How to transfer Indian income to the US for an NRI?

How to transfer Indian income to the US for an NRI?

How to transfer Indian income to the US for an NRI?

Many NRIs, PIOs (Persons of Indian Origin) and even American Indians are interested in bringing money earned in India to the US. Indian income ,This scenario mostly arises when people have the immovable property back in India or they have inherited assets in India. This NRIs will try to bring the money associated with these assets to the USA by liquidating the assets.

NRIs or PIOs or American Indians who are interested in bringing such Indian income to the USA have to follow certain procedures. This usually depends on the methods by which the income has been acquired in India such as either by selling of property, an inheritance or gift or by making investments into certain financial instruments.

Selling of property in India by an NRI

 NRIs or PIOs are allowed to sell residential or commercial property in India but not agricultural land or farmland. According to the laws, NRIs are also allowed to bring Indian income earned from the sale of a maximum of two residential properties. The NRI who is selling his property and wants to bring his Indian income to the USA must have an NRO Account i.e. Non-resident ordinary Account.

In case of an NRI selling a property in India, the proceeds of the sale must be credited to the NRO account of the individual. If an NRI is selling a property after three years of the purchase of property then it is a long-term capital gain and a long-term capital gain tax of 20% would be levied on this. There is a limit of $1million which can be transferred from India to the US in a particular calendar year.

To begin the transfer of money from India to the US, the NRI has to obtain a certificate from a Chartered Accountant in India. The Chartered Accountant will issue a ‘Form 15CB’ obtained from the website of the Indian Government’s tax department. This certificate is proof that the money which is being transferred from India to the US has been earned by legal means and also all taxes have been paid. In addition to this, the NRI also has to fill another form online i.e. ‘Form 15CA’. This form is submitted online and a system-generated receipt has to be obtained by the NRI. Form 15CB and this receipt have to be deposited in the bank which has the NRO Account along with an additional ‘Form A2’ and a foreign exchange form.

Inheritance or gift received

The property which has been inherited in India is exempt from any gift tax. However, the amount which is obtained from the sale of inherited property is the capital gains and is taxed depending on the specified tax rates.

NRIs that are selling their inherited property and bringing that Indian income into the US must fill up two forms i.e. ‘Form 3520’ and ‘Form 8938’. Form 3520 has to be signed by NRIs along with their tax returns if they are inheriting any property in India.  This helps in validating the trail of the receipts by the NRI and also checks the basis of his inheritance.

Form 8938 has to be filled by all the USA residents, citizens and green card holders for reporting about their financial assets if the aggregate asset is more than $50,000 in case of single taxpayers and $100,000 for couple taxpayers.

Investments made in financial instruments

Another method by which NRIs can bring money from India to the US is by investing in financial instruments like debt investments and equity investment. For making debt investments, NRIs can invest in NRO Account or NRE fixed deposit account. NRIs can also invest in FCNR deposits which yield high returns and the interest income obtained from FNCR deposits is tax-exempted in nature. NRIs can also invest in direct equities or equity mutual funds.

For the transfer of this income earned in India, the NRI needs to fill the Form 15CB and Form 15CA and proceed with the repatriation procedure.

Hence, the procedure for the transfer of funds from India to the US is not a complicated process and can be carried out smoothly by the help of some expert professionals like CAs.

How is the Interest Income from NRE and NRO accounts taxed in US?

How is the Interest Income from NRE and NRO accounts taxed in US?

How is the Interest Income from NRE and NRO accounts taxed in the US?

For NRIs who have shifted to the United States of America, there are usually two options when it comes to keeping their bank accounts active. They can either convert them into NRE or NRO accounts. Needless to say, your money in either of these accounts earns interest over a period of time. Thus, the first and foremost question that would crop into the mind of anyone is, whether or not this income is taxable. If yes, how to go about the same? Here are some easy steps that you can follow to ensure easy compliance and avoid being labelled as a tax evader.

