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How to repatriate funds from real estate investment, both for rental income and proceeds on sale?

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The laws are quite lenient but have some provisos.

There is no restriction on NRIs for repatriating rental income or even property sale proceeds (other than agricultural land, a farmhouse and plantation property) as long as the total proceeds are within the set limit of USD1 million in a fiscal year.

The conditions are:

The property being sold was acquired as per the foreign exchange regulations applicable during that period.

– The amount being repatriated cannot exceed the cost of the sale proceeds from the transaction.

– The sale proceeds from a maximum of two residential properties can be repatriated.

– The maximum amount of repatriated funds from a Non-Resident Ordinary (NRO) account is capped at $1 million per fiscal year.

– Funds can be repatriated only after settling all the applicable taxes and other charges.

If the property was purchased with money received from inward remittance or debit to NRE/FCNR/NRO account, the entire principal amount can be repatriated outside India immediately while the balance must be deposited in an NRO account.

To start the repatriation process, the NRI must get a certificate from a Chartered Accountant (CA) in India, issued in Form 15CB. The form can be downloaded easily from the Indian government tax website. This form verifies that the money acquired was via legal channels and all due taxes have been paid. The CA verifies and signs the form.

The next step is to fill Form 15CA which can also be downloaded from the same website. The form must be filled and submitted online, after which a system acknowledgement number is automatically generated and displayed. The NRI must print out the filled undertaking of Form 15CA displaying the system-generated acknowledgement number, and sign it.

The final step is to take the signed undertaking along with the CA certificate on Form 15CB to the bank where one has an NRO account. The concerned bank will check the forms and transfer the money abroad (up to $1 million in an FY). Apart from these forms, the bank will also ask for a copy of the sale document of the property. If the property has been inherited, the bank will ask for the Will copy, legal heir certificate, and death certificate of the person on whose death the property was inherited.

Can a property be gifted, and what are the statutory charges levied on a gifted property?

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An NRI can gift residential and commercial property to a person resident in India or to another NRI. However, if the property is agricultural land, plantation property or farm house, it can only be gifted to an Indian citizen residing in India.

Gifts received from relatives (as defined under the Income Tax Act) are not taxable,
But when registering, one must pay the prevailing stamp duty and registration fees. Relatives include a wife, brother or sister, wife’s brother or sister, brother or sister of one of the parents, and any descendant or descendant of self or wife.
If the gift is received at the wedding or from a registered trust, it is exempt from tax.

Some NRIs are more interested in investing in Indian real estate through companies they have created on foreign soil, or they may work in a foreign company that is interested in making a footprint in India.

Know your EMI Holiday

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Take advantage of the moratorium period: Announcing major relief to home loan borrowers in the aftermath of the Covid-19, the RBI on March 27, 2020, deferred EMI payments under a three-month moratorium period apart from bringing down the repo rate to a record low of 4.4%. The Reserve Bank of India announced a major relief for home borrowers after Kovid-19, and on March 27, 2020, the EMI deferred payments for a period of three months, except for the reduction of the Remo rate by one month. The record low is 4.4%. Because the the moratorium is from March 1 to May 31, you have two months off.

However, take note of the many catches at this opportunity. First of all, this is not an EMI holiday – you have to pay EMI with interest later. Delayed payments in your credit history are not classified as a default link, but you have two months of relaxation from the Reserve Bank.

Additionally, whether the benefit extends to you is at the bank’s discretion as an invitation to your lender and as an interest charge for late EMI payments.

Suppose your home loan EMI is Rs 40,000. Up on non-payment, this amount will be added to the loan principal. In the next month, the interest will be computed on the loan outstanding, along with Rs 40,000.

For the borrower who has been laid off, not taking this option is not actually an option. “While availing of the moratorium will cost them additional interest cost, it will give them at least a two month window to get a job or arrange funds from other sources, without hurting their credit score,” says Chaudhary.

Can an NRI use a Will to bequeath property in India to someone else — either another NRI or a resident Indian?

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NRIs can of course assign assets to their legal heir / s or any other option of their choice. An NRI is any immovable property in India, be it residential or commercial – and even agricultural land or farm house (which they are otherwise not entitled to purchase).

