1. FEMA route
Classify the funds as current income, repatriable investment proceeds or a capital/NRO balance using the USD 1 million facility.
A practical, bank-ready guide for moving NRO savings, current income, inherited funds or Indian property-sale proceeds to the United States without confusing a wire transfer with the tax and FEMA work behind it.
For a U.S. citizen living in America, sending personally owned money from India is usually not difficult because of the international wire itself. The difficult part is proving to the Indian authorized dealer bank what the money is, where it came from, which FEMA route permits it, and whether Indian tax has been deducted or paid.
Classify the funds as current income, repatriable investment proceeds or a capital/NRO balance using the USD 1 million facility.
Reconcile withholding, compute final tax and assemble the 15CA, 15CB, tax-return and payment evidence the bank requests.
Preserve dollar-basis, foreign-tax-credit and foreign-account records. The wire is not the event that determines U.S. tax.
Do not begin by asking a chartered accountant to “make a 15CB.” Begin with the source. The source determines the FEMA route, tax analysis, purpose code and bank documents.
| Money being transferred | Typical route | Main proof | Limit point |
|---|---|---|---|
| NRE or FCNR(B) funds | Direct outward remittance from a repatriable account | KYC, account ownership and transaction source; bank remittance form | These accounts are generally repatriable, subject to compliance and bank checks |
| Current income in NRO: rent, dividend, pension or interest | Remittance of current income, net of applicable Indian taxes; an eligible credit to NRE may also be possible | Income statement, TDS evidence, tax computation and bank trail | RBI rules separately permit current-income remittance; confirm bank classification |
| Accumulated savings or other NRO capital balance | Remittance-of-assets facility, either directly overseas or NRO-to-NRE | Original source, tax history, account trail and prescribed declarations | Generally within USD 1 million per Indian financial year |
| Property, securities, inheritance or legacy proceeds | Repatriable investment route if its exact conditions are met; otherwise the remittance-of-assets facility | Title/acquisition, sale, withholding, gain and tax-payment records | Often within USD 1 million facility; special property rules may apply |
The RBI Remittance of Assets FAQ includes provident-fund, superannuation, insurance, securities, property and other asset-sale proceeds within the concept of remittance of assets. It allows an eligible NRI or person of Indian origin to remit up to USD 1 million per financial year from NRO balances and qualifying asset, inheritance, legacy or settlement proceeds, subject to tax and bank verification.
The facility is measured for each Indian financial year, April 1 through March 31. It applies to the eligible person’s aggregate use of the facility—not a fresh limit at each bank. If multiple authorized dealer banks are involved, expect declarations and coordination showing earlier remittances.
Prior RBI approval is generally required to remit more than the facility limit from NRO balances or qualifying asset proceeds. An approval request is not the same as routine bank processing and should be planned before a closing or distribution. If timing is flexible, a bank or FEMA adviser can evaluate whether remittances across two Indian financial years are permitted and commercially sensible; never split transfers to conceal their connection or avoid reporting.
The RBI Master Direction on Deposits and Accounts permits eligible NRO funds to move to NRE under the USD 1 million facility. That transfer consumes the facility when made. A later wire from NRE to the United States does not reset the calculation.
Form 15CA is the remitter’s electronic information statement about a payment to a nonresident. Form 15CB is a chartered accountant’s certificate addressing the nature of a chargeable remittance, the applicable tax rate, treaty position and withholding. Neither document creates FEMA eligibility, pays tax, replaces a return or guarantees that the bank will release funds.
