NRIs can now open joint accounts with resident Indian

MUMBAI: Liberalising the foreign exchange rules, the Reserve Bank today allowed NRIs to hold joint account with Indian residents, a move that would help increase remittances.

The central bank has also permitted sale proceeds of foreign investments in India to accrue to NRE/FCNR accounts after tax deductions, under the Foreign Exchange Management Act.

Foreign Currency Non-Resident (FCNR) account and Non-Resident External (NRE) account are opened by Non-Resident Indians (NRIs) with the Indian banks.

As per the recommendations of the committee constituted to review facilities available under FEMA, the central bank has taken such steps.

RBI has allowed residents of India to include non-resident close relative in their resident bank accounts on 'former or survivor' basis. However, such non-resident relative shall not be eligible to operate the account during resident's lifetime, it said in a notification.

It also permitted NRIs to open NRE/FCNR account with their resident close relative. In this case, the resident relative can operate the account as a power of attorney holder.

Similarly, the central bank has doubled the slab under which securities worth USD 50,000 per fiscal can be transferred by resident Indians to non-resident individuals 'by way of gift' from the present level of USD 25,000.

RBI has also allowed resident individuals to include resident close relative in their EEFC (Exchange Earners Foreign Currency) or RFC(Resident Foreign Currency) as a joint account holder.

Custodial death: HC dismisses Punjab’s plea

Chandigarh, September 21

The State of Punjab’s attempts to wriggle out of a tight corner, in a case involving the death of an undertrial in jail due to delayed medical treatment, have failed to find favour with the Punjab and Haryana High Court.
Dismissing the State’s appeal, a Division Bench has not only upheld the interim compensation of Rs 2.5 lakh granted to the inmate’s widow Krishna Devi, but also ruled there was negligence on the part of the jail authorities in providing timely aid.
The State had filed the appeal against the Single Judge’s orders, even though Moga Deputy Commissioner had also recommended in his letter dated October 17, 2006, the grant of Rs 2.5 lakh as assistance to the widow and her family.
Taking up the matter, the Bench of Acting Chief Justice M.M. Kumar and Justice Gurdev Singh asserted: “This is a case of custodial death. The State of Punjab has filed the instant appeal against order dated December 14, 2010, whereby the Single Judge allowed the compensation of Rs 2.5 lakh to the widow of the deceased, after recording the finding that there was failure to perform duty by the jail authorities with due diligence”.
The Bench added: “The basis of the finding was that the undertrial was not suffering from any ailment, which could be the cause of his sudden death.
The jail authorities did not even assert that he was rushed to the hospital timely and was given medical aid.
“A hale and hearty person having no ailment history and who earns his livelihood by selling eatables on a bicycle could not have met with a sudden death but for the lack of timely medical assistance.
Observing the undertrial was a BPL ration card holder, the Bench added: “We are of the considered opinion that no interference in this appeal filed by the State would be warranted.
“The meagre amount of Rs 2.5 lakh awarded as compensation to the widow of the deceased and her family cannot be regarded as without a reasonable cause.
There is negligence on the part of the jail authorities to grant timely medical aid to the jail inmate. There is, thus, no merit in the appeal and the same is hereby dismissed”. 

BC PNP Suspends Entry-Level Semi Skilled Pilot Project

The BC PNP has suspended the Entry-Level Semi-Skilled Pilot Project. No new applications are being accepted.
As noted on the BC PNP website:

The Entry-Level and Semi Skilled Pilot Project of the BC PNP expired on August 31, 2011. A review of this pilot project is currently being completed and an update will be posted on our website over the next few weeks.
Until further notice, applications will not be accepted for processing after August 31, 2011. Any ELSS applications received after this date will be returned unprocessed.
Applications received prior to the expiry of the pilot project will be accepted for processing only if the applicant meets the requirement of having at least 9 months of consecutive work experience with the same employer at the time the application is received.

