Yes, it is illegal for Non-Resident Indians (NRIs) to maintain a regular resident savings account in India under the Foreign Exchange Management Act (FEMA) guidelines. Once you become an NRI, you must immediately convert your resident savings account into a Non-Resident Ordinary (NRO) account or close it to avoid heavy penalties.
Can NRIs open and operate a resident savings account? No. NRIs are not allowed to open or operate a resident savings account. If they are found to be doing so, they may have to pay a penalty of up to three times the amount in their savings account or ₹2 lakhs (if the amount is not quantifiable).
When you move overseas, your residential status changes to a Non-Resident Indian (NRI). As per the prevailing Foreign Exchange Management Act (FEMA) regulations, an NRI is mandated to either: Close the existing resident savings account in India and open a new NRI account; or.
As per NRI Foreign Currency Rules in India NRIs can carry up to US $5,000 in cash and US $10,000, including cash, traveler's cheque, etc. Anything above this limit must be declared before the customs department upon arrival. If the cash is in Indian currency, then only up to Rs 25,000 is allowed.
How long can I keep my money in an NRE account? As long as you remain an NRI under FEMA, you can hold an NRE account. If you return to India for reasons other than a temporary visit, you must convert your NRE account to a resident account or transfer the funds to a resident foreign currency (RFC) account.
If you fail to declare your NRI status and are treated as a resident, your global income may be taxed in India. Non-disclosure could lead to: Penalties under Section 271F: A fine of ₹10,000 for failure to file an Income Tax Return (ITR). Interest under Section 234A/B/C: For delay in filing or paying advance tax.
New rules for NRIs in India focus on stricter tax residency criteria from April 2026, increasing the stay threshold to 120 days for high-income NRIs (over ₹15 lakh Indian income) to become Resident but Not Ordinarily Resident (RNOR) and introducing "deemed residency" for high-income Indians in tax havens; also, higher TCS thresholds for LRS remittances (to ₹10L) and removal of TCS for education loans are recent changes from Budget 2025-26, alongside increased reporting of foreign assets.
Maximum marginal rate is the highest rate of tax at any income level. This means for those with incomes between Rs 2 crore and Rs 5 crore, 39% will be the highest applicable tax rate, and for those with incomes above Rs 5 crore, it will be 42.74% — the highest tax rate since 1992.
Once you determine your residential status in any Financial Year as an NRI and your income in India (before considering deductions and exemptions) exceeds the basic threshold limits, you are liable to pay taxes. NRIs are only taxed on income earned and accrued or received in India.
The "90-day rule" for non-residents typically refers to two different concepts: in U.S. immigration, it's a guideline for determining if a non-immigrant misrepresented their intent by engaging in certain activities (like unauthorized work or immediate marriage) within 90 days of arrival, leading to visa fraud or inadmissibility. In Canadian tax law, the 90% rule allows non-residents to claim full federal tax credits if 90% or more of their world income is from Canadian sources, otherwise, credits are prorated.
You can also send money to India from the USA by using your banking app. For instance, HSBC has a dedicated NRI banking service that makes money transfers easier. If you have an NRI account or HSBC savings account outside India, you can remit money easily. Other popular money transfer apps include Wise and Remitly.
NRIs returning to India should proactively manage their banking and investment affairs to ensure compliance with Indian regulations. You should promptly notify the change in your residency status to your bank, broker, AMC, and insurance service providers.
Answer: An NRO (current/ savings) account can be opened by a foreign national of non-Indian origin visiting India, with funds remitted from outside India through banking channel or by sale of foreign exchange brought by him to India.
Types of NRI Accounts
As mentioned earlier, there are three types of accounts available to NRIs in India – NRE stands for Non-Resident External Account, NRO stands for Non-Resident Ordinary Account, and FCNR (Foreign Currency Non-Resident) bank Account.
According to RBI guidelines, savings accounts cannot be opened for the following entities:
NRIs can send tax-free gifts to relatives in India, but gifts to non-relatives over ₹50,000 annually may be taxable for the recipient under Indian tax law. This makes inward remittance a tax-efficient way to manage your overseas earnings.
With the recent changes in the Indian Income Tax Act, it's now possible to pay zero tax on a salary of up to Rs. 7 lakhs. To pay zero tax on a 7 lakh salary using the old tax regime, maximize deductions: Claim Tax Rebate under Section 87A.
182 Days Tax Rule in India for NRIs. NRIs are individuals who have a family lineage of Indian parents/grandparents but have been living outside India for more than half of the previous year and intend to do so for an indefinite period of time for the purpose of education, employment, profession, etc.
According to government reports, while over 7 crore people file tax returns, only a fraction of them actually pay taxes because many fall below the taxable income threshold or use deductions to reduce liability.
Other countries collect 10 to 60 per cent of the tax. India collects 42.74, Canada 33, US 37, Finland 56.95, France 45, UK 45, Germany 45, Hong Kong 15, China 45, Singapore 22, Japan 55.97, Australia 45, and Singapore 22 per cent of tax charges.
Surcharge and Cess:
Surcharge under the New Regime (for individuals below 60 years): Income over ₹50 lakh but under ₹1 crore: 10% of income tax payable. Income over ₹1 crore but under ₹2 crore: 15% of income tax payable. Income over ₹2 crore but under ₹5 crore: 25% of income tax payable.
Many cited reasons such as a better work-life balance, personal privacy, and women's safety as key factors deterring them from returning to India. Some NRIs mentioned they're enjoying the freedom and convenience of life in the US, while others said they are worried about the infrastructure and civic sense in India.
As an NRI, PIO, or OCI, you may be required to file tax returns in India if your Indian income surpasses the specified threshold or if you seek to claim refunds for excess tax deductions. While filing an ITR is mandatory only under certain circumstances, voluntary filing can be beneficial in many ways.
According to the regulations stipulated in the Foreign Exchange Management Act (FEMA) and the directives from the Reserve Bank of India (RBI), NRIs have the eligibility to purchase both residential and commercial properties in India. Additionally, NRIs can avail themselves of home loans for these acquisitions.