Can NRIs Gift Money to Relatives in India?

Gifting is a popular way for NRIs to support their family members, celebrate special occasions, or show appreciation. However, knowing the rules of these transactions can ensure compliance with Indian laws while protecting financial stability.

Understanding the Rules, Tax Implications, and Role of Term and Life Insurance

In this blog, we will discuss the common questions NRIs ask: can NRI send money to parents in India without tax, how much money can NRI send to family in India, can NRI gift property to parents in India, etc.

Can NRI Send Money to Parents in India without Tax?

Yes, the Indian government permits NRIs to send funds to family members under certain guidelines to ensure transparency. These gifts can include cash, property, shares, or any other assets and are often exchanged to support financial goals or to help relatives with expenses. NRI sending money to parents in India is legal in India. Additionally, using financial protections like term insurance or life insurance can complement gifts, providing an added layer of financial security to loved ones in case of unforeseen events.

Inward Remittances by NRIs and Their Tax Rules

Foreign nationals, including Non-Resident Indians (NRIs), Persons of Indian Origin (PIOs), and Overseas Citizens of India (OCIs), frequently send money to India for family support, investments, or managing local accounts. These transfers, known as inward remittances, are governed by the Foreign Exchange Management Act (FEMA).

These remittances are commonly directed toward family needs. An NRI gift to parents in India, for example, is legally permitted and usually tax-exempt when sent through official banking channels. Such transfers are treated as a gift by an NRI to a resident Indian under FEMA and remain non-taxable if the recipient is a relative.

Who Qualifies as a "Relative" Under Indian Law?

According to the Indian Income Tax Act, a “relative” includes:

• Parents

• Spouse

• Children

• Siblings

• Grandparents

• Grandchildren

• In-laws (mother, father, brother, and sister-in-law)

Section 2(77) of the Companies Act, 2013 says that a "relative" includes your parents (including step-parents), your children and their spouses, and your brothers and sisters (including step-siblings). Gifts given to individuals who qualify as “relatives” are generally exempt from tax in India, offering significant financial flexibility. This benefit also aligns well with the protection term insurance for NRI or life insurance provides, as it allows NRIs to supplement their gifts with security for their loved ones’ future.

How Much Money Can an NRI Gift?

There is no cap on how much money an NRI can send to family in India, as long as it aligns with FEMA’s guidelines. NRI gifts to parents in India, whether monetary or in the form of assets, are exempt from income tax.
Transfers should be made through proper banking channels, ensuring the transaction is documented and transparent. Using a Foreign Inward Remittance Certificate (FIRC) can help confirm that the transaction is a legal inward remittance. To further secure these gifts, term insurance or life insurance policies may benefit family members as they offer financial protection.
It's commonly asked, can NRIs gift property to parents in India? The answer is yes, provided the legal documentation and registration norms are met, including a registered gift deed and applicable stamp duty.

Gifting Property or Assets

In addition to cash, NRIs can also gift immovable property or other assets to relatives in India. When gifting property, NRIs should follow specific protocols:

• Execute a gift deed, registering it with the local sub-registrar’s office.

• Pay the applicable stamp duty, as required by state law, to ensure compliance.

• Ensure both parties sign the deed, which is essential for legal documentation.

NRIs can also use life insurance as a complementary asset, which can provide security and financial stability in addition to physical assets gifted to loved ones.

Tax Implications for the Recipient in India

When an NRI sends money to parents in India, the tax implications depend on the nature and recipient of the transfer. Generally, gifts from an NRI to a relative are not taxable under Indian income tax law, provided they fall within permitted purposes such as family maintenance, education, or medical support.

However, if the gift is made to someone who does not fall within the definition of a “relative” under the Income Tax Act, and the total value exceeds ₹50,000 in a financial year, the recipient will be liable to pay tax on the full amount received. This rule applies to both monetary gifts and immovable assets.

Methods for NRIs to Transfer Gifts to Relatives in India

NRIs have various options to transfer funds or assets as gifts:

• Bank Transfer: This is the simplest and most direct method, where NRIs can transfer funds directly to a family member's Indian bank account. Using an NRE (Non-Resident External) or NRO (Non-Resident Ordinary) account allows secure and compliant transactions.

• Cheque/Demand Draft: Another popular method, NRIs can send a cheque or demand draft to family members in India.

• Money Transfer Services: Several financial institutions and banks offer international money transfer services, which can be used to transfer funds safely and efficiently. NRIs can also use cross-border UPI for direct payments from abroad, with services currently available between India and Singapore, and expanding to other regions.

• Wire Transfers: You can transfer money through overseas bank branches or online banking. Wire transfers are often used for larger sums, making them a reliable option for NRI sending money to their parents in India.

• Other Methods: Traditional options such as International Money Orders (IMOs) and foreign currency cheques/Demand Drafts (FCDDs) remain valid alternatives. Payments are typically available the same day or soon after. However, using these options may incur additional fees.

• Required Documentation: When sending money, ensure that you provide the necessary details, including

  • Remitter’s and Beneficiary’s Name

  • Beneficiary’s bank information

  • Purpose of the transfer

Important Considerations for NRI Gifts

• Documentation: Maintain a record of the transaction, such as bank statements, FIRC, and other relevant documents, to avoid legal or tax complications.

• Exchange Rate Impact: When gifting cash, be mindful of currency exchange rates, which could affect the value of the gift received in INR.

• Consult a Tax Advisor: As tax laws can be complex, especially for NRIs, consulting with a tax advisor is recommended to ensure compliance and make the most of available tax exemptions. Additionally, consulting an insurance advisor on term and life insurance options can help secure long-term protection for loved ones.

Summing Up

Gifting money or assets is a meaningful way for NRIs to support their loved ones in India. While the process is relatively straightforward, NRIs should be aware of the rules, tax implications, and the benefits of using term insurance and life insurance to protect their families further. Gifts to relatives enjoy tax benefits under Indian law, making it a practical option for NRIs who wish to contribute to their family’s financial well-being.

Note: You should also check the term insurance benefits if you are planning to purchase the term insurance plan.

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