54 EC Capital Tax Bonds – How to save your tax after selling house?

When you sell any capital asset like a house, gold, bonds or debt mutual funds over a long period, you generally make a PROFIT, which is called as Capital gains. This is treated differently from “interest income” which you get from fixed deposits and these capital gains are taxed at 20%.

In case of selling house, these amounts can be quite big and if you reinvest these capital gains, you will not have to pay any taxes.

However at times, an investor may not want to invest in another house and also not willing to pay taxes.

54 EC bonds can help you in saving the capital gains tax.

54 ec bonds for saving capital gains tax

What are 54 EC Bonds?

54EC bonds (capital gains bonds) are the best investment option through which an investor can save long-term capital gain taxes.

54EC bonds are specifically meant for investors earning long-term capital gains and would like tax exemption on these gains. The tax deduction is available under section 54EC of the Income Tax Act. However, 54EC bonds can only save long term capital gains taxes, and not short term capital gains taxes. Check out our Capital Gains Tax Calculator

The maximum limit for investing in 54EC bonds is Rs. 50 Lacs.

As we said above, an individual can invest in these bonds after receiving capital gains from selling a property, sale of land, or building (residential or commercial).

If you want to save your capital gains, you will have to make your investments in 54 EC bonds within 6 months from the date of sale of the property or before filing your income tax returns.

Features & Benefits of 54 EC Bonds

  • As 54EC bonds are generally AAA rated and hence it is the safest and secure bond as it is backed by the Government of India.
  • Interest earned on these 54EC bonds is taxable in nature. So while you don’t pay any tax on the lump sum you got after selling the house or another property, the interest earned from these bonds are taxable.
  • No TDS is deducted on interest from 54EC bonds and wealth tax is exempted.
  • 54EC bonds come with a lock-in period of 5 years and are non-transferable in nature.
  • The minimum investment an investor can make in 54EC bonds is 1 bond amounting to Rs. 10,000 and the maximum investment in 54EC bonds is 500 bonds amounting to Rs 50 lakhs in a financial year.
  • The interest these bonds offer is at 5.75% which is payable annually. This is not very high interest, and if you pay taxes on these, the final post tax returns will be much lower.
  • These bonds can be held in Demat Form and Physical Form as well.

Eligible Bonds under section 54 EC –

So when we say 54 EC bonds, it’s not exactly a product in itself. There are actually 4 types of bonds which come under the definition of 54 EC bonds. They are as follows –

Let us see the comparison between REC and NHAI as these are the most popular options to invest.

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BOND REC Bonds NHAI Bonds
  • Interest Earned
5.75% 5.75%
  • Rating of the Bond
AAA/Stable (CRISIL) AAA/Stable (CRISIL)
  • Minimum Investment Required
Rs. 10,000 Rs.10,000
  • Maximum Investment Required
Rs.50 Lakhs in Financial Year Rs.50 Lakhs in Financial Year
  • Tenure of the Bonds
5 yrs 5 yrs
  • Mode of Interest Payment
Annually Annually

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What if you don’t invest in 54 EC bonds?

If you don’t want to invest in these 54 EC bonds and rather want to invest in other financial products like a fixed deposit, debt mutual fund or equity mutual funds – then remember that first you will have to pay the tax, and then you can invest only remaining amount which may fetch higher return compared to 54 EC bonds returns.

However a quick calculation shows that you are better off investing in EC bonds, if you are not looking forward to invest in equity mutual funds and are ready to take risk. In general it’s usually a good idea to put money in 54 EC bonds and over 5 yrs, you will have decent amount of money.

Only if you are ready to take high risk, and are not looking for lock in, then you can put this money in equity mutual funds. Below is a comparison between all 4 options we talked about

[su_table responsive=”yes”]

What? 54 EC bonds Fixed Deposit Debt Mutual Funds Equity Mutual Funds
Capital Gains Amount 50,00,000 50,00,000 50,00,000 50,00,000
Tax to be Paid before investing NIL 1000000 1000000 1000000
Amount Remaining for Investment 5000000 4000000 4000000 4000000
Return 5.75% 7% 8.50% 11%
Taxes on Investment 30.00% 30% Approx. 6% (assuming 4% inflation in CII index and 20% capital gains tax) 10% capital gains tax without indexation
Post Tax Returns 4.03% 4.90% 7.99% 9.90%
Final Maturity Amount (Post Tax) 6090579 5080862 5874591 6412811
Notes This is Assured This is Assured This is not 100% assured, but the final returns you will get will be close to assumption most probably This is surely dependent on the equity returns, which can be very volatile, so the final result can be much less, or much higher than the assumption

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Note that the only option which has some chances of beating the 54 EC bonds returns is equity, but you have to remember that this is not an option for everyone. Only one who can take right decisions about equity and is ready to take higher risk / high reward path should get into it.

Otherwise, overall investing in 54 EC bonds looks like the best option, but it will come with strict lock in.

So, this was all that I wanted to share in this article. Let me know your queries in the comment section.

What is SIM Swap Fraud & How to prevent it?

The telecom and financial services have drastically changed over the last 15-20 yrs. and this means that you can do lots of things over your phone now. You don’t need to go to bank for everything. Now your mobile itself is a bank and it will let you transfer money to anyone and transact with just a click of the button.

While this is wonderful news, it’s also a bad news because various kind of cyber frauds have started happening from last few years. Today I am going to share about one such fraud called as “SIM Swap Fraud”

I also requested one of person I know personally who actually lost money because of this fraud, and I requested him to jot down what exactly happened and steps they took after the fraud happened.

What is SIM Swap Fraud?

SIM swap fraud is a very sophisticated type of cyber fraud, where the attacker first blocks your sim card, and then gets a duplicate sim issued and gets access to all OTP/SMS which are required to make the transactions. This also means that they put a request to your mobile company with forged documents or online and if you have not secured your data/documents – it’s not very tough to get it done.

On top of it, if you do not act fast or take things lightly – the chances of fraud getting successful is very high.

People have lost amounts ranging from few Lacs to few crores. Just have a look at the below screenshot

The sim swap frauds are also known as SIM splitting, SIM jacking, SIM hijacking, or port-out scamming in different countries.

A real life case of an NRI who lost money from his bank account

So a few weeks back, one of the NRI readers of this blog mailed me asking for help on a fraud which happened in his bank account and he lost money.

Luckily the amount was just in thousands. I looked at his email and soon realized that this is a case of SIM SWAP fraud. While he has not got the money till now, I asked him to share the entire incident with all of us so that we can learn from this incident.

Please go through his experience which I got by email.

Hello Manish,

Greetings and appreciate your thoughtfulness to create awareness to this fraud,

So the story goes this way

My wife has a savings account in ICICI and me being NRI she travels to visit me for more than 5 months in a year as such I had linked my Sisters Phone number for net banking and all was going well. as local numbers don’t work in the country I live.

Recently my sister was having issues with idea sim card and she had registered a complaint with idea, and she was told a customer care will coordinate with her. then there was the lockdown and curfew and banks shops etc all closed.

One day a person called her and said he was from idea customer care and she needs to upgrade her sim from 3G to 4G and to do that she needs to text him a code and a sim card no a 20 digit number, due to lockdown since idea center is closed this is her option, which she did, she got a call back saying it will take about 4 hours for this upgrade and she may not get coverage until then.

my email was linked to that ICICI account and I got an email that there was a failed attempt to access my online account.

I replied to ICICI customer care and there was no reply. ( Got reply after two days, Standard written email do not share otp, password etc with any one and if suspicious report to ICIC customer care)

But I was able to log into net banking and did not find anything suspicious.

The next day I was off and was not online to check emails for full day in the evening I saw 8 emails from ICICI auto emails, password changed, new beneficiary added, OTP sent to Registered mobile, amount transferred to beneficiary account. balance in my account is now zero.

Now it’s a Saturday bank is closed, Lockdown cannot go out, customer care lines are busy and on hold for 25 min, and finally when she got on line with customer care they said she is not calling from registered mobile and they cannot help us.

