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 Information
provided is for general knowledge only and should not b
not be
deemed to be professional advice. For professional
advice kindly consult professional immigration advisors
or tax consultants depending on your personal situation.
This website is a one person operation, Please spell
check your questions as I normally just cut and paste
questions from emails. Answers to most questions asked
are usually posted within five days. Answers are posted
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Email questions to: V. K. Chand at:
question@nriinformation.com Answers are normally posted in three days.
Q: I am due to visit Mumbai shortly & would
like to know if it is possible to apply for the above
certificate there (OCI) Pl let me know how much it will cost &
approx time for the formalities. I do hold an expired Indian
Passport Thanking You. (Mr. F Lobo)
A: Applications for OCI can be made in
Mumbai as well as in Delhi, Chennai, Kolkata and Amritsar. The
fee payable for OCI when applying within India is Rupees 12,650.
The time frame is usually three to four weeks. The address of
the locations where you can submit your application for OCI in
various cities are available on our 'Dual
Citizenship' page.
Customs Duty on cars taken to India
Q: I am planning to take my two year old Toyota to India on
a transfer of residency. What is the rate of customs duty
charged in India on cars.
A: The rate of duty charged in India presently works out to
about 181% Customs duty is charged on the basis of list
price prevailing.
Trade discount and in the case of used second hand cars the
depreciation on the value of the car, depending on the age
of the vehicle are deducted from the price list.
Freight charges, insurance and landing charges are added to
arrive at the final assessable value of the car, on which
duty must be paid from your earnings abroad. I would contact
a clearance broker in Mumbai to help with documentation and
advice if you are seriously contemplating taking your car to
India.
Purchasing Agricultural Land in India by OCI holders
Q: Can a OCI residing (resident) in India purchase/acquire agricultural land? All the internet searches have information of NRI / PIO / OCI not residing in India. Can any special permission be made & obtained (e.g. in the state of Maharashtra? (sachin)
A: Those holding OCI status cannot purchase
agricultural land in the State of Maharashtra. The fact that a
OCI holder is resident in India or overseas makes no difference.
Under the Tenancy & Agricultural Land Act of 1963 in the state
of Maharashtra, only farmers can buy agricultural land. Hence
even a citizen of India, cannot buy agricultural land unless
they have proof that they are indeed farmers.
Many people do purchase farm land by getting the land use
changed. However this is not easy unless you have time and money
on your hands. I would suggest you contact a lawyer who can
guide you in this regard as rules and regulations do change
periodically.
OCI
Holder Buying Flat in India
Q: Hello Sir, I have found your site from a
Google search and I was wondering whether you can help me with
this question.
I am a US Citizen that holds an OCI card.
I am interested in investing in a flat in India with the sole
purpose of reselling after a 5-6 years and reconverting the
amount back in US Dollars. Is this even possible? Is there a
limit on the amount of Rupees I can convert to US Dollars. And
where would the taxes be paid on such a transaction? Thanks,
Thomas Kunnumpurath
A: As a OCI holder you can purchase a flat in
India. Once the property is sold, you can reconvert the money
into US dollars and bring it back to the United States. However
you can only bring back the amount you originally submitted. The
profit will be taxed as capital gains in India.
Unfortunately, many properties are bought and sold with cash
that is unaccounted for and is commonly referred to as black
money. Many buyers insist on paying a sizeable amount of money
in cash and there is no record of such a payment.
India no longer has a foreign currency shortage and it is now
quite easy of any Indian citizen to submit funds abroad as long
as the transaction is done via legal banking channels and the
source of the money can be accounted for. When selling a
property in India one should insist on getting maximum amount of
money for the sale by way of bank cheques and drafts.
Information on Pan Card Application
Q: I have recently obtained OCI card and plan to work
in India and be here for a longtime...When filling the PAN number form
49 what should I fill for:
a) Address
b) Fee to be paid since I am in India now.
c) Proof of Address?
Thanks for your guidance and WHAT a FAB website? Keep up the great work.
Thanks, Regards ARVIND SHUKLA
A: It appears from your email that you have already
moved to India from Australia and are presently living there.
When filling form 49 for PAN you should be giving your
permanent residential address. I would assume that since you now intend
to stay in India for a long time, your Indian address would be the
address you should fill in the form. In case you decide to return to
Australia at a later stage you can always get the records modified to
reflect your change of address.
Fee to be paid should be Rupees 67 if applying from an Indian address.
(Rs 650 is charged for mailing overseas and since you are in India you
need not pay this extra mailing fee.)
Proof of address that is acceptable for PAN application can be a copy of
one of the following: Electric bill, Telephone bill, Credit card
statement, Bank account statement, Rent receipt, Employer certificate,
Drivers license.
I would strongly urge you to get an Indian drivers license as this is a
important photo identification that will be required on many occasions
if you plan to live in India for sometime.
Apply for OCI/PIO for child born in India to British Citizens
Q: I am a British citizen living in India with a PIO card, i have had a son in India now 8 months old, he has not applied for any passport yet, but i will be applying for a British passport in the next week. i would like to know once he gets his British passport, how soon does he have to apply for a PIO/OCI card? there may be a gap of about 2 weeks from the time he gets his British passport till I apply for his PIO/OCI?
your help in this matter will be very much appreciated.
Rakesh Nath
A: You cannot apply for OCI/PIO card before getting an entry visa first for your son.
You need to contact the Ministry of Home Affairs, Foreigners Division, Jaisalmer House, 26 Man Singh Road New Delhi as they are the ones who have the authority to issue the first visa from within India. You will need to show them the proper documentation such as birth certificate of your son and other pertinent documents.
They will issue the authority letter (normally a sealed letter to the FRRO)and then the FRRO office in the area you reside will do the visa endorsement. Once you get visa for your son, you should be able to apply for OCI/PIO.
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