The Real Estate market has been booming in parallel with the continuous growth of the Indian Economy. Non-resident Indians (NRIs) have shown unprecedented interest in investing in Real Estate in India in the last few decades.
In the eyes of NRIs, real estate is one of the most ideal investments in India. While residential properties offer them a way to come and settle back in their native land, Commercial properties provide a better option for return on investment (ROI).
India’s government has designated various rules, processes, and regulations that NRIs must follow to start their journey of owning property in India.
Here are the 10 Things NRIs Should Consider Before Investing in Real Estate in India.
1. Nature of the Property
First and foremost, NRIs must know the nature or type of property they are looking to invest in India. Depending on their needs, Residential for living and commercial for getting Return on Investment (RoI), there are specific government instructions and procedures they have to adhere to.
As per the Foreign Exchange Management Act (FEMA), NRIs are not allowed to buy agricultural land, plantation, or farmhouse property in India except if they are inherited or gifted. Still, if they really want to invest, there are special provisions and approval from the local government & Reserve Bank to own these protected lands in India.
2. Home Loans
NRIs have the same limit as common Indians to take loans up to 80% of their real estate property. Though the loan amount and payment respectively, are made in Indian currency only.
The home loan is credited directly to the seller or developer’s account. When paying back this home loan, NRIs are not allowed to use foreign current or traveller’s cheques. There are multiple ways NRIs can pay their loan EMIs via rental income, Inward remittance, using a relative’s account, or using an NRO/NRE/FCNR account.
3. Payment Method
As discussed above, all transactions must happen in Indian Rupees only. Opening an NRO/NRE account in an Indian bank can ease all your financial hurdles. You can apply for a loan and pay back from this account seamlessly.
4. Power of Attorney (POA)
Giving Power of Attorney to a local Indian citizen is essential as NRIs stay abroad. This POA person can transact, document, and keep the financial process smooth on your behalf. POA individuals have the liberty to make decisions, sign documents, and regularly monitor the property.
5. Rules and Procedures for Taxation
NRIs must pay taxes and follow processes to avoid future entanglements with the authorities, especially for NRI real estate investment in India. All properties are considered long-term capital gains. Holding the property for two years or more comes under the long-term capital gain category, with taxes levied at 20%.
If NRIs use the property for their use, wealth tax can be excused for the first property and taxed at s20.6% from the second onward. Similarly, wealth tax is excused for the first property and levied 1% from multiple properties with values more than Rs 30 Lakh.
NRIs benefit from the Double Taxation Avoidance Agreement (DTAA) that India has signed with 80+ countries. This gives NRIs some respite to work and earn in one country and keep earning in another via different means. They can also opt for a TDS refund under tax section 54.
6. FEMA and RBI rules
In the last decade, the Reserve Bank of India (RBI) has lowered essential requirements under the Foreign Exchange Management Act (FEMA) for NRI real estate investment. NRIs need only a valid passport to start looking for their dream property in India. All commercial and residential properties are buyable except for agricultural, plantation, or farmhouse land.
7. Reparation of Funds
NRIs also have to follow specific guidelines when sending funds across countries. NRI must follow standard practices and FEMA directives for real estate transactions. Most often, the funds in Indian Banks must be transferred to Banks in their resident country. The amount should never be more than the purchasing amount of the property.
8. Avoiding the Middleman
NRIs have the better option of investing in real estate in India by buying the property from a trusted builder. They can avoid the middleman by contacting the developer/builder directly.
Omaxe is one of the most reputed real estate builders in India, with 36 years of experience in residential and commercial properties. With a presence in the best 29 cities across eight states, you are assured of top-notch luxury properties for all your needs.
9. EMI & Forex
EMIs, i.e., Equal Monthly Instalments, are advisable for repaying loans. Foreign exchange can have an unprecedented effect on your overall financial planning and real estate investment. Rentals and EMI payments can keep your finances in check for stability.
10. Financial Planning
Financial planning is the most essential step for NRI investment in India. There are several legal steps and documentation that NRIs must follow to avoid any entanglement later. One should connect with real estate professionals to guide end-to-end solutions for NRI property investment guide.
Also Read: Documentation Needs to Buy Commercial Property in India for NRIs
Final Thoughts:
Real Estate remains one of the premium attractions for NRI investment in India. However, there are strict legal procedures to invest and buy real estate in India.
The type of property, mode of payment, loans, Power of Attorney, FEMA and RBI rules, EMI, & Forex, are essential factors for NRI investment in India.
These things can ease your real estate investment in India. So make sure to keep them checked to realize your dream and enjoy life to the fullest!
Omaxe is one of the trusted and reliable top builders in India for residential and commercial properties. You should connect with our real estate professional for Real estate investment tips for NRIs to smoothen your financial planning for buying a property in India.
FAQs:
Q. Are NRIs allowed to invest in Real estate in India?
Ans. Yes, NRIs can buy can buy any residential or commercial property in India. However, there are specific rules and regulations for owning a property in India.
Q. What are the rules and procedures for NRI investment in India?
Ans. There are protocols and regulations by each state & central government that NRIs must know before opting to invest in real estate in India. These include the Nature of the property, tax rules, loan procedure, Power of Attorney, TDS, RBI, and FEMA Rules.
Q. Do NRIs pay property tax in India?
Ans. Yes, NRIs pay the property tax in the same procedure as regular Indian citizens. There are various stipulations with charges and benefits they must adhere to keep authorities away.
Q. What are the primary documents required for NRIs to start their real estate investment in India?
Ans. As an NRI, you must possess proof of address, passport, PAN, and the latest photograph to start looking to invest in the Indian real estate market.
