How does FEMA impact NRI taxation?

GC Posted by: Gaurav Chatterjee
• 09 January, 2026
3 Reply

According to the FEMA rules for the NRIs, once your resident status changes from an Indian resident to an NRI living outside India, you have to follow some of the FEMA guidelines, which are given below for the NRI taxation. 

According to the FEMA rules and regulations, NRIs are not allowed to hold any Indian savings account; they need to open an NRO account or an NRE account with an Indian bank in accordance with all the rules and regulations of the Reserve Bank of India. 

  • An NRI can open an NRO account, which allows them to receive income from outside India into the Indian NRE bank account. This account can be held by two or more NRIs. 
  • You can open an NRE account, which allows you to transfer money outside India, and it is also repatriated back to the country of residence of the NRI. The income earned through this account will be exempt from taxation.   
  • An FCNR account is another type of account that can be opened by an NRI, where NRIs can easily deposit any type of foreign currency. In this account, you will get a fixed term deposit which is valid for one to five years. 

As per the FEMA guidelines, an NRI cannot be allowed to proceed sale of any two residential houses lifetime. However, they can be allowed to repatriate 1 million USD in a financial year.

Tags : FEMA impact NRI taxation, NRI taxation, FEMA

  • Viraj Oberoi 11 January, 2026

    Here are some of the property rules for the NRIs under the FEMA guidelines. 

    List of the properties that an NRI can purchase under the FEMA rules: 

    • They can purchase any residential property in India. 
    • NRIs can buy commercial properties in India. 
    • Plots for any construction. 
    • Any property which is jointly owned by another NRI and an Indian resident. 

    Properties which you cannot purchase under the FEMA guidelines: 

    • You cannot purchase any agricultural land in India. 
    • Cannot purchase any plantation land in India. 
    • Any farmhouses. 

  • Lokesh 10 January, 2026

    Here are some of the investments that are allowed under the FEMA guidelines: 

    • They can invest in Indian stocks via the portfolio Investment scheme. 
    • Invests in residential and commercial properties. 
    • In mutual funds. 
    • Investment in government bonds and corporate bonds. 

    NRIs cannot invest under the FEMA guidelines: 

    • In any Public Provident fund or a new account. 
    • National savings certificate. 
    • Post services schemes. 
    • In agricultural or plantation lands. 
    • In the post office schemes. 

  • Varun Naidu 10 January, 2026

    According to the FEMA (Foreign Exchange Managnment Act), a person is a resident of India if he is: 

    Stays in India for more than 182 days during a financial year, but it cannot include the following: 

    • for any employment outside India. 
    • carrying out business or a trip outside India. 
    • For other purposes, which involve staying outside India. 
    • A person who visited and stayed in India, otherwise: 

    Any person who has any employment in India.

    • For any business or vacation in India. 
    • for any other purposes, to stay in India for an uncertain time period. 

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