The damage was done. The hacker took control of the sim and was getting OTP and had reseted the password using registered phone number.

The complaints we made

Sister went to idea and narrated the incident and idea said this normally does not happen this way and only authorized person in idea can do the sim swap and said they will investigate it

Wife went to police to complain, they are clueless on this matter and were more interested on knowing the fraud for their personal reason and challenging wife stating what she was telling can never happen and they never heard of such case and there must me something else which has happened and not sim swap. but when my wife raised her tone they took the complaint and said they will forward it to cyber branch.

Till date no positive lead.

Wife went to bank to complain, they saw the log and found the transaction is done through correct channel and there is no fraud, Password changed by registered mobile, otp sent to registered mobile and all things done legally without breach..

However as there was a police complain they traced the beneficiary account and put a freeze and lien on that account (In case he deposits money that money will be directly transferred to my account).

We changed the mobile number and now my wife gave her new local number, and they said not to use the account for some time till the investigation is over.

that night wife get a call from ICICI customer care saying we have registered your complain and your money will be transferred to your account tomorrow.

Wife goes to ICIC and meets manager she say no this case is not solved and normally it takes more than 15days for this and this call is not from us.

Wonder how the hacker got this number which was just given to ICICI, also though ICICI said they deleted the old phone number and registered the new phone number my sister is still getting messages when we complain to ICICI they say it cannot be and when shown proof via screen shots said we will forward to our IT dept.

So till date this is the final summary

Idea mobile operator claims no responsibility of damage done to bank account but their responsibility is to give control of the sim card back to my sister in 24 hours and they did it

Bank does not take any responsibility as the transaction was done by the registered mobile number

Police claims it was out carelessness to give the 20 digit number to the hacker and they can do nothing

I Learnt a very good lesson and will be more careful in these matters.

Jerry

From the real life incident of the above, I can see that it’s a bit of everything. Some bad luck, some carelessness, some ignorance and a lot of smart work by fraudster. These sim swap frauds are not easy to achieve as there are lots of things which needs to happen.

Let us now look at exactly what are the steps which are involved into Sim swap fraud.

4 Steps of Sim Swap Fraud – How it can happen to you?

Let’s understand how exactly a sim swap fraud happens through 4 steps process

Step 1 – Fraudster steals your important data

In this first step, the fraudster gets your personal information like your PAN number, Bank account number, phone number, your net banking password, and any other details which are essential for an online transaction. These things can be acquired using various methods like Email/Phone/SMS frauds or by hacking into your personal devices .

Sometimes there can be data theft by getting access to your documents which might be lying with someone (imagine you give your laptop for repair and some file has all the data or imagine you leave your bank statement at a Xerox shop)

Step 2 – Placing a request for SIM Swap with your SIM company

The next step is quite important and the main step, where the fraudster places the request for sim swap with your sim company by posing a fake identity and giving all relevant documents or through online mode.

Here the person may also call you to inform you about you posing as the sim company representative and tells you a lie that your sim will be active in some time as there is an upgrade going on or something like that.

You will generally get a sms or email from sim company telling you that your sim swap request will be complete soon.

DONT IGNORE THIS SMS at any cost. This is exactly where a customer mind presence is required and you have to act fast. A lot of people who do not understand how thing work online fall prey to it. Imagine if your 70 yr old father gets this kind of sms, he might not understand exactly what it is!

Step 3 – Doing the transaction

Once the sim swap request is processed, the game is almost over because the fraudster now has all the login details and the main thing – THE NEW PHONE NUMBER which is linked to the net banking/card.

Now all they have to do is add a beneficiary and complete the transaction

Step 4 – The fraud happens

And finally, the OTP comes to the new phone number and the transaction is complete. This is the point, where you loose the money and getting it back it quite tough. I strongly suggest that you read these 21 tips you should follow to secure your banking transactions

Some Safety Tips which can prevent you from such Frauds –

  • If your network is lost for a very long time like more than 20-30 min, be alert and enquire about it from your mobile operator
  • If you ever get a sms/email alerting you that your sim swap request is received, make sure you contact your bank immediately and report this incident. If possible login to your net banking and change your passwords the same moment
  • Never share your the 20 digits mentioned on the back of sim card to anyone ever on call. This 20 digits are required for a successful sim swap
  • Don’t entertain anyone asking for any kind of OTP or your accounts details
  • Register for Alerts (SMS and Email) so that whenever there is any activity on your bank account you will receive an alert.
  • Always check your bank statements and online banking transaction history regularly to help identify any issues or irregularities.
  • Have strong passwords in your phone and computers. Don’t keep simple passwords which can be guessed by others
  • If there is any cyber fraud, immediately inform the cyber cell or the best thing is to file a FIR in local police station.
  • Don’t root your phone, if you are not a tech expert.
  • Don’t install unverified apps on your mobile or laptop. A lot of these programs can read your computer or phone data
  • Don’t leave your important documents Xerox here and there. At times we feel, nothing will happen – but bad things happen!

Do watch this video on preventing sim swap fraud!

Don’t be over confident that it can’t happen to you

Whenever we come to hear about these types of frauds any kind of fraud, the first thought as an investor comes to our mind is that no matter what happens, I will not fall prey to any such frauds.

This is nothing but overconfidence. Be alert and always pay attention to small signals which might be pointing to this kind of frauds, especially when you keep too much money in your bank account.

What happens when stock gets delisted from stock market?

Today, we will see what exactly happens when a stock is delisted from stock market? What happens to the shareholders and how they get the money back for their shares?

To understand de-listing, first let’s understand meaning of “Listing”

So when a private company wants to be become a public limited company and offer its share to open public for buying and selling, then it has to get it registered with stock market and make its shares open to public and that is called as “listing”. Once a stock lists on the stock market, it then has to follow up various processes and comply with many rules and regulations.

De-Listing of Companies from Stock Exchange

Meaning of Delisting

When a company wants to de-register its stocks from stock exchange and no longer wants to let public buy and sell its shares, then it’s called delisting process. In most of the cases, the stock holders will get back the value of their shares on the price which is determined at the time of delisting.

There are two kind of delisting

Voluntary delisting

Voluntary delisting, as the name suggests happens when the company takes the decision of delisting themselves. It happens mainly because company does not see any benefit in keeping its shares on stock exchange and wants more control. In this case, the buyback price offered to the shareholders is more price than the prevailing stock price. Common reasons behind voluntary delisting are

  • Merger with another company
  • Looking for more control and simplification within company

Involuntary delisting

  • Involuntary delisting happens not out of choice, but when the situation forces for the delisting. When this happens, mostly the shareholders don’t get the good price, because anyways the stock prices must be at lowest levels. Some of the common reasons for involuntary delisting are
  • Violations of Regulations
  • Failure to meet the minimum financial expectations
  • Company is bankrupt or ceases its 0perations
  • No longer meets the listing requirement on stock exchange

How the investor gets their money back once the de-listing happens?

In case of Voluntary delisting

Understand that if its voluntary delisting, then it’s happening because the company wants it to happen. In this case, there is enough time for shareholders to get back their money and it’s mostly the transaction between the promoter and shareholders. In this case, you can expect to sell your shares back to promoters at premium price.

There is around 1 yr. of time for shareholders to get back their money and it happens through a process called as “Reverse book building” process

In case of Involuntary delisting

When involuntary delisting happens, it’s a case of violation of norms/regulations most of the times and it sends a negative shock among stock holders. Most of the times, the stock is already quoting at a lower price. In this case, whatever price is offered by company, it’s suggested to take it and close the matter.

In any kind of listing, it’s not suggested to wait for future listing of the company because you have no idea when it will happen again. It might never happen. Also it gets very tough to find a buyer off the market and get a good deal.