An NRI is also free to obtain assets from another NRI or resident in India. However, the Reserve Bank’s permission is required if the property is acquired by a citizen of a foreign state and resident outside India.

Credai seeks single window clearance, reduction in stamp duty

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The Confederation of Real Estate Developers Associations of India (Credai) has requested the Government of Tamil Nadu to launch a single window system to build approvals and reduce stamp fees.
In a letter to Tamilnadu Chief Minister and Deputy Chief Minister, Credai Tamil Nadu President S. Sreedharan said the state government should implement the long-awaited single window clearance. He said this would lead to the dynamic and vibrant growth of industry in the state.
The single window system will throw entire building approvals online, including all planning applications, including planning permission and completion certificates, at the click of a button.

Credai Chennai chapter president W S Habib said the government should take immediate steps to reduce stamp duty.

“With amendments to the Tamil Nadu Combined Development and Building Rules, we expect that further measures such as reduction in stamp duty on a par with other states will benefit the revival and robust growth of real estate of the state,” he said.

Government of Tamil Nadu extends time for payment of property tax by three months

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In a relief to the people put to hardships due to coronavirus crisis, Tamil Nadu Chief Minister K. Palaniswami on Tuesday extended the time for making due payments for various loans and other payments by three months.

In his statement, Tamilnadu Chief Minister said property tax, water charges, farm loan installments for co-operatives, home loan installments for co-operatives, Tamil Nadu Housing Board, fisheries loan installment and linen cooperatives have been deferred.

The government has announced the repayment of loans to Tamil Nadu Industrial Investment Corporation (TIIC), soft loans received from Tamil Nadu Limited State Industrial Development Corporation (SIPCOT) and maintenance costs for units operating on SIPCOT industrial estates.

The Chief Minister also said a Rs 200 crore special fund would be set up to finance the emergencies of micro, small and medium sized units.

In Tamil Nadu, property registration offices open for Registration

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Registrar’s Offices have been advised to act as registrations of property may be lower than the last fiscal year, and the target may be lost.

Asset Registration is one of the major companies earning government revenue and has contributed Rs 11,100 crore in 2018-19. Registration department sources said it was difficult to reach the previous year’s collection. “We expected revenue to be over Rs 11,100 crore last year, however it is a difficult task to achieve the target of Rs 13,122 crore set by the government.

Now, considering the coronavirus crisis, it is not possible to match 2018-19 earnings, ”said a logistics official.
March is an important month for the Department, as there are a large number of documents filed with financial institutions for loans.

Property registration in the city and suburbs has been hampered as people have postponed the outbreak of the Corona virus. There are a minimum number of footfalls in the Office of the Deputy Registrar.

Know your Locality – Alandur

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Alandur was the constituency from where former Chief Minister MG Ramachander won the 1967 Assembly elections.
There are two landmarks like the Nehru statue and the Kadipara junction. Officers Training Academy is nearby

The first leg of the Metro train was recently launched from Alandur, the nearest railway station is
St. Thomas Mount Railway Station; There are plans to accommodate five public transit routes: Suburban Railway,
Southern Railway, Metro Rail, MRTS and Public Buses. The St. Thomas Mount Railway Station provides accommodation
for over 1200 cars. This is the first time the two sites’ business location will be linked to the transit center

Some of the educational institutes are the AJS Nidhi H SS, St.Peters MHSS, Sri Chakaravarthy International
Matriculation Academy, PSBB Millennium School, Mont Fort High School etc. , Elite School of Optometry, Central
Institute of Plastics Engineering and Technology.

Some of the temples in Alandur are more than 200 years old named Thulukanathamman Temple, Padai Veetu Amman,
Sri Veera Anjaneya Temple, Dharmaraja Koil, Sri Subramanya Swamy Koil, Vembuli Amman Koil and many more.
Some of the churches are the St. Anthony’s Catholic Church, the Christ Church and the Garrison Church.

Ongoing Projects In Alandur
Sankar’s Habitat
Property Type :Apartments
Bedroom(s) : 2 , 3 BHK
Price Per Sqft :6990 *
Price Ranges : 56.06 L – 84.30 L *
Project Status :Under Construction

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