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BFM MODULE - A
Chapter 2: Liberalised Remittance Scheme (LRS) and
other Remittance Facilities for Residents (PART-I)
What we will study?
*What is Liberalised Remittance Scheme (LRS scheme)?
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INTRODUCTION:
Liberalised Remittance Scheme (LRS scheme) for resident
individual was introduced w.e.f. 04th Feb 2004.
The scheme facilitates resident individuals to remit funds
abroad for permitted current or capital account transactions
or a combination of both.
LRS is available to:
The scheme is available to resident individuals (including
Minors).
LRS is not available to:
Corporates, Partnership Firms, HUFs, Trusts and NRIs are not
eligible.
Section 6:
Any person may sell or draw(buy) foreign exchange to or from
an Authorized Person for a capital account transaction i.e.,
any class or classes of capital account transactions which are
permissible and the limits up to which such transactions are
permissible as per the extant regulations under the Act.
Section 10(6):
Any person (other than the Authorized Person) who has
acquired or purchased foreign exchange for any purpose
mentioned in the declaration made by him to authorized
person under sub-section (5) does not use it for such purpose
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or does not surrender it to the authorized person within the
specified period.
If such foreign exchange is not used or uses the foreign
exchange so acquired or purchased, for any other purpose not
permissible under the provisions of the Act, shall be deemed
to have committed contravention of the provisions of the Act.
In a nutshell, this section is about utilization of foreign
exchange availed from an Authorized Dealer for the purpose
for which such foreign exchange has been availed.
Section 11:
The Reserve Bank may, for the purpose of securing
compliance of the provisions of this Act, RBI may give any
directions to the Authorized Person with regard to making
payments or doing or desist from doing any act relating to
foreign exchange or foreign security.
RBI may direct any authorised person to furnish such
information, in such manner, as it deems fit.
Failure to furnish such information or filing any returns, after
giving reasonable opportunity of being heard, RBI may impose
penalty which may extend to Rs. 10,000 and in case of
continuing contravention, with an additional penalty which
may extend to Rs. 2,000 for every day.
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In a nutshell, this section is about how foreign exchange
business has to be conducted by Authorized Persons and the
power of RBI to penalise APs in case of any breach in
procedure.
Section 13:
Any person contravenes any of the provisions of the FEMA Act
or contravention of any rule, regulation or notification, shall
upon adjudication be liable to pay penalty up to thrice the
amount involved in such contravention where such amount is
quantifiable or up to Rs. 2,00,000 where the contravention is
not quantifiable.
Where the contravention is a continuing one, further penalty
may extend up to Rs. 5,000 for every day after the first day
during the period of such contravention.
In a nutshell, this section is about the penalties which may be
imposed for contraventions of the provisions of the FEMA.
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PERMISSIBLE /NON-PERMISSIBLE REMITTANCES UNDER LRS:
There are 3 schedules in LRS:
1- Schedule I – Non-permissible remittances i.e. Prohibited
remittances.
2- Schedule II – Remittances permissible subject to approval of
the respective Government Departments / Ministries.
3- Schedule III - Remittances for resident individuals –
Permissible under the delegated powers of the Authorized
Dealers.
Schedule I – Non-permissible remittances (Prohibited
remittances)
The following remittances are not permitted:
*Remittances for margins or margin calls to Overseas
exchanges/Overseas Counterparties.
*Payment of commission on exports made towards equity
investments in Joint Ventures (JVs) / Wholly Owned
Subsidiaries (WOS) abroad.
*Payment related to “Call Back Services” of telephones.
*Remittance towards banned/proscribed magazines.
*Purchase of foreign currency convertible bond (FCCBs) issued
by Indian companies abroad.
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*Remittance of dividends by any company to which the
requirement of dividend balancing is applicable.
*Remittance of interest income on funds held in Non-Resident
Special Rupee accounts.
*Remittance out of lottery winnings, remittance for purchase
of lottery tickets.
*Remittance of income from racing, riding or any other hobby.
*Payment of commission on exports under Rupee State Credit
Route.
OPERATIONAL GUIDELINES:
General Guidelines:
PAN is mandatory under the LRS scheme irrespective of the
amount of remittance.
Remit funds abroad for permissible current (Schedule III
remittances) or permissible capital account transactions or a
combination of both.
Customer to designate a particular branch of the Bank
through which all remittances (under LRS) are to be made,
especially, with regard to capital account transactions.
