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In India, income earned outside India is not taxable in India. However, if the property is rented out, the rental income earned will be taxable in India. Also, the capital gains on sale of property will be taxable in India if the property is sold within three years of purchase.
In India, all the laws related to outward and inward remittances fall under the jurisdiction of the Foreign Exchange Management Act (FEMA). Apart from ensuring the money sent abroad is used only for legal purposes, this act helps the Reserve Bank of India (RBI) stabilise the local currency markets.
Between 2004 and 2010, Western Union was accused of allowing fraudulent transactions and received more than 550,000 complaints about fraud. Since then, it has paid over $586 million in fines to settle this issue. Being extra cautious by only sending or receiving money from people you know is a necessary extra step for your safety.
I'd like to know if I, as a US citizen, can gift cash $ or US securities into my brother's foreign account with a US brokerage and have this gift be considered tax-free in India in the same way my gifts to their Indian bank account is considered. What formalities would I have to follow? I'd appreciate very much if you could point me to some references, in Indian tax laws. As you can understand, I need to establish the true facts.
While the exchange rate may not seem like such a big deal to you, it will matter to your recipient-who won't receive the full amount of the money you send. Take, for instance, the difference between two $1,000 transactions, calculated using different exchange rates:
As stated above, you'll be required to pay tax on capital gains you make on foreign investments. This means, in a broader sense, any income you make from your investment is subject to taxes in the US - this includes interest payments and dividend payments. You may also be liable to pay tax to the country where the investment has been made - again, opening you up to the risk of double taxation.
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I've been involved in personal finance and property journalism for the past 20 years, editing websites and writing for national newspapers. My objective has always been to offer no-nonsense information to readers that either saves or earns them cash.
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