Recent delisting case of Vedanta Ltd

Let’s talk a bit about the recent case of Vedanta Ltd delisting news. Recently, Vedanta Ltd has decided to delist from stock exchanges because of “Corporate simplification”. They feel it will enhance operational and financial flexibility in a capital intensive business.

It was a case of Voluntary Delisting, and hence there is enough time for delisting process and shareholders don’t have to panic at all. The company has decided to buy out the minority and non-promoters shares back from public. They have proposed an “indicative offer price” of Rs 87.5 a share which is around 10% more than the closing market price last of 79.6.

Now the next set of process will follow, but you don’t need to get into details. The point is that the delisting will happen and shareholders will get a good exit.

Here is a small list of few companies which got delisted in the last 10 year from BSE

  1. Maharaja Shree Umaid Mills Ltd on Feb 2, 2015
  2. Shantivijay Jewels Ltd on Jan 20, 2015
  3. Novopan Industries Ltd on Nov 10, 2014
  4. Vishnu Sugar Mills Ltd on Jun 30, 2014
  5. English Indian Clay Ltd on Jun 4, 2014
  6. Rhodia Speciality Chemical India Ltd on May 28, 2014
  7. Reliance Media Works Ltd on May 6, 2014
  8. Reliance Broadcast Network Ltd on March 28, 2014
  9. Gujarat Organics Ltd on Jan 9, 2014
  10. Chettinad Cement Corporation Ltd on July 8, 2013

Hope you all have understood the various aspect of delisting of a company from the stock exchange. If you all have any questions, you can put across in the comment section and I will get back to you on your queries asap.

7 principles of Insurance which every investor should know

I generally come across some very basic insurance related queries like

  • “I am not a smoker right now, if I buy a term plan – will I have to inform the company in case I start smoking in future”
  • “My father just got diagnosed with diabetes, Can I get a health insurance which covers that?”
  • “Why my premium have gone up after medicals even though I am fit and healthy?”
  • “How can an insurance company pay me Rs 1 crore, when they are just charging Rs 15,000 as premium?”

All these questions are very genuine questions and if someone does not understand the principles of Insurance, they will ask them.

So today I am going to share with you the 7 principles on which the insurance industry runs. These are basic principles on which the business of insurance is based on. I hope these 7 principles will clear our all the myths regarding insurance.

principles of insurance with real life examples

Let’s start

Principle #1 – Principle of Utmost Good Faith (Uberrimae fidei)

The principle of utmost good faith is the most basic and primary level principle of insurance and it applies to all kind insurance policies. It simply means that the person who is getting insured must willingly disclose to the insurer, all his complete & true information regarding the subject matter of insurance.

The insurer’s liability exists only on the assumption that no material fact is hidden or falsely presented by the person getting insured.

There is a process called as “Underwriting” in insurance industry which is the activity of studying the risk and assigning the premium value for the case and it’s very important that the person buying any kind of insurance tells all the facts correctly and does not hide it.

If you think about term plan or health insurance, you need to correctly mention things like

  • If you are a smoker or drinker
  • Your family illness history
  • The Industry you work for
  • Your Income
  • Your Age
  • Your current illnesses (which you are already aware of)

If you do not tell these things correctly, you are violating the “Principle of utmost good faith” here and it can impact your insurance claim process in future.

Principle #2 – Principle of Insurable Interest

This principle says that the person who is taking insurance should have some insurable interest in that thing which is getting insured. So if there will be financial loss to the person if the insured object gets destroyed. If this is not the case, insurance cannot be taken

So when a breadwinner takes life insurance for his life, it makes sense because incase the person dies, there will be financial loss to family .

In the same way, you can get your car, bike, home, gold insured because you have insurable interest in that object. You can’t get your neighbor car insured and benefit because you do not have insurable interest in that.

Principle #3 – Principle of Indemnity

Principle of Indemnity says that Insurance is not to make profit, but only to compensate you against the losses incurred. It’s an assurance to restore the same position which was there before the loss.

So the compensation paid cannot be more than the losses incurred.

In term plan, people ask why companies ask for income details. It’s to make sure that a person takes limited insurance which goes with his financial status and is good enough to restore back his family life style which was there in existence.

If a person earns Rs 1 lacs per month. Then Rs 2-3 crores is a good enough life insurance for the person and they cannot take Rs 500 crore insurance even if they can pay the premiums, because then the intention is not to cover your financial loss but to benefit/profit from the insurance policy.

That’s exactly the reason why house-wife does not get very high insurance, because the motive is to profit from the death of non-earning member and not replace the income which that person was earning.

Principle #4 – Principle of Contribution

This principle is just a corollary of the principle of indemnity. As per this principle, the insured company are liable to pay only their own contribution and they have right to recover back the excess money paid from other insurer.

Let’s see how it works.

Imagine you have two health insurance policies A and B , both for Rs 5 lacs sum assured. If there is a claim for Rs 4 lacs, then each insurer is liable to contribute Rs 2 lacs each for this claim.

However in real life, you as insurer can go to any insurer and claim it from them or divide it between insurers. So you can claim full Rs 4 lacs either from policy A or policy B or Rs 2 lacs from A and B each.

However if you claim Rs 4 lacs from company A, in that case company A can recover back Rs 2 lacs from company B as per the principle of contribution.

insurance principles example

Principle #5 – Principle of Subrogation

As per this principle, once the insured is paid for the losses due to damage to his insured property, then the ownership right of such property shifts to the insurer. So if your car / bike / house / valuables which you have insured is fully damaged and once you get compensation from insurance company, then they get the ownership of the item and now they can sell off the remains to recover their dues by that process
You can’t benefit from the remains of that item.

Imagine this scenario : You have car insurance and the car is stolen. The insurance company will pay you the full claim amount. However now the ownership rights are transferred to the insurance company and if the car is found in future by Police, it will be owned by insurance company

Also, imagine a scenario where a car is insured and the car is badly damaged beyond the use. In that case the insurance company will pay you the claim fully. Now you can’t say that you will still sell off the car parts by getting it repaired because you lose the rights to property.

One more thing ..

As per this principle, the insurer will try to recover their losses from other party later as if they were at your place. Let me give you an example

Let’s say your house is insured for Rs 1 crore. Because of some reason, let’s say your neighbor negligence there was a fire in your house and your house is fully damaged. In this case you will claim from insurance company, and get the money.

But after that the company will try to recover the losses from the culprit in the way you might have done it if there was no insurance. So might file a case against the neighbor’s in court claiming for damages.

Principle #6 – Principle of Loss minimization

As per this principle, it’s the insured duty & responsibility to take all actions to minimize the losses if it’s in their control. The insured person should take all necessary steps to control and reduce the losses if possible

Imagine there is a small fire in the car for example. If the car is insured, the insured person can’t just sit and relax thinking that the car is insured, he will get the claim for sure.

Car catches fire, and how principle of loss minimization applies for insurance claim

If it’s in his control, he can try to control the fire, call the fire department or take first level steps like throwing water etc. If they don’t do it, it’s the violation of this principle.

Principle #7 – Principle of Causa Proxima (Nearest Cause)

This is a very important principle of insurance which an insured person should be aware about.

As per this principle of causa proxima, when a loss if caused by more than one causes, then the nearest or the closest cause should be taken into consideration to decide the liability of the insurer.

The nearest cause should be insured by the insurer, only then the insurer liability comes into picture and policy holder will be paid. Insurer will not be liable for the farthest cause.

One of the common examples given for this is this

A cargo ship base was punctured by rats and because of that puncture, sea water entered the ship. If you look at the events, there are two reasons for damage of ship

  • Rats punctured the base of ship (farthest)
  • Sea Water entered the ship (closest)

Here as the insurance company will have to pay because the ship was insured against sea water entering the ship and that reason was closest.

Conclusion

Understanding these principles are a good way to understand how insurance works and how claim process works. Just because you have taken an insurance policy does not mean that it’s written in stone that your claim will be paid. You claim will be paid only when insurer liability arises in a given condition.

How NRI’s can claim tax benefit under DTAA?