Transactions freely allowed up to an overall limit of USD
2,50,000 per FY for any permissible current or capital account
transactions or combination of both.
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No restrictions on the frequency of remittances in an FY.
However, once a remittance limit of USD 2,50,000 is utilized in
an FY, no further remittance is allowed. Even, if the proceeds
of investments have been brought back in to the country in
respect of investments abroad.
If a sole proprietorship firm intends to remit the money under
LRS by debiting its current account then the eligibility of the
proprietor in his individual capacity has to be reckoned.
International Credit Cards, International Debit Cards and ATM
Cards can be used for current account transactions.
Citizens of a foreign state (other than Pakistan) and resident in
India on account of employment or deputation of specified
duration or for a specific job or assignments, the duration of
which does not exceed 3 years, is a resident but not
permanently resident.
Such individuals are eligible to make remittances under LRS
subject to deduction of taxes, contributions to Provident Fund
and other deductions.
Any amount in excess of the LRS limits requires prior approval
from RBI.
If the applicant seeking remittances is a new customer of the
Bank, AD should carry out due diligence on the opening and
maintenance of the account.
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AD should obtain bank statement for the previous year to
satisfy itself about the source of funds or if the bank
statement is not available, copy of the ITR to be obtained.
Source of funds – examining the statement of account to
ensure the previous credits in the accounts with transaction
summary, STRs filed, if any, in respect of transactions in the
account.
Documentation:
RBI does not prescribe the documents which should be
verified by the AD while permitting remittances for various
transactions, especially, current account transactions.
The following are the documents which generally need to be
obtained while handling requests from Residents for
remittances towards LRS:
(a) Form A2 vis-à-vis FEMA Declaration – Online submission of
Form A2 allowed.
(b) Simplified documentation for individuals for amounts up
to USD 2,50,000 subject to the satisfaction of the AD Bank.
(c) Declaration of source of funds.
(d) PAN, irrespective of the amount.
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(e) Copy of confirmed ticket and VISA, if the remittance is for
travel abroad.
(f) Where the services of Tour Operators are being availed, the
tour operator can collect the amount from the resident
individual either in INR or in FC.
In which case the tour operator can open a Special foreign
currency account with a Bank in India.
(g) Tax Collected at Source (TCS) applicable in respect of
release of exchange by the tour operators irrespective of the
threshold limits.
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BFM MODULE - A
Chapter 2: Liberalised Remittance Scheme (LRS) and
other Remittance Facilities for Residents (PART-II)
What we will study?
*More about Current Account Transactions under LRS?
*How much TCS to be deducted for LRS transactions?
*More about Capital Account Transactions under LRS?
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REMITTANCES UNDER LRS FOR CURRENT ACCOUNT
TRANSACTIONS:
Private visits to any country (other than Nepal & Bhutan):
For private visits abroad, other than to Nepal and Bhutan, any
resident individual can obtain foreign exchange up to an
aggregate amount of USD 2,50,000 from an Authorised Dealer,
in any one financial year, irrespective of the number of visits
undertaken during the year.
Irrespective of the number of visits undertaken in a FY, cash
towards release of exchange can be accepted up to Rs.
50,000/- beyond which transaction to be routed through the
A/C.
Foreign Currency notes may be released up to limits permitted.
Unutilized foreign exchange to be surrendered to the AD
within 180 days from the date of return to India.
Note:
Release of foreign exchange in form of foreign currency (FC)
notes (cash):
(a) Foreign exchange in full may be released in the form of FC
Notes or up to the cash limit specified by the Haj Committee
of India, to the Haj Pilgrims.
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(b) Travellers proceeding to Islamic Republic of Iran, Russian
Federation (including erstwhile CIS countries) – full exchange
may be released in the form of FC Notes.
(c) Travelers proceeding to Iraq and Libya - USD 5000/-
(d) All other countries - USD 3000/-
Business trips:
Visits by individuals in connection with attending of an
international conference, seminar, specialised training,
apprentice training, etc., are treated as business visits.
For business trips to foreign countries, resident individuals can
avail of foreign exchange up to USD 2,50,000 in a FY
irrespective of the number of visits undertaken during the
year.
(a) Travel for business. *1
(b) Attending conferences. * 2
(c) Specialized training. * 3
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*1, *2, *3 If an employee is being deputed by an entity for any
of the above and expenses are borne by the Company; these
are outside the purview of the LRS and may be permitted
without any limit.