SANOJ KUMAR
(CS MANAGEMENT TRAINING)
FOREIGN
EXCHANGE MANAGEMENT ACT
Current
and Capital Account Transactions and release of Foreign Exchange
As Amended by the Finance Act, 2015
Transaction under FEMA
According to FEMA, 1999 all the foreign exchange
Transaction either “Capital Account
Transactions” or Current Account Transactions”.
Meaning
of Capital Account Transaction
A Current Account Transaction has been defined as a
Transaction other than Capital Account Transactions, means all transaction
which do not alter assets or liability outside India of resident or assets or
liability in India of Non Resident treated as Current Account Transactions and
without prejudice to the generality of the foregoing such transaction includes,
1.
Payments due in connection
with foreign trade, other current business, services, and short term banking
and credit facilities in the ordinary course of business.
2. Payments due as interest on loans and as net income from investments,
3. Remittances for living expenses of parents, children, and spouse
residing abroad,
4.
Expenses in connection with
foreign travel, education and medical care of Parents, Spouse and children’s.
Provided that Central Government may impose such
reasonable restrictions as may be prescribed in case of public interest and in
consultation with Reserve Bank of India.
Route
for Drawal of Foreign Exchange
According to RBI foreign Exchange can be drawn from any
authorized dealer by the General
Permission Route or Prior Approval Route.
Release
of foreign exchange under General Permission by Authorised Dealers
|
S.No.
|
Particulars
|
Limitations
|
|
1.
|
Private visit to any country (except Nepal and Bhutan)
|
USD 10,000 or its equivalents in one year for one or more private
visit.
|
|
2
|
Gift/donations per remitter/donor
|
Gift/Donations are comes under liberalized Remittance Schemes of USD
1,25,000 for resident individuals. Remittance should not exceed USD 1,25,000
during a particular FY
|
|
3
|
Donations by Corporate
|
1% of the foreign exchange earnings during the previous three FY or
USD 5 million, whichever is less, for a specified purpose
|
|
4
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Going abroad for employment
|
USD 1,00,000 one time only
|
|
5
|
Remittance facility for emigrations
|
USD 1,00,000 or the amount prescribed by country of emigration not
exceeding USD 1,00,000 one time only.
|
|
6
|
Remittance for maintenance of close relatives abroad
|
Net salary (after deduction of tax, PF and other deduction) of a
person who is resident but not permanent resident in india and citizen of
foreign state other than Pakistan.
Or
USD 1,00,000 per year per recipient in all other cases
|
|
7
|
Business Travel Abroad
|
USD 25000 per trip respective of stay
|
|
8
|
Attending conference or specialized training
|
USD 25000
|
|
9
|
Meeting expenses of Medical treatment
|
USD 1,00,000
|
|
10
|
Maintenance expenses of a patient going for medical treatment of
medical checkup abroad
|
USD 25000
|
|
11
|
Studies abroad
|
USD 1,00,000 per academic Year or estimation from the Institution
abroad whichever is higher.
|
|
12
|
Meeting expenses of accompanying as attendance to a patient going
abroad for medical treatment or medical checkup
|
USD 25000
|
|
13
|
Commission to agent abroad for selling of residential flats or
commercial plot in India
|
USD 25000 or 5 % of inward remittance per transactions whichever is
higher
|
|
14
|
Consultancy services from outside India
|
USD 1 million per project to USD 10 million per project (in case of
infrastructure project)
In all other case USD 1 million will be continuing.
|
|
15
|
Reimbursement of pre-incorporation expenses
|
5% of the investment brought into India or USD 100,000 whichever is
higher,
|
|
16
|
Remittance for use and/or Purchase of Trade mark
|
Freely allow without approval of RBI
|
|
17
|
Remittance for securing Insurance for Health from a company abroad
|
Freely allow
|
|
18
|
Remittance of royalty and payment of lump sum fee under the technical
collaboration agreement
|
Freely allow without any prior approval of RBI
|
|
19
|
Release of exchange for medical treatment outside India when a person
has fallen sick after proceeding abroad
|
Extent of USD 1,00,000 without any hassles and any loss of time on the
basis of self declarations
|
|
20
|
Small Value Remittance
|
Up to USD 25000 (form A2)
|
Prohibition
on Drawal of Foreign Exchange
1.