The taxation becomes more complicated when you moved out of one country to another for earning. A lot of times, an NRI will be earning in India as well as abroad, and pay the income tax in India and abroad both at the same time, because of many country levy tax on global income. This leads to double taxation for NRI’s.

We will talk about Double Taxation Avoidance Agreement (DTAA) today and understand how NRI’s can take benefit from it while they are planning their investments

Many NRIs earn various types of income from India eg. rental income, interest on FD or NRE/NRO savings account or even capital gain on sale of asset, etc. However, due to DTAA (Double taxation avoidance act), An NRI can save himself from getting taxed twice.

What is DTAA?

DTAA is a tax treaty signed between India and various other countries because of which investors does not have to pay taxes twice in both the countries. Hence DTAA mainly have following benefits

  • Helps NRI’s in lowering their taxes
  • Helps NRI’s in avoiding paying dual taxation
  • Makes a country attractive for NRI’s because of such a treaty
  • Helps in curbing the tax evasion by NRI’s

The benefit of DTAA is extended every year to NRI. Which means that NRI’s who want to keep availing the DTAA benefits have to furnish the required documents at the start of every financial year to the tax authorities.

Here is an example

An NRI can avail tax benefits with the help of DTAA, as his earnings in India are taxed as per the rates decided in agreement. This prevents the NRI from paying 30.9% as TDS (Tax Deduction at Source), instead, he could pay tax at 10-25% rate depending upon the country he currently resides in.

Example of DTAA with USA

There is a DTAA between India and USA also, and the TDS rate is only 10%, which means that an NRI who has income in India and who falls in 30% tax bracket will only be paying a TDS of 10%, and not 30% if he does all the documentation. Note that there are different tax rates for various kinds of income like interest, dividends, royalty etc.

Following are the types of income’s which fall under DTAA

  • Salary that is received in India
  • Income from services that are provided in India
  • Fixed deposits & saving bank account held in India
  • House property situated in India
  • Capital gains arising out of transfer of assets in India

I think it will also be applicable on NRI’s investments in Mutual funds investments in India

DTAA with 89 countries

Right now, India has double tax avoidance treaties (DTAA) with more than 89 countries around the world, whose details can be accessed here and a simple tabular list can be found here

Below is a TDS rate list with all 89 countries (out of which some 85 are in force)

[su_table responsive=”yes”]

Sr. No Country with whom India has TDAA treaty TDS Rate
1 Albania 15.0%
2 Armenia 10.0%
3 Australia 10.0%
4 Austria 10.0%
5 Bangladesh 15.0%
6 Belarus 10.0%
7 Belgium 10.0%
8 Bhutan 15.0%
9 Botswana 15.0%
10 Brazil 15.0%
11 Bulgaria 10.0%
12 Canada 10.0%
13 China 10.0%
14 Columbia 10.0%
15 Croatia 10.0%
16 Cyprus 15.0%
17 Czech Republic 10.0%
18 Denmark 10.0%
19 Estonia 10.0%
20 Ethiopia 10.0%
21 Finland 10.0%
22 Fiji 10.0%
23 France 10.0%
24 Georgia 10.0%
25 Germany 10.0%
26 Hongkong 10.0%
27 Hungary 10.0%
28 Indonesia 10.0%
29 Iceland 10.0%
30 Ireland 15.0%
31 Israel 10.0%
32 Italy 10.0%
33 Japan 10.0%
34 Jordan 10.0%
35 Kazakhstan 10.0%
36 Kenya 10.0%
37 Korea 10.0%
38 Kuwait 10.0%
39 Kyrgyz Republic 10.0%
40 Latvia 10.0%
41 Lithuania 10.0%
42 Luxembourg 10.0%
43 Malaysia 15.0%
44 Malta 7.5%
45 Mongolia 10.0%
46 Mauritius 10.0%
47 Montenegro 10.0%
48 Myanmar 10.0%
49 Morocco 10.0%
50 Mozambique 10.0%
51 Macedonia 10.0%
52 Namibia 10.0%
53 Nepal 10.0%
54 Netherlands 10.0%
55 New Zealand 10.0%
56 Norway 15.0%
57 Oman 10.0%
58 Philippines 10.0%
59 Poland 10.0%
60 Portuguese Republic 10.0%
61 Qatar 10.0%
62 Romania 10.0%
63 Russian Federation 10.0%
64 Saudi Arabia 15.0%
65 Serbia 10.0%
66 Singapore 10.0%
67 Slovenia 15.0%
68 South Africa 10.0%
69 Spain 10.0%
70 Sri Lanka 10.0%
71 Sudan 10.0%
72 Sweden 10.0%
73 Swiss 10.0%
74 Syrian Arab Republic 10.0%
75 Tajikistan 10.0%
76 Tanzania 10.0%
77 Thailand 15.0%
78 Trinidad and Tobago 10.0%
79 Turkey 10.0%
80 Turkmenistan 12.5%
81 Uganda 10.0%
82 Ukraine 15.0%
83 United Mexican States 15.0%
84 United Kingdom 10.0%
85 United States (USA) 10.0%
86 Uruguay 10.0%
87 Uzbekistan 10.0%
88 Vietnam 10.0%
89 Zambia 10.0%

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What sections under IT Act provide relief from paying double tax?

Section 90, Section 90A and Section 91 of the Income Tax Act, 1961, provides for DTAA relief.

Section 90 – Reads as “Agreement with foreign countries or specified territories”. It applies to the cases where India has a bilateral agreement with another nation like Canada, UK, Singapore, etc.

Section 90A – When a specified association in India enters into an agreement with a specified association abroad, the Central Government, may by notification adopt such agreement and provide relief under section 90A of the Income Tax Act, 1961.

Section 91 – Applies to cases where India does not have any bilateral agreement, rather it has unilateral agreement. It states how tax relief can be availed in case of “Countries with which no agreement exists.”

How to claim DTAA benefits?

To benefits from the provisions laid under DTAA, an NRI individual will have to provide the following documents in a timely fashion to the concerned deductor eg. bank in case of tax on interest income earned.

  • Self-declaration cum indemnity format
  • Self-attested PAN card copy
  • Self-attested visa and passport copy
  • PIO proof copy (if applicable)
  • Tax Residency Certificate (TRC)

According to the Finance Act 2013, an individual will not be entitled to claim any benefit of relief under the Double Taxation Avoidance Agreement unless he or she provides a Tax Residency Certificate to the deductor.

To receive a Tax Residency Certificate, an application has to be made in Form 10FA (Application for Certificate of residence for the purposes of an agreement under section 90 and 90A of the Income-tax Act, 1961) to the income tax authorities of country of residence. Once the application is successfully processed, the certificate will be issued in Form 10FB.

DTAA methods

There are two ways NRI’s can claim the DTAA benefits, and let’s discuss it here

Tax Credit Method

This is the most popular method of taking DTAA benefits. Under tax credit method, the person first has to take into consideration all his income into consideration (foreign country + home country income) and calculate the taxes applicable. Then they will calculate the taxes as per home country and take that much credit while paying for taxes.

For example, if someone has a bank interest in India for 20 lacs and the tax rates applicable to them is 30%, and if in the foreign country they live right now taxes is at 40%, then the person will be able to take back the credit of 30% and only pay additional 10% taxes. This method makes sure that there are almost no way a person pays dual taxes.

Exemption Method

This is another way, in which you don’t have to consider your home country income at all and just have to pay the taxes on the income which you have earned in the foreign country. So it does not matter what are the tax rates in different countries. As per the DTAA treaty, you just skip the home country income altogether, so you just end up paying taxes in home country only.

Take Professional Help with it comes to DTAA

Once you have become an NRI, and you have multiple income sources in different countries and when you also have spent different times in India and abroad, it becomes quite complicated to take benefit of DTAA rules. You also have a chance of making a mistake and pay less tax (or to pay more) if you try to do it yourself.