Calculate Income

Income generated from any of the following means would qualify to be taxed in the United States of America.
  • Interest earned on NRE accounts.
  • Interest earned on NRO accounts.
  • Interest earned on NRE FD accounts.
  • Interest earned on NRO FD accounts.
  • Income generated from Mutual Funds in India, including any SIP’s (Systematic Investment Plan) that you might have.
You are liable to pay taxes on the above counts if you belong to any one of the following categories.
  • A holder of Green Card.
  • A Legal resident i.e. working on either an H1B, L1B, H4 EAD or any other work permits in the USA.
  • You are a PIO.
  • You are an OCI.

Dollar Amount Calculation

Once you have identified the income that might be taxed in the USA, it is now important to convert the same into dollars. The IRS publishes exchange treasury rates in the year-end. You can use these exchange rates to calculate your Indian income in dollars.

Taxes in India

If you hold an NRE account, you can breathe easy since Indian tax laws do not levy any taxes on the interests earned. Thus, banks will not deduct any amount from the interest earned. However, the interests earned on an NRO account is taxable at 30% along with applicable taxes.

Form 1040

To file your taxes in the USA, you need to fill Form 1040 and file it. You can either file your taxes on your own or take the help of professional services to do the same. The important thing to keep in mind during such transactions is to fill the Schedule B on your Form 1040. This includes the income that you have earned in India. You need to find out the total amount of tax (TDS in India) that banks have deducted from your accounts. Banks usually send a Form 16 in India which collates all this information.

Do Indian Banks Issue Form 1099-NT?

None of the Indian bank’s issue Form 1099-NT for the interest earned on your NRE or NRO accounts. Thus, you diligently have to file the information correctly in your Form 1040. As a matter of fact, none of the banks in the USA also issue Form 1099-NT, unless the interests earned is more than $10.

Do I have to Pay Taxes In the USA for the interests earned?

The simple answer is yes. You would need to pay taxes on the interests earned on your NRE or NRO accounts. Yet, if your bank has already deducted TDS from your account in India, you can claim the amount. You would need to declare that you have paid taxes to the Indian Government in your tax returns. If you wish to know the amount of interest that you have earned in your respective bank accounts, you should ask for bank statements. Indian banks usually credit interests once every quarter.
Is NRO/ NRE/ FCNR Interest taxable in the US

Is NRO/ NRE/ FCNR Interest taxable in the US

Is NRO/ NRE/ FCNR Interest taxable in the US?

NRO/NRE/FCNR ,With more and more people shifting to the US for a better future, the above question becomes even more pertinent. Are the interests earned from NRO/NRE/FCNR accounts taxable in the USA?

The simple answer to the question is Yes. The interests that you earn from such accounts is taxable in the USA. However, it is not as simple as it might sound and it as a complete process that you must follow.

The following steps will help you ensure that you are able to determine the income from other sources such as NRO/NRE/FCNR accounts earning interest. And that the income is taxed appropriately so that it doesn’t come to bite you at a later date.

Determining Status

Any income generated from the above means is taxable in the USA if you are a US person. Thus, the first step involves determining whether or not you are a US person. You must meet any of the following conditions for the same.

  • Are a citizen of the USA.
  • Are a former legal permanent resident but due to some reasons wasn’t properly expatriated.
  • Are a legal permanent resident.
  • Are a national of another country but have cleared the Substantial Presence Test.

In short, if you are a Green Card holder, OCI, PIO or a legal resident of the USA (holding L1B, H1B, H4 EAD or other work visas of the USA)you must pay taxes on the above-mentioned income.

Dollar Amount

Every year the IRS publishes the year-end treasure rates for various currencies. These can hold as a good starting point to consider the conversion rate. You can use this rate to convert your Indian income from NRO/NRE accounts into the US Dollar.

For example, if you have earned about INR 15,000 as interest from your NRO/NRE account, and consider an exchange rate of 75, the dollar equivalent would be $200. INR 150,000/72 = $200.

You can then use this amount for tax purposes.