Custodianship

Many minors wish to reside temporarily in Canada.  Their reasons for doing so range from making extended visits to the more common scenario of studying in Canada as an international student.
In order to obtain a visitor visa or a study permit, minor applicants generally must supply two notarized declarations.  The first is from the parent or legal guardian in the applicant’s country of origin.  The second is from the minor applicant’s intended custodian in Canada, stating that arrangements have been made for the custodian to act in place of the parent and to support the child.
On September 15, 2011, Citizenship and Immigration Canada introduced an exception to the custodianship requirement to some minor’s aged 17 and older.
Under 17 Years of Age
If a minor is less than 17 years of age at the time of application, a Canadian custodian will be required.  In addition to the information already required on the forms, custodians will also now have to confirm that they will reside within a reasonable distance to the minor applicant’s intended residence and/or school.
Minors Aged 17 Years or Older
Applicants who are between 17 years of age and the age of majority in the applicant’s respective intended province of residence will now no longer automatically be required to have a custodian.  Instead, applications will be assessed on a case by case basis.
In considering whether custodianship is required, officers must consider:

• Level of the applicant’s studies – Those attending secondary school will normally require a custodian.
• Level of independence – If the applicant has previously lived abroad independently then he/she will not require a custodian.
• Financial capacity.
• Travel experience
• Accessibility of parent(s)/guardian(s)
• Informal arrangements – Whether arrangements less formal than custodianship have been made to provide support and care for the minor student.
• Risk environment.

NRIs guide to property received as gift

The set of tax and regulatory implications for properties received by NRIs as gift are vastly different from those received as inheritances. In this article, we see what those implications are.

Can an NRI receive property in India as a gift?

Yes, NRIs and PIOs can receive property as gifts from a person resident in India, from another NRI or from a PIO. However, the property can be only a commercial property or a residential property. Agricultural land, plantation property and farm house in India cannot be acquired by way of gift.

A foreign national of non-Indian origin cannot acquire property in India by way of gift.

What are the tax implications at the time of receiving the gift?

Gifts received from 'relatives' are not liable to tax. Relatives include: * Spouse of the individual; * Brother or sister of the individual; * Brother or sister of the spouse of the individual; * Brother or sister of either of the parents of the individual; * Any lineal ascendant or descendant of the individual; * Any lineal ascendant or descendant of the spouse of the individual; and * Spouse of the person referred to in clauses (ii) to (vi)

Moreover, if the gift was received on the occasion of marriage or from a registered trust, it may be exempt from this tax.

Any gifts over Rs 50,000 received from people who are not relatives are taxed as income in the hands of the person receiving the gift. So you would need to add the fair market value of this property to your total income and pay tax thereof.

The property may also be subject to wealth tax. According to the Wealth Tax Act, tax is payable if the net value (market value minus any loans taken to finance the assets) of the assets of an individual exceeds Rs 30 lakh.

Now, there are certain exceptions to the definition of 'assets'.

i. Only one house

If you own only one residential house, you do not have to pay wealth tax. So after receiving the property as gift, if this is the only property that you own, you do not have to pay wealth tax on it.

The question arises as to whether this includes global properties. For instance, if an NRI owns a property in the US and gets one as a gift in India, will he be subject to wealth tax on the property in India?

Parizad Sirwalla, Executive Director - Tax at KPMG explains, "For an Indian citizen who qualifies as a 'Resident but Not Ordinary Resident (NOR)' or 'Non-Resident (NR)' of India (as per the Income Tax Act 1961) as well as for a foreign national, wealth tax is applicable only on the specified assets located in India. Specified assets located outside India are subject to wealth tax only in the case of Indian citizens who qualify as 'Ordinary Resident (OR)' of India as per the IT Act.

In the instant case, if the NRI qualifies as 'NOR' or 'NR' of India, the US house property will not be considered as a specified asset for wealth tax. Further, the house property in India may be considered as exempt under Section 5 of the Wealth Tax Act provided that's the only house he owns in India.

The US house property will be considered as specified asset for wealth tax, only if this NRI (assuming Indian citizen) qualifies as 'Ordinary Resident' of India for the relevant financial year. In such case, as one residential house property is exempt for wealth-tax, either of the property (US or India) can be considered as exempt (as per Section 5 of the WT Act) and the balance will be taxable. "

ii. House given on rent for more than 300 days

If you have given the property on rent for more than 300 days during a financial year, you do not have to pay wealth tax.

If the net value of all your assets, including the gift property exceeds Rs 30 lakh, wealth tax will be charged at 1% of the amount exceeding Rs 30 lakh.

Will the provisions of clubbing of income be attracted for income tax as well as wealth tax purposes?

While the gift in itself is not taxed in the hands of the receiver if the receiver is a relative, Sirwalla is quick to caution, "Clubbing provisions similar to income tax apply and need to be evaluated in case of gift to spouse and son's wife. In such a case, property would continue to belong to the donor for the purpose of wealth tax applicability."