Hence I strongly suggest that you hire a professional CA who has expertise in DTAA matters and pay the fees to them to do the calculations and tax filing.

I hope this article was able to help you understand various rules related to DTAA.

If you are an NRI, we also invite you to explore our NRI financial planning services

What is Cost Inflation Index (CII)

Can you guess, what these numbers are for 200, 220, 240 or 264?

Don’t worry it is not some math thing. These numbers are used as measures to save you from paying higher taxes on the sale of any capital asset like real estate or gold. It’s the value of the “Cost Inflation Index” (CII) from the financial year 2012 – 13 to 2016 – 17.

Let’s understand what is this and how CII can be used to save tax?

What is the Cost Inflation Index?

Imagine you have bought a house in 2015 worth Rs. 2 Cr. and you are selling it for Rs. 3 Cr. in 2018. So, what will be the capital gain here? It is Rs. 1 Cr., can you imagine how much tax you might have to pay for it? That will be really a big chunk of the profit to be paid as tax.

To save you from heavy tax payments, the government has come up with CII. It is used for calculating the estimated increase in the prices of goods and assets year-by-year due to inflation.

With the help of CII, the cost of purchase of an asset will be indexed, in other words, it will be revalued or increased from its original price, considering the effect of inflation and will result in lowering capital gain tax payable on the sale of the asset.

How?? we will see later, but lets first understand…

Why CII is used in income tax?

CII is used for capital assets like real estate, gold, debt mutual funds or debentures. Asset class whose price will increase by a period of time as the value of money gets eroded due to the country’s inflation.

However, we record capital assets at cost price, despite increasing inflation, they exist at the cost price and cannot be revalued. Therefore, when these assets are sold, the profit amount remains high due to the higher sale price as compared to purchase price. This leads to a higher tax to be paid on capital gain arisen on their sale.

In the above-mentioned example, we all know that the value of 2 Cr. at the time of 2015 can not be equal to the value in the year 2018, it will be increased. The house purchased in 2 Cr. will cost much higher today, and the reason is “Inflation”.

And therefore, the Cost Inflation Index is calculated to match the prices to the inflation rate. In simple words, an increase in the inflation rate over a period of time will lead to an increase in the prices of capital assets and eventually result in lesser capital gain and tax.

In simple words, CII helps in calculating Real gain =

Selling Price of the Asset – Inflation Adjusted Purchase Price of Asset

How the cost inflation index is calculated?

How will you calculate the Inflation Adjusted Purchase Price? If let on investor, each person will have his own view in inflation, hence the CBDT (Central Board of Direct Taxes) notifies a unique number based on their calculation on consumer price index every year in the official gazette, which is used for calculating the indexed cost.

Cost Inflation Index = 75% of the average rise in the Consumer Price Index* (urban) for the immediately preceding year.

Consumer Price Index compares the current price of a basket of goods and services (which represent the economy) with the price of the same basket of goods and services in the previous year to calculate the increase in prices. How CII is calculated is not much of our use, but let us see, what are the rates notified?

What is the concept of the base year in the Cost Inflation Index?

For this purpose, the government has defined a base year i.e 2001 – 02. For all purchases before 2001, the factor used is the base factor which is 100.

Any capital asset purchased before the base year of the Cost Inflation Index, taxpayers can take the purchase price as higher of the “actual cost or Fair Market Value (FMV) as on 1st day of the base year. Indexation benefit is applied to the purchase price so calculated. FMV is based on the valuation report of a registered valuer.

Suppose a land was purchased in the year 1995. So, for calculating the indexed cost of acquisition, the fair market value of land in the year 2001 – 2000 will be considered for calculation of the indexed cost of acquisition.

Change of base year from 1981 – 82 to 2001 – 02?

Initially, 1981-82 was considered as the base year. But, taxpayers were facing hardships in getting the properties valued which were purchased before 1st April 1981. Tax authorities were also finding it difficult to rely on the valuation reports.

Hence, the government decided to shift the base year to 2001 so that valuations can be done quickly and accurately.

Chart of Cost Inflation Index

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Financial Year Cost Inflation Index (CII)
2001 – 02 (Base Year) 100
2002 – 03 105
2003 – 04 109
2004 – 05 113
2005 – 06 117
2006 – 07 122
2007 – 08 129
2008 – 09 137
2009 – 10 148
2010 – 11 167
2011 – 12 184
2012 – 13 200
2013 – 14 220
2014 – 15 240
2015 – 16 254
2016 – 17 264
2017 – 18 272
2018 – 19 280
2019 – 20 289

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Applicability of CII in capital gain tax calculation

The cost inflation index can be used for calculating long term capital gains (LTCG) for investments in securities and real estate.

Since LTCG is flat 10 % (above the gain of Rs. 1 Lac) for investments in Equities, hence it has no relevance for calculating LTCG for investments in shares and equity mutual funds. But, it is useful to calculate LTCG in debt-oriented mutual funds (especially Bond funds and Fixed Maturity Plans).

Debt Mutual Funds – LTCG can be claimed only if the holding period is more than 3 years.

Properties / Real Estate – In the case of property, LTCG can only be claimed if the holding period is more than 2 years.

How CII is applied?

When the indexation benefit is applied to the “Cost of Acquisition” (purchase price) of the capital asset, it becomes “Indexed Cost of Acquisition”.

[su_box title=”Calculation of Indexed Cost of Acquisition”]Indexed Cost of acquisition = Cost of acquisition * CII for the year of transfer / CII for the year of purchase or base year (in case of the asset purchased before 2001)[/su_box]

Let’s understand this with the help of the same example given at the start. You bought a house for Rs. 2 Cr in the financial year 2015 – 16 and sold it in F.Y. 2018-19 for Rs. 3 Cr. So, what will be the capital gain after considering CII?

CII for 2015 – 16 = 254

CII for 2018 – 19 = 280

Indexed Cost of acquisition = 2,00,00,000 * 280/254 = 2,20,47,244

Therefore, Capital gain = Cost of sale – Indexed cost of aquisition = 79.52 Lakh (3 Cr. – 2.20 Cr.) which would have been Rs. 1 Cr.withour CII.

Hence, taxed at 20% (rate for LTCG) saved on Rs. 20.48 Lakh i.e Rs. 4 Lakh approx.

I hope, this article helped you in understanding the concept of CII and its importance. Let us know what you think about CII and revision made by CBDT in the base year in the comment section.

How PMS (portfolio management services) works?

If you are a high net-worth individual, looking for investing in a professionally customized portfolio of stocks, then PMS (Portfolio management services) can be a good choice for you.

In this article, we will discuss everything about PMS – Portfolio Management Services.

What is Portfolio Management Services (PMS)?

PMS is a service targetted at HNI investors who have a high-risk appetite, and the minimum ticket size of the investment required in PMS is Rs. 50 Lakhs – as increased by SEBI recently.

A lot of investors want to have a direct equity portfolio and may want high returns by taking a huge risk. A lot of investors manage their portfolio, but not everyone might have all the expertise needed to manage the stock portfolio. For this kind of investor, PMS can be a good option to look for beyond equity mutual funds.

There are 3 types of PMS

Discretionary: Discretionary Portfolio provides the service provider a right to make decisions on behalf of the client, whether he wants to sell or buy the shares. He is not bounded to consult with the client.

Non-discretionary: The portfolio manager suggests investment ideas suitable to risk appetite investor, while the decision is taken by the client. The client at his discretion can select stocks or other investment products. However, the execution of trade is done by the portfolio manager.

Advisory: Under these services, the portfolio manager only suggests investment ideas. The choice, as well as the execution of the investment decisions, rest solely with the Investor.

Note: In India, the majority of Portfolio Managers offer Discretionary Services. Most of the portfolio management companies provide model-based services. A standard model is followed and a bit alteration is done for individual client preference.

PMS is an individualized pool of funds

When you opt for a PMS scheme, a bank account, Demat account, and trading account are separately opened in your name and all investments are made in your name only. Accordingly, any income or dividend coming out of the investment made will also be credited in your bank account and the shares will be held in the Demat account in your name.

