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FEMA & Regulatory Compliance for NRIs in New Zealand

Once you become an NRI, FEMA (the Foreign Exchange Management Act, 1999) -- not the Income Tax Act -- governs which Indian bank accounts you can hold, how you can invest, and how you move money between India and New Zealand. The core obligations are: re-designating resident accounts to NRO/NRE on becoming an NRI, using the correct account type, and following the RBI's remittance limits and reporting requirements.

NRE, NRO, and FCNR accounts -- what each is for

An NRE (Non-Resident External) account holds foreign earnings remitted into India; both principal and interest are freely repatriable, and interest is tax-exempt while NRI status is maintained. An NRO (Non-Resident Ordinary) account is for income that arises in India; interest is taxable, and repatriation is subject to specific limits. An FCNR account holds foreign-currency term deposits. Continuing to operate an ordinary resident savings account after becoming an NRI is a FEMA violation -- it must be converted to NRO (or closed).

The USD 1 million repatriation scheme for NRO funds

Under RBI's remittance facility for NRIs, balances in an NRO account can generally be repatriated up to USD 1 million per financial year, subject to payment of applicable taxes and submission of the prescribed certificates (Form 15CA/15CB, certified by a Chartered Accountant). The USD 1 million ceiling covers the combined balance in the NRO account -- including sale proceeds of inherited or purchased Indian property, accumulated rental income, maturity proceeds, and legacy investments -- so an NRI in New Zealand liquidating several Indian assets in the same year should plan the timing of each remittance rather than assuming each asset class carries its own separate limit.

PAN and Aadhaar for NRIs

A Permanent Account Number (PAN) is required for most financial transactions in India. Aadhaar is generally not mandatory for NRIs the way it is for resident Indians, though banks may still ask for it as one acceptable form of KYC.

Investment compliance -- what NRIs can and cannot hold

NRIs can invest in most listed securities, mutual funds, and non-agricultural property, and can invest in Indian companies under the FDI/portfolio investment framework. NRIs generally cannot purchase agricultural land, plantation property, or farmhouses.

Annual compliance checklist for an NRI with Indian assets

  1. Confirm accounts are correctly designated as NRO/NRE/FCNR.
  2. File an Indian income tax return if Indian-sourced income exceeds the applicable threshold.
  3. Keep Form 15CA/15CB documentation current for any planned repatriation during the year.
  4. Review whether any FEMA reporting is pending for property, gifts, or business investments.
  5. Re-confirm residential status for the year under Section 6.
What happens if I forget to convert my savings account to NRO after becoming an NRI?

Continuing to operate a resident account after becoming an NRI is a technical FEMA violation. Banks generally allow regularization by converting the account once the NRI status is disclosed.

Is the USD 1 million repatriation limit per account or per person per year?

It applies per NRI individual per financial year across their NRO holdings taken together.

Do I need a PAN card if I only have an NRE account and no other Indian income?

Banks may still require PAN (or Form 60 in limited situations) for account opening and transaction reporting purposes.

Can I keep my old resident-status mutual fund investments after becoming an NRI?

Existing investments generally don't need to be liquidated, but new investments and redemptions should be routed correctly based on current NRI status.