: These are suitable if you have income in India. Interest earned is taxable, but funds can be partially repatriated.

Real Estate Investment Trusts (REITs)
REITs: Instead of directly buying property, you can invest in REITs. They allow you to earn returns from real estate without the need to manage property.
Ensuring Financial Transparency
It is crucial to maintain transparency in your financial dealings. Ensure that any transaction between you and your spouse is well-documented. This will help avoid any legal or tax-related issues in the future.

Final Insights
While your spouse can purchase agricultural land as a resident, using your funds for this purpose can complicate things. Considering the legal and tax implications, it might be wiser to explore alternative investment options. Mutual funds, NRE/NRO accounts, and REITs offer potential for growth and stability without the legal hassles associated with land ownership for NRIs.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in