It means you hold all stocks individually, unlike mutual funds, where there is a pool of funds managed by a fund manager and performance is evaluated based on per day NAV. Each fund performance is influenced by all the investors jointly based on their sentiments, whereas in PMS the behavior of individual investors is isolated from one another.

PMS agreement

When you opt for a PMS service, you need to sign an agreement, which specifies all the details of services to be provided along with strategies and models of portfolio to be followed by the portfolio manager. When you sign it, you give a power of attorney for operating your trading and bank account to the portfolio manager.

If you are having a Demat account, trading account and bank account, you have to open all of these again to avail PMS. So that a portfolio manager can clear power of attorney. Therefore, whenever dividend or interest income or any other amount is credited to the bank account linked to PMS, the portfolio manager will redirect that amount in your portfolio.

As per market regulator Sebi’s instructions, a portfolio manager is required to furnish performance reports to their clients every 6 months. Most portfolio managers give a username and password which can be used to login to their website and see the portfolio statements.

The fee structure in PMS

PMS has a high cost of maintenance as compared to any other investment option. It has entry load, yearly management cost as well as profit sharing. However, they vary from provider to provider.

1. Entry Load – When you opt for portfolio management service, you are charged an entry fee which is generally termed as the Entry Load or Set up cost. It is 1 to 3% or it may vary. It gets deducted from the amount of your investment.

So, as we said, to avail, this service minimum amount is Rs. 50 lakh. So, you have to keep aside Rs. 50 Lakh + 2 or 3% of set up costs to start investing in PMS.

2. Management Charges – This is a service charge for managing your portfolio. It may vary from 1-3%, depending upon the service provider.

3. Profit-Sharing Fees – If a PMS has profit-sharing agreements between the client and provider, in addition to other fixed fees, then this charge is based on such terms of an agreement. Some charge this fee-based in the hurdle rate.

The hurdle rate is a promised rate of return. If a portfolio has given more than that percentage, then 10% or any percentage will belong to PMS company. It means you have to share profit if your portfolio has managed to give returns above what was promised.

Apart from the charges mentioned above, the PMS also charges the investors on the following counts as all the investments are done in the name of the investor:

  • Custodian Fee
  • Demat Account opening charges
  • Audit charges
  • Transaction brokerage

However, the fees of the service providers are negotiable, so you can exploit it as much as you can. There is no standard norm defined for the PMS fee.

Advantages of PMS

  • A portfolio of stocks and debts monitored and professionally managed by an expert.
  • PMS promises to outperform benchmark i.e Higher returns than the benchmark in the long run.
  • You get to invest across asset classes – debt, equity, gold, and mutual funds.
  • No limit to the extent to which you can invest in a certain stock.
  • No herd behavior is followed by an expert, they keep your requirements in their mind and accordingly invests in the segment preferred.
  • Diversified as well as focused portfolio depending on investor’s profile.

Disadvantages of PMS

  • As per SEBI guideline Minimum investment required is Rs. 25 lakhs (From 1st Jan 2020 it will be increased to Rs. 50 Lakh) because of which a small investor won’t be able to enjoy services offered under PMS.
  • PMS providers share profits but not losses.
  • Long documentation procedure, you need to open a new Demat Account, trading, as well as bank, account for PMS.
  • High set up cost – you have to pay 1 or 2 % of your AUM i.e. the amount you want to invest, at the time of investment. Along with this you also have to pay yearly management cost.

How PMS are taxed in India?

PMS taxation has always been quite debatable in the past whether it should be treated as Business Income or Capital Gains, but from the last few years after a recent court ruling, it’s now clear that profits from PMS will be treated as normal Capital gains and equity taxation rules will apply.

This means that any short term capital gains (before 1 yr) will be taxed at 15% and any long term capital gains will be taxed at 10% (after 1 lac limit per financial year) without indexation benefits.

Difference between mutual fund and PMS

A lot of investors might wonder how much PMS is different than an equity mutual fund. Here is a video which talks about the difference between PMS and Mutual funds.

Also, here is the tabular comparison between PMS and mutual funds

[su_table responsive=”yes” alternate=”no”]

Basis of difference Portfolio management services Mutual Fund
Impact of sentiments Individual portfolios are isolated from other investors behavior The sum total of all the investors’ in fund impacts the overall performance of a fund
Limitation No caping on the purchase of listed stock. However, PMS can not invest more than 25% of AUM in unlisted equity shares. Caping of 10% of AUM of a fund in a single stock, it means a limitation on investment
Public Data on past performance No standardized terms of working & publication of data Standardized method of representation of data on the website of every fund house
Cost structure Variable or fixed fee structure (usually very high but negotiable) Fixed fee structure
Entry Load High set up cost i.e 1 or 2% of AUM of an investor is chargeable as set up fee No setup cost or entry load
Initial requirements Accounts required Demat + Trading + New bank account (new accounts are to be open if required by the PMS company) Existing Bank account
Required Minimum investment The Minimum ticket cost Rs. 50,00,000 SIP Rs. 1000

Lump-sum Rs. 5000

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We hope this article helped you to understand PMS in brief. Please comment on how you liked it and if you have any queries regarding PMS. In case you want to invest in PMS, we can also help you in that regard. Just email us at [email protected] and we will get back to you.

Sovereign Gold Bonds – 9 things you should know

Most of the investors feel that gold is a good option to invest. One, because it gives quite reasonable returns and second but most important, we have an attachment with gold as per our traditions.

However, if you want to buy gold physically, you need to bear storage cost i.e. locker rents and along with this, it is not easy to buy and sell physical gold. And hence, Gold ETFs came into existence, which enables investors to trade gold on stock exchange and earn returns like they would be doing in case of physical gold.

But, now there is another option which is just like you are investing in physical gold available in Demat form, which can be traded on stock exchange, and also get a small amount of interest on the investment.

We are talking about Sovereign Gold Bonds. These bonds are issued by RBI in consultation with Govt. of India.

What is Sovereign Gold Bond?

Sovereign gold bonds were introduced by the Government of India in 2015 under the Gold Monetization Scheme, to enable investors to invest in an asset class which is a substitute for physical gold.

RBI announces public issues under these schemes in tranches i.e. specifying series along with dates of subscription of series of bonds and date of allocation.

You can refer below table for the SGB scheme 2019-2020 issue –

[su_table responsive=”yes” alternate=”no”]

S. no. Tranches Date of subscription Date of Issuance
1 2019-20 Series V October 07-11, 2019 October 15, 2019
2 2019-20 Series VI October 21-25, 2019 October 30, 2019
3 2019-20 Series VII December 02-06, 2019 December 10, 2019
4 2019-20 Series VIII January 13-17, 2020 January 21, 2020
5 2019-20 Series IX February 03-07, 2020 February 11, 2020
6 2019-20 Series X March 02-06, 2020 March 11, 2020

[/su_table]

As these bonds are issued by the Reserve Bank of India on behalf of the Government of India, they carry sovereign guarantee. These bonds are issued at the discretion of government from time to time with a specified close date, and they are open for the public to subscribe.

The bonds are denominated in units of one gram of gold or multiples thereof. Minimum investment in these bonds is one gram.

9 features of Sovereign Gold Bond?

Let us understand the Sovereign gold bond in detail by referring to all its features.

1. Who are eligible to buy sovereign gold bonds?

Any resident individual including HUFs, trusts, universities and charitable trusts can buy sovereign gold bonds. This bond can also be purchased by a guardian or parent on behalf of a minor. But, a non-resident or ordinarily non-resident of India cannot buy a sovereign gold bond.

However, if a resident individual who bought SGBs, who has now become NRI can hold them till the maturity of the bond but cannot repatriate the maturity amount. He/she cannot even trade SGB’s on stock exchange.