Remittance out of lottery
winning
2. Remittance of income from racing/riding etc, or any other hobby
3. Remittance for purchase of lottery ticket, banned/prescribed magazines,
football pools, sweepstakes etc.,
4. Payments of commission on exports made towards equity investment in
Joint ventures/wholly owned subsidiaries abroad of Indian companies.
5. Remittance of dividend by any company to which the requirement of
dividend balancing is applicable.
6. Payments of commission on exports under Rupees State Credit Routes
except commission up to 10% of invoice value of export of tea and tobacco,
7. Payment related to “ Call back Services” of telephones
8. Remittance of interest income on funds held in non-resident Special
Rupees Scheme a/c. (NRSR Account)
9. A travel to Nepal and/or Bhutan
10. A transaction with a person resident in Nepal or Bhutan.
Release
of Foreign Exchange for Haj/Umrah Pilgrimage
Authorised dealers and full fledged money Changer may
release the full amount of BTQ entitlement in cash or up to the cash limit
specified by the Haj Committee of India, to the Haj/Umrah pilgrams.
Prior
Approval of Government of India for Drawl of foreign exchange
1.
Cultural tours.
2. Advertisement in foreign print media for the purpose other than
promotion of tourism, foreign investments and international bidding (exceeding
USD 10000) by a SG and its PSU.
3. Remittance of freight of vessels chartered.
4. Payment of import by a government department or a PSU on c.i.f. basis
only for imports through ocean transport.
5. Multi-model transport operators making remittance to their agents abroad
6. Remittance of hiring charges of transponders
a.
TV channels
b.
Internet Service Providers
7. Remittance of Container detention charges exceeding the rate prescribed
by Director General of Shipping.
8. Remittance of Prize money/sponsorship of sport activity abroad by a
person other than international/ national/street level sports bodies, if the
amount involved exceeds USD 1,00,000.
9.
Remittance for membership of
P&I Club ministry.
Capital
Account Transactions
It’s classified
into two classes:
(i). Capital Account Transactions of person resident in
India.
·
Investment in foreign
securities
·
Foreign Currency loans
raised in India and abroad
·
Transfer of Immovable
properties outside India
·
Guarantees issued by a
person resident in India in favour of a person resident outside India.
·
Export, Import and holding
of currency/currency notes.
·
Loans and overdrafts
(borrowings) by a person resident in India from a person resident outside India
·
Maintenance of foreign
currency account in India and outside India by a person Resident in India.
·
Taking out a insurance
policy form an insurance company outside India.
·
Loan and overdraft to a
person resident outside India
·
Remittance outside India of
capital assets of a person resident in India.
·
Sale and purchase of foreign
exchange derivatives in India and abroad and commodity derivatives abroad
(ii). Capital Account Transactions of person resident
outside India.
(a). Investment in India by way of
·
Issue of securities by a
body corporate or an entity in India and investment therein by a person
resident outside India; and
·
Investment by way of contributions
by a person resident outside India to the capital of a firm or proprietorship
concern or an association of person in India.
(b). acquisition and transfer of immovable property in
India in favour of, on behalf of a person resident in India.
(c). Guarantee by a person resident outside India in
favour of, or on behalf of a person resident in India,
(d). Import / Export of Currency/Currency Notes/
into/from India by a person resident outside India
(e). Deposit between a person resident in India and
person resident outside India.
(f). Foreign Currency Accounts in India of a person
resident outside India
(g). Remittance outside India of a capital assets in
India of a person resident outside India.
Prepared by: Sanoj Kumar
(CS Management Trainee)
Mob: 8285189599
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