Why NRIs Can't Afford to Ignore Indian Compliance Laws

Introduction

Recently, a growing number of NRIs have received notices from the Income Tax Department for non-compliance, and many are facing challenges with investments they previously made effortlessly in India. In fact, some NRIs have been unable to invest in Indian mutual funds due to regulatory bodies disabling their accounts.

These incidents underscore the importance of understanding the complexities of managing financial affairs in India. As Non-Resident Indians (NRIs), staying updated and compliant with Indian financial and legal obligations is more critical than ever. Neglecting these rules can land you in trouble, with harsh legal and financial penalties. 

In this blog, we explore the different aspects of ensuring compliance in India, using a structured guide to help you navigate the complexities of Indian compliance laws. We also explore how you can stay compliant and avoid hefty fees.

Switching bank accounts: Not your ordinary savings anymore

• As per FEMA regulations, NRIs can't hold a regular Indian savings account. These regulations require NRIs to convert their regular savings accounts into Non-Resident Ordinary (NRO) or Non-Resident External (NRE) accounts. 
• Failure to comply with this can result in punitive financial consequences, including fines of up to three times the account balance or ₹2 lakhs if indeterminate, plus a daily fine of ₹5,000 until the issue is resolved.  

Income tax compliance: File diligently 

• Earning through fixed deposits or property in India means you have got to file tax returns in India, showcasing your NRI status clearly. 
• Non-disclosure of your NRI status or failure to file tax returns can trigger severe penalties. 
• Additionally, not utilizing the benefits of Double Taxation Avoidance Agreements (DTAA) can lead to unnecessary financial losses due to double taxation on the same income.

Investment regulations: Navigating the nuances

• If you use a resident savings account to invest in Indian markets, you risk severe penalties from the Income Tax Department, including permanent disqualification from future investments. 
• To invest legally, NRIs must utilize Non-Resident Ordinary (NRO) or Non-Resident External (NRE) accounts, as Asset Management Companies (AMCs) in India do not accept investments in foreign currencies. All NRI investments must be made in Indian Rupees. 

Non-Compliance may cost you more than just money

Ignoring these regulations isn’t just a minor oversight—it can lead to severe financial penalties under the Foreign Exchange Management Act (FEMA). The repercussions include substantial fines that not only deplete your savings but also add a ton of stress and potential legal headaches.

Simplifying NRI compliance with Vance Compliance & Risk Checker Tool  

To help NRIs effortlessly navigate this complex legal landscape, Vance has launched the NRI Compliance Risk Score Tool.

With a few simple clicks and basic questions, this free-to-use tool evaluates your compliance status, flags potential risks, and gives you a personalized NRI risk report. Based on your score, this tool also helps you dodge identified concerns with suggestive next steps that you must take. It’s like a legal guardian angel for the NRIs. 

In Conclusion: The high cost of low maintenance

Managing multiple responsibilities across borders can be challenging, but overlooking your legal duties in India is a risky game. With significant fines and legal troubles at stake, it's crucial to prioritize compliance. Tools like Vance’s risk compliance and risk checker aren’t just handy—they’re essential. Remember, it’s better to be proactive with compliance than reactive to penalties.