2. Denomination of gold bond

Each investment will be denominated in multiples of gram or grams with a basic unit of 1 gram at least to be purchased in a single purchase i.e. minimum investment. It means if you want to invest Rs. 10,000 and the rate of gold on purchase date is Rs. 4000 per gram. So your investment will be denominated in 2.5 grams.

3. Maximum Amount

There is a limitation on the amount of gold that you can be held in sovereign bond. How much gold one can have in a financial year i.e. April to March (whatever can be the price of gold) is given for each category of eligible investors –

[su_table responsive=”yes” alternate=”no”]

Category Maximum Subscription
Individuals 4 kg
HUFs 4 kg
Trusts and similar entities 20 kg

[/su_table]

This ceiling will include bonds purchased under different tranches during initial issuance by government i.e. subscribed in the primary market as well as via the secondary market.

4.Issue Price

The price of the bond will be fixed in Indian rupees on the basis of the average closing rate of the last 3 working days of the week preceding the subscription period of gold having 999 purity (24 caret) published by India Bullion and Jewelers Association.

The issue price of the gold bonds will be less by Rs. 50 per gram for those who subscribe for it online and pay through digital mode.

5. Interest rate

The investors will be paid Interest on the amount of initial investment at the rate notified by RBI for a particular tranche at the time of its launch and is payable semi-annually. Till date interest is near to 2.5% p.a.

6. Redemption

Redemption price shall be fixed in Indian Rupees and the redemption price shall be based on a simple average of the closing price of gold of 999 purity of the previous 3 business days from the date of repayment, published by the India Bullion and Jewelers Association Limited.

7. Listed on the stock exchange

These bonds can be held in Demat form and the government has enabled trading of gold bonds on the stock exchanges i.e. NSE and BSE. This feature is given to enable easy trading of bonds and one can buy bonds even after the subscription period is closed.

8. Maturity

The tenure of the bond will be for a period of 8 years with exit option in 5th, 6th and 7th year, to be exercised on interest payment dates. It means one cannot redeem bonds before the end of 5th year. However, if one wants, he can transfer bonds via the stock exchange platform. So, we can say that there is no lock-in for SGBs.

9. SGBs can be used as collateral

Bonds can be used as collateral for loans. The loan-to-value ratio (LTV) is to be set equal to ordinary gold loan mandated by RBI. Therefore, it is a very good option that you can use gold bonds as security against loans like stocks.

9. Payment Options

The payment of SGBs can be made in cash (up to Rs. 20,000) or Demand Draft or Cheque or electronic mode. It’s good that you have an option to use cash for it. However, on redemption or transfer, the amount will be credited to your bank account.

How to buy Sovereign Gold Bonds?

Whenever the government of India announces a series of bonds, they specify the dates of subscription, date of issuance of bonds and the amount of purchase per gram. A subscriber can go via physical mode or online mode for subscription of SGBs.

1. Physical Mode – To invest in gold bonds, you can fill in the application form which is provided by issuing banks or from designated post offices. You can also download the application form from the website of the Reserve Bank of India.

Scheduled Commercial Banks (excluding RRBs, Small Finance Banks and Payment Banks), designated Post Offices (as may be notified), Stock Holding Corporation of India Ltd (SHCIL) and recognized stock exchanges viz., National Stock Exchange of India Limited and Bombay Stock Exchange Ltd. are authorized to receive applications for the Bonds either directly or through agents.

2. Online Mode – To invest in bonds using online mode, one can use their intermediaries/broker’s platform or bank platform. There will be a discount of Rs. 50 per gram if you purchase via online mode and paying through digital mode.

Every applicant must provide their PAN number issued by the Income Tax Department. Without a PAN, one cannot apply for investing in gold bonds.

Tax treatment of Sovereign gold bonds

The capital gains tax arising on redemption of SGB to an individual has been exempted. This is an exclusive income tax benefit offered on gold bonds to encourage investors to shift to non-physical gold.

However, the transfer of gold bonds before maturity will attract Capital gain tax. The indexation benefits will be provided to long term capital gains arising to any person on transfer of bond using secondary market after 3 years from the date of purchase.

The interest received on SGB per financial year is taxable as per the slab rate of subscriber.

Comparison of Physical gold, Gold ETF and Sovereign Gold Bond

[su_table responsive=”yes” alternate=”no”]

Points Physical Gold Gold ETF Sovereign Gold Bond
Returns Lower than actual return on gold (due to making charges) Lower than actual return on gold (due to brokerage) Higher than actual return on gold (due to interest payments)
Safety Risk of handling physical gold High High
Purity of Gold Purity of gold always remains a question High as it is in electronic form High as it is in electronic form
Capital Gain LTCG applicable after 3 years LTCG applicable after 3 years LTCG applicable after 3 years (No capital gain tax if held till maturity)
Loan collateral Yes No Yes
Tradability Conditional – depending upon availability of buyer Tradable on exchange Tradable on exchange and redeemable 5th year onwards
Storage cost High No No

[/su_table]

Are sovereign gold bonds safe?

As we already mentioned, these bonds are issued by RBI in consultation with GOI, it ensures that there will not be any question about default risk i.e. no risk of repayment. However, the price or the redemption value of the bond will depend upon actual market price, so a drop in the market price of gold can put the capital at risk, which is a fact in case of holding physical gold or gold ETFs as well.

Why should you invest in Sovereign gold bonds?

See, buying SGB’s are suggested just as a substitute for buying physical gold. The flaws of buying physical gold are many like, they are not easily tradable and involve heavy storage cost, you don’t earn any interest on holding physical gold, you bear making charges and if you earn any gain on sale of gold you have to pay capital gain tax.

In SGBs you need not to face all these flaws instead they are very safe in terms of default risk, We cannot say that there is no risk, considering capital loss risk that may happen due to market price change.

Conclusion
If you are looking for long term investment in gold then instead of physical gold, SGBs are suggested. You don’t need to pay any tax i.e. capital gain tax on redemption of SGB on maturity or after 5th year. But, keep it in mind that there is STCG tax or LTCG tax on the transfer of SGBs on stock exchange before maturity and there is a limit on the quantity of gold that one can hold per financial year in the form of bond.

PIS account for NRI’s – Invest in Direct Equities in India

Are you an NRI who is planning to invest in direct stocks or other equity options? Indian economy is one of the fastest-growing economy and many NRIs and PIOs are planning to invest in Indian equities, but they are not sure, whether they can invest in India or not? And what is the procedure for investment?

As per rules, an NRI can also invest in direct equities, equity mutual funds or future & options (F&O) in India just like a resident but NRI’s have to open a separate account called as PIS account (portfolio investment scheme account) for investing in direct equities and we will look at that today.

PIS Account (Portfolio investment scheme)

PIS or portfolio investment scheme account is an account to be opened by NRI’s if they want to invest in stocks directly. This PIS account allows NRIs to buy and sell shares and convertible debentures of Indian companies on BSE & NSE by routing such transactions through their NRE/NRO bank account.

How to get PIS Account activated?

  • Step 1 – Open an NRE account/NRO account or you may already have it
  • Step 2 – You need to ask your bank for PIS form, fill a form ‘Application for designating bank account for PIS’ and submit it to the bank. Bank will send the form to RBI for approval.
  • Step 3 – Once approved by the RBI, the requested bank account (NRE or NRO) is designated as PIS Account.
  • Step 4 – Your Demat account and the trading account will be linked with the PIS account to enable the buy and sell off stocks at NSE/BSE.

Once your PIS account is linked with a Demat and trading account, you can invest in stocks online.

Non-PIS Account

By default, every NRE/NRO account is a non-PIS account (PIS is not activated). The following are the investments which can happen with the non-PIS account.

  • Mutual Funds and IPOs.
  • Sale of shares acquired through Right Issues/ ESOP
  • Sale of shares received in inheritance
  • Sale of shares received in bonus
  • Sale of shares bought when NRI was resident Indian.