What this means is that in case of gifts made to the spouse or son's wife, any income earned by the gifted property is clubbed together in the hands of the person giving the gift. So if a resident Indian has gifted a property to his son's wife who is an NRI, then the rent earned from such property will be added to the total income of the person giving the gift.

Such property will also be added to the net wealth of the person giving the gift for wealth tax purposes.

Can an NRI rent out property received as a gift? What are the implications?

Yes, an NRI can rent such property. The implications are the same as those applicable for renting out purchased property.

Can an NRI sell and repatriate proceeds of property received as a gift?

Yes, an NRI can sell property received as a gift. The sale proceeds of such property should be credited to NRO account only. From the balance in the NRO account, NRI/PIO may remit up to USD 1 million per financial year, subject to the satisfaction of authorized dealer and payment of applicable taxes.

What are the tax implications on sale of property received as gift?

The tax implications of sale of property received as gift are the same as those applicable in case of purchased property.

Note: The purchase price for calculation of capital gains will be the purchase price paid by the person who gifted the property. The holding period for determining if the gains are long term or short term will be computed from the date of purchase by the person who gifted the property.

Can an NRI gift property?

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

A foreign national of non-Indian origin requires the prior approval of the Reserve Bank for gifting any kind of property.

Double Taxation

You would also need to look into provisions of the countries you live in, in order to determine tax implications of gift properties. In the US for instance, individuals are subject to estate tax. An article on this will follow soon.

Plea against appointment of law officers dismissed

Chandigarh, September 19
The Punjab and Haryana High Court today dismissed a petition alleging the appointment of law officers in Punjab for “furthering the prospects of Badals in the forthcoming Vidhan Sabha elections.
In its petition placed before the Division Bench of Acting Chief Justice MM Kumar and Justice Gurdev Singh, Lawyers for Humanity had asserted: “The law officers were being appointed only with a view to win the elections and the state exchequer was being depleted to further the prospects of Badals.”
In the petition against the State of Punjab, Punjab Advocate-General, the Director in the Department of Employment Generation and 126 law officers, the petitioners had sought the quashing of their appointment on the ground of being made in an arbitrary manner.
Alleging the violation of Article 14 and 16 of the Constitution, the petitioners had also sought directions to stay the renewal of contract for 2011-12 and to launch prosecution “against those responsible for circumventing the procedure of appointment in offices as enshrined under the Employment Exchange (Compulsory Notice of Vacancies) Act-1959.

Consumer Courts Awareness

Reliance told to pay Rs 16,800 vehicle damage claim
Tribune News Service
Chandigarh, September 19
The District Consumer Disputes Redressal Forum has directed Reliance General Insurance Company to indemnify the loss on non-standard basis and pay Rs 16,800 along with 15 per cent interest to a Sector-30 resident towards the payment for the repair of his vehicle.
The district forum comprising its president PD Goel, and members Rajinder Singh Gill and Madanjit Kaur Sahota has also directed the opposite party to pay Rs 7,000 as costs of litigation.
Complainant Naresh Chaudhary had claimed that he had insured his Tata Indigo car with Reliance General Insurance Co. Ltd as a passenger-carrying vehicle but due to family problems, he could not use the same for commercial purpose and got it insured as a private vehicle.
Later, he requested the opposite party to make necessary correction in the policy to which the insurance company replied that before correction, the vehicle needed to be inspected. Also Rs 200 were demanded as inspection charges.
The company later informed him that necessary formalities had been completed and he would receive the corrected policy. However, the policyholder failed to receive the corrected policy till the filing of the complaint.
He averred that his vehicle met with an accident on April 16, 2010 and consequently informed the company.
He got it repaired by spending Rs 28,480 and submitted the relevant documents to the company. He alleged that the company repudiated his claim on the ground that the policy was issued for a passenger-carrying vehicle, whereas the vehicle was registered as a private vehicle.
The counsel for the Reliance General Insurance Company Ltd. argued that the FIR was lodged on April 19, 2010 four days after the accident, while the company was informed of the same after 13 days of the accident.
It was pleaded that the surveyor had assessed the loss to the tune of Rs 22,400. He further argued that the vehicle was insured as a passenger-carrying vehicle but the complainant got the vehicle registered as a private one and they were unable to process the claim because the complainant was not having any insurable interest in the vehicle.
The counsel further pleaded that there had been no deficiency in service or unfair trade practice on their part and prayed for dismissal of the complaint.