Short answer: getting money out of India runs through five gates, always in the same order. What the money is decides which account it sits in. The account decides the FEMA route: NRE and FCNR(B) balances are freely repatriable, current income such as rent and dividends can be remitted after tax without a cap, and almost everything else leaves from an NRO account within USD 1 million per financial year. Tax has to be settled before the bank will move it, which is where Form 145 (formerly 15CA) and, only sometimes, a CA's Form 146 (formerly 15CB) come in.
Most delays are not caused by the rules. They are caused by approaching the bank with the last gate before the first four are settled.
The five gates
| Gate | The question | What settles it |
|---|---|---|
| 1. Source of funds | What is this money? Sale proceeds, inheritance, savings, rent, a maturing deposit? | Your documents: sale deed, will, statements |
| 2. Account | Is it in an NRE, FCNR(B) or NRO account? | How the money arose, and how the original asset was paid for |
| 3. FEMA route | Freely repatriable, current income, or within USD 1 million? | The Reserve Bank of India's (RBI) Master Directions |
| 4. Tax | Has Indian tax on it been deducted or paid? | TDS certificates, your return, a tax computation |
| 5. Remittance | What will the bank file and ask for? | Form 145, sometimes Form 146, and the bank's own application |
A few terms, for readers outside India. The Foreign Exchange Management Act, 1999 (FEMA) governs money crossing India's border; the RBI writes the detailed rules as Master Directions. Your authorised dealer (AD) bank is the bank licensed to deal in foreign exchange that actually sends the money. TDS is tax deducted at source, withheld by whoever pays you.
Gate 1: what the money actually is
Banks and the RBI do not treat "money in India" as one thing. Each source has its own route out.
| Source of funds | Where it normally lands | FEMA route out | Tax point to settle first |
|---|---|---|---|
| Sale of property bought with money remitted from abroad or from an NRE/FCNR(B) account | Repatriable up to the foreign-exchange cost; the rest to NRO | Up to the original foreign-exchange cost, for at most two residential properties, outside the USD 1 million limit; the gain within it | Buyer's TDS on the whole price; capital gain computed |
| Sale of property bought from rupee funds, received as a gift, or owned before you left India | NRO | Within USD 1 million per financial year | As above |
| Inherited money or property | NRO | Within USD 1 million, on evidence of the inheritance | Inheritance itself not taxed; later income and any sale gain are |
| NRO savings and fixed deposits | NRO | Interest is current income; the capital is within USD 1 million | TDS on NRO interest |
| Rent, dividends, interest, pension | NRO, or NRE where the bank is satisfied it is current income and taxed | Current income, remittable after tax without an annual cap | TDS by the tenant or payer, or tax paid |
| Shares and mutual funds held on a non-repatriation basis | NRO | Within USD 1 million | Capital gains, TDS by the broker or fund |
| Shares and mutual funds bought on a repatriation basis | The designated repatriable account | Repatriable | Capital gains, TDS |
| PPF continued after you became non-resident | NRO on maturity | Within USD 1 million | Generally exempt; confirm for your account |
| Provident fund (EPF) withdrawal | NRO | Confirm treatment with the bank | TDS where the withdrawal is taxable |
Two points from that table catch people most often.
How the asset was paid for matters more than when it was sold. A flat bought in 2012 with money wired from Dubai is a different repatriation from an identical flat bought with a salary earned in Bengaluru, even though the tax on the two sales may be the same.
Mixed money is the norm. An NRO account that has received rent, a matured deposit and part of a sale price holds three kinds of money with three histories. The bank will ask which is which, and the answer needs statements behind it.
Gate 2: which account holds it
India gives non-residents three kinds of account, and the difference is exactly the difference between "repatriable" and "not freely repatriable".
- NRE (Non-Resident External) is a rupee account funded from abroad. Balances are freely repatriable.
- FCNR(B) (Foreign Currency Non-Resident (Bank)) is a foreign-currency deposit. Also freely repatriable.
- NRO (Non-Resident Ordinary) holds money that arose in India: rent, pension, sale proceeds, inherited balances. Its balances leave only as current income or within the USD 1 million facility.
Under the RBI's Master Direction on Deposits and Accounts, current income such as rent, dividend, pension and interest can be credited to an NRE account where the bank is satisfied that it is current income and that tax on it has been deducted, paid or provided for. The tax treatment of each account, including why NRE interest is treated differently from NRO interest, is in NRE, NRO and FCNR accounts: what is taxed.
Gate 3: the USD 1 million limit
The RBI's Master Direction on Remittance of Assets lets an NRI or a person of Indian origin (a category that covers most Overseas Citizen of India cardholders) remit up to USD 1 million per financial year, April to March, out of NRO balances, sale proceeds of assets and assets acquired by inheritance or legacy. The direction expressly includes transfers to your own NRE account within that amount.
Three features decide how it works in practice:
- It is per person, not per account.
- Where it is used in instalments, all instalments must go through the same AD bank.
- Above USD 1 million in a financial year, prior approval of the RBI is required.
What counts, what sits outside, and how to plan a large sum across two financial years is set out in the USD 1 million NRO repatriation limit.