Many banks make it mandatory to open a separate Non-PIS account along with a PIS Account. They offer 4-in-1 Account which includes:

  • NRI Saving Bank Account (Non-PIS)
  • NRI Saving Bank Account (PIS)
  • NRI Demat Account
  • NRI Trading Account

Important points

  • Transactions from a Non-PIS account are not reported to the RBI.
  • The PIS account cannot be a joint account
  • NRIs cannot do intraday trading with the PIS account. NRI’s can’t sell stocks without taking delivery of the shares/convertible debentures purchased.
  • Short selling is not permitted under PIS.
  • One can have only 1 PIS linked account. If you would like to open a PIS account with another bank, you will have to close the existing PIS account first.
  • In the case of POI, the POI card is also required in documentation
  • In case your overseas address is not in English, you need to get it translated by a translator in your city and get their stamp
  • In case you do not want to travel to India just for making investments, you can always give POA (Power of attorney) to someone trusted who can do the process for you.

3 account to be opened along with PIS account

Note that PIS is mainly permission and not an account in itself. If you want to buy and sell stocks in India, you would need NRE/NRO bank account along with the Demat and Trading account. Below are the details for each of those.

NRE/NRO Saving Bank Account

For any type of investment in India by NRI, whether it be mutual funds, commodities, or stocks, IPO having an NRE or NRO account is mandatory.

  • NRE Account – NRE account is a bank account where the money is deposited in Indian as well as foreign currency. You can use the money deposited in it, in the country of your residence or in India. Therefore, it is called as repatriable.
  • NRO Account – NRO bank account is only partially repatriable, means you can use the money only in India. And you can only deposit Indian income in this account. It is used to deposit rent, interest, other source income earned from India.

So depending on your situation and income type, you need to open these accounts. One can have any number of NRE/NRO accounts if required.

Many NRIs are using a saving bank account for transacting in India, which is illegal. So, once you become an NRI, you should convert your savings bank account into NRE/NRO account.

These are just marking on the existing saving bank account. One needs to fill a required form and attach required documents like PAN, Identity proof of country of residence, Passport, etc.

Demat Account

Demat account is to hold securities (shares) in electronic format. Unlike most developed countries where equity holding is kept with the broker, in India, they are kept in a separate account called Demat account. The Demat account is a secured online account.

First time NRI investors need to open a Demat account with a registered broker. Various brokers like Zerodha, ICICI, and Axis, IIFL, etc., are available for NRI investors.

Every broker offers different services and charges different fees and brokerage for the same. It is wise to check every detail of the broker before opening a Demat account. To open an NRI Demat account, the following documents are needed to be submitted-

  • Bank Account Statement/ Passbook Bank proof should indicate NRE/NRO saving a/c bank details
  • Foreign address proof
  • Indian Passport
  • PAN card
  • Photograph of investor
  • Canceled bank account cheque
  • If NRE or NRO is not mentioned (pre-printed) on the cheque, then bank verification letter is required.

All the photocopies of the KYC document should be attested by any of the entities like Notary Public, any Court, magistrate, judge, Local banker, Indian embassy, Consulate General of the country where NRI is residing.

Trading Account

In addition to a Demat account, an NRI also needs an NRI trading account to trade in stock exchanges i.e. to place buy/sell orders. The documents required to open NRI Trading accounts same as NRI Demat account.

Most brokers offer 2-in-1 account services wherein an NRI can open both trading & Demat account at once. Some stockbrokers who are part of a banking group such as ICICI Direct, HDFC Securities and SBI Capital, etc., offer all services like NRE/NRO account, Demat and Trading accounts are opened at once.

Let us know if you have any more queries related to PIS account? We will be happy to answer them in the comments section

What is FCNR Deposit Account? Fixed Deposits for NRI’s in India

Since India offers higher interest income as compared to many other countries, many NRIs prefer India for fixed deposits or term deposits. However, they are afraid of foreign exchange risk as well as taxation norms.

So, if you are an NRI, looking for a safe investment option in India without obtaining approval of RBI, then FCNR (Foreign Currency Non-Residence) term deposit account could be one of the best option considering Forex and tax. In this article, I will be covering all the aspects of FCNR term deposit.

What is FCNR Term Deposit?

FCNR stands for Foreign Currency Non-Resident, it a type of fixed deposit for NRI of Indian nationality or PIO. An NRI can maintain a fixed deposit in foreign currency and earn regular interest on the same without prior approval of RBI with authorized dealer banks in India i.e. a bank authorized to deal in foreign exchange.

FCNR accounts allow deposit as well as withdrawal in foreign currency. Therefore, it avoids foreign exchange risk, which is involved in other option of investments in India.

These are the currencies, which are allowed to be deposited in FCNR account –

  • US Dollar
  • British Pound
  • Euro
  • Japanese Yen
  • Australian Dollar
  • Canadian Dollar

Along with these, RBI has allowed, authorized dealer banks to accept deposits in “Permitted currency” as well. Permitted currency means a foreign currency which is freely convertible and mainly includes, Danish Krone, Swiss Franc, and Swedish Krona.

Features of FCNR Term Deposit

  • FCNR account has a maturity ranging from 1 year to 3 years.
  • It can be opened jointly with 2 or more NRIs provided, all are persons of Indian nationality or origin
  • With FCNR, you can easily repatriate the principal as well as interest to the country of residence/origin
  • Nomination facility is available and any NRI, POI or Indian resident can be the nominee
  • Recurring deposits are not accepted under this scheme
  • On premature withdrawal/transfer to NRE account from FCNR, 1% penalty might be charged (varies from bank to bank)

Below is a video about FCNR account which will give you brief knowledge about it.

What can be the mode of investment?

For FCNR deposit, it is not mandatory to transfer funds from NRE/NRO account, as in the case of other investment options. One can transfer funds from overseas bank account directly to open FCNR account through cheque.

One can also use travelers cheque or foreign currency notes to deposit in FCNR account, on visit to India. Even one can also use an existing FCNR for creating new FCNR term deposit.

Documents required for opening FCNR Account

For opening this account, an application form duly attested by your banker/embassy of India/public notary must be submitted to the bank along with the following documents attached-

  • Copy of passport
  • Latest overseas bank statement
  • Latest overseas address proof

If you are unable to visit India, then you can open this account by issuing power of attorney to a resident individual, who can fulfill all the requirements on your behalf.

Loan facility against FCNR

You can also avail loan against FCNR, provided that the proceeds of loan are not used for the purpose of re-lending i.e granting loan, carrying on agricultural/plantation activities or for investments in real estate sector. However, one can use the loan amount for other financial investment purposes like stocks or mutual funds, etc.

Loan can be availed in rupee or in any foreign currency.

Interest calculation and Taxation

The interest rate on FCNR  is compounded yearly and the rate of interest depends on the currency deposited and maturity term of FCNR account. For instance, the rate for a 1-year FCNR deposit in the US dollar would be in the range of 2.5-3% while the same for a deposit in the Australian dollar would be 5-6%.

Interest is calculated at an interval of  180 days each (i.e 6 monthly) and for remaining actual number of days in a year. However, the yearly interest amount is credited at the end of 360 days as per RBI guidelines.

Interest earned on FCNR deposits is tax-exempt as long as an individual qualifies as an NRI or not ordinarily resident. But, it might be taxable as per the prevailing taxation rules of your country of residence/origin.

What are the norms, if NRI status changes to resident Indian?

On change of status, it is your responsibility to inform the bank about it, so that the FCNR account will be designated as a resident account. FCNR will continue to earn interest. However, as the interest income is tax-free in the hands of NRI, now if you are qualifying as a resident or ordinarily resident, you will be taxed as per Indian slab rates, irrespective of the fact that you will be taxed in other country.

Conclusion

If you are afraid of bearing loss due to currency fluctuation then FCNR is a good option as compared to NRE/NRO saving deposits. It is specially designed to cover foreign exchange risk. However, it is very important to choose a good bank for FCNR, because if deposits are made at weak banks, it may be unable to pay back upon maturity.