NRIs connected to Ghana use the same NRE, NRO, and FCNR account framework as NRIs anywhere else, governed by FEMA. Because no India-Ghana DTAA exists, treaty-based relief under Sections 90/90A is not available on India-source income, though the standard USD 1 million per financial year NRO repatriation route, via Form 15CA/15CB, remains unaffected.
NRE, NRO, and FCNR accounts -- the same standing framework
NRIs connected to Ghana use exactly the same account framework as NRIs connected to any other
country: an NRE (Non-Resident External) account for foreign earnings intended to be fully repatriable
and tax-free in India, an NRO (Non-Resident Ordinary) account for India-sourced income such as rent or
dividends, and an FCNR (Foreign Currency Non-Resident) account for holding foreign-currency term
deposits. None of these are Ghana-specific; the underlying FEMA rules apply uniformly regardless of the
NRI's country of residence.
Repatriation, and the absence of DTAA relief
Sale proceeds and other eligible balances in an NRO account can be repatriated abroad up to USD 1
million (or equivalent) per financial year, subject to Form 15CA/15CB certification by the authorized
dealer bank -- this repatriation mechanism is a standing FEMA rule, unaffected by the absence of a
DTAA. What is affected is tax relief: because no India-Ghana DTAA exists (see this platform's Tax guide
for Ghana), an NRI connected to Ghana cannot claim treaty-based relief under Sections 90/90A of the
Income Tax Act on India-source income -- only India's unilateral relief mechanism under Section 91 is
available where Ghana-source income has also been taxed in Ghana.
Other standing compliance points
Beyond banking and tax, NRIs connected to Ghana should keep the same standing compliance points in
view as NRIs anywhere else: filing Form 15CA/15CB before any outward remittance from an NRO account,
keeping PAN and KYC details current with Indian banks and the Income Tax Department, and, for a Power
of Attorney or other document executed in Ghana, following the legalization chain set out in this
platform's Property guide for Ghana rather than assuming an apostille route is available.
Common mistakes people connected to Ghana make:
- Assuming DTAA-based tax relief is available on India-source income, when no India-Ghana treaty
exists.
- Leaving Form 15CA/15CB paperwork until after funds are needed urgently, rather than filing it in
advance of the remittance.
- Confusing the NRO repatriation limit (a FEMA rule, unaffected by the DTAA gap) with tax relief
(which is affected by the DTAA gap) -- these are separate questions.