Taxes in India

Any interests that you earn on NRE accounts is not taxable in India. This means that banks will not deduct any amount from your earnings directly.

Similarly, any interests that you earn on your FCNR account is not taxable in India.

However, things change a little bit when it comes to NRO accounts. Any interests that you earn on NRO accounts are charged at 30% plus applicable taxes.

Depending on how your bank operates, it can either be deducted from your account directly, or you might have to file at the end of the year.

Taxes in the USA

Once you are a US person, you are expected to file your taxes and returns. In other words, you will have to file Form 1040 using any of the tax filing services or directly with the IRS.

Irrespective of which method you use, it is important that you fill the Schedule B in the Form 1040. Schedule B includes the income generated from your Indian assets or accounts.

In case you have paid taxes in India, you would need to mention that in your tax returns. This is applicable for NRO accounts. As far as NRE and FCNR accounts go, you will have to mention the income from the accounts and that will be added to your annual income in the USA for the fiscal year.

For the year 2016, as many as 21,428,230 filings were there for Schedule B out of which 18,781,052 were electronically filed.

Depending on the tax bracket that you are a part of, you will have to pay appropriate taxes. And for the taxes that you have paid in India, the DTAA will ensure that you do not pay taxes twice.

How to account for the NRE and NRO interest and FD while filing for your US taxes

How to account for the NRE and NRO interest and FD while filing for your US taxes

How to account for the NRE and NRO interest and FD while filing for your US taxes?

According to the data available with the Indian Ministry, India ranks second among all countries for citizens who have temporarily or permanently shifted to other countries. NRE Interest The number stands at a staggering 25 million across some of the most prominent countries around the globe. And this is where the concept of NRI comes into the picture. An NRI or Non-Resident Indian is any individual who has an Indian passport and has emigrated to a different country.

This is mostly on a temporary basis either for education, residence, work or other purposes. Thus, it is extremely important to understand the different taxes that an NRI is liable to pay, so as to remain clear of both the countries. To make matters a bit easier, the Indian government allows for two types of accounts for NRI’s, namely NRO and NRE.

And depending on your residential status, you with either be taxed on your global income or income in just one country. In case, you are an NRI and receive all your income in the USA, you will be taxed on in the USA. However, if you are a resident of India, then you will be taxed on your global income. To make matters a bit easier, the Indian government allows for two types of accounts for NRI’s, namely NRO and NRE.

NRE account can be opened by depositing foreign currency. While an NRO account can be created before leaving the country with the intention of being an NRI. In either case, an individual will earn some interest on the amount deposited in the account. Thus, the most common question among NRI’s is how to account for the interest earned on NRE and NRO accounts or even Fixed Deposits that they have in their accounts.

This is where the water gets a bit muddy. There are different schools of thoughts, where some do feel there is a need to declare the interests earned on the above fronts, while others feel it is necessary to do the same. The latter is a more preferable situation to be in.

Any interest that you earn from your NRE or NRO account or even Fixed Deposits for that matter is taxable. And you must not forget to include the same while your US taxes. The same is applicable for any dividends that you earn.

Fixed Deposit acts like a capital asset, where you invest a certain amount of money and receive yearly interest on the same. Thus, its maturity is similar to selling any other capital asset, as you make money out of it. The interest adds to the base amount and thus the taxation comes into the picture. For the interest that you have earned either on FDs or NRO or NRE accounts, you must first convert the same into USD for the financial in contention.

Once you are done with the conversion, make sure to add it in the Form 1099-INT and then file your taxes. However, one must be careful with the tax rates. For instance, the interest that you have earned is INR 25,000 and you end up paying the 20% taxes to the Indian government. If you tax slab is 40% in the United States, you must pay the additional 20% taxes to the IRS. And this is in accordance to the DTAA or Direct Tax Avoidance Agreement between the two countries.If you are an NRI, you most probably have an NRO or NRE account with any of the leading banks in India. It is important to disclose the interests earned from these accounts in your tax returns to avoid any form of discrepancies and to ensure a smoother tax filing season.