| Tax position and annual amount | Form 15CA route | What supports it |
|---|---|---|
| Sum is chargeable to Indian tax; payment or aggregate chargeable payments do not exceed INR 5 lakh in the financial year | Part A | Remitter’s details, recipient/remittance information and tax analysis |
| Sum is chargeable; aggregate exceeds INR 5 lakh; specified Assessing Officer order or certificate is obtained | Part B | Applicable AO order/certificate under the section references displayed by the portal |
| Sum is chargeable; aggregate exceeds INR 5 lakh; Part B document is not used | Part C | Electronic Form 15CB certified by a chartered accountant |
| Sum is not chargeable to Indian tax and no Rule 37BB exception removes the information requirement | Part D | Nonchargeability analysis plus source and tax records |
| Nonchargeable remittance covered by a Rule 37BB(3) exception | No Form 15CA under that exception | Bank may still require purpose-code evidence, undertaking or professional confirmation |
The consolidated Rule 37BB contains exceptions for certain nonchargeable individual remittances that do not require prior RBI approval and for specified purpose codes. One listed code concerns remittances by nonresidents toward family maintenance and savings. A similar-sounding bank description is not enough: the facts, chargeability and actual purpose must fit.
India’s Income-tax Act, 2025 took effect from April 1, 2026, yet live remittance forms, portal instructions and bank checklists may continue to display familiar legacy labels such as sections 195 and 197 and Rule 37BB. Use the live form available on the filing date, and have the chartered accountant reconcile the portal’s labels with the law then in force rather than manually substituting section numbers.
For a large property or inheritance remittance, begin before the money reaches the NRO account. A clean chronology is usually more valuable than a thick folder of unrelated documents.
No RBI rule guarantees that every bank will request the identical packet. Banks apply KYC, anti-money-laundering and internal risk procedures in addition to FEMA and tax rules. Pre-clear the exact list with the branch or centralized remittance team.
| Folder | Typical documents | What they prove |
|---|---|---|
| Identity and account | PAN, U.S. passport, OCI card if applicable, overseas-address proof, NRO statement, canceled cheque and updated KYC | Identity, FEMA profile and account ownership |
| Bank/FEMA | Remittance request or Form A2, NRO declaration, beneficiary and SWIFT details, purpose code, annual-limit declaration, prior remittance details and RBI approval if required | Permitted route, destination and facility availability |
| Indian tax | Form 15CA acknowledgement, Form 15CB if applicable, AO order/certificate if used, income-tax computation, ITR acknowledgement, challans, Form 26AS/AIS and TDS certificates | Chargeability, withholding, tax payment and return reporting |
| Accumulated savings | Old and current bank statements, salary or business records, prior returns, fixed-deposit advice and maturity statement | How principal was accumulated and whether income was taxed |
| Property sale | Purchase deed, sale deed, title chain, valuation where relevant, improvement invoices, brokerage/legal receipts, buyer TDS/Form 16A evidence and NRO credit | Ownership, source, gain, withholding and net proceeds |
| Inherited or gifted asset | Death certificate, will, probate or succession document, gift deed, family relationship proof, mutation/title, prior-owner cost records and sale papers | Transmission, basis history and authority to sell |
| U.S. file | Dollar-basis schedule, acquisition and sale-date exchange rates, Indian tax payment dates, Form 1116 support, FBAR/Form 8938 workpapers and final wire record | Worldwide-income and foreign-account compliance |
A nonresident seller often receives net cash after the buyer withholds Indian tax. That withholding is an advance collection mechanism, not proof that the seller’s final capital-gains liability is exactly the same amount.
Property purchased with foreign exchange through banking channels or qualifying NRE/FCNR funds can have a separate repatriation route if the conditions in the RBI Master Direction on acquisition and transfer of immovable property are met. Residential-property rules can include a two-property restriction. Confirm the applicable route from the acquisition documents instead of assuming every property sale must use—or is outside—the USD 1 million facility.
“Savings” is a destination label, not a source. A bank may want to know whether the NRO balance came from salary earned while resident, a matured fixed deposit, a property sale, investment redemption, inheritance, pension or transfers from another person.
A transfer from your own Indian account to your own U.S. account is not income merely because it crossed a border. U.S. tax follows the underlying event: interest as earned, rent as accrued or received under the taxpayer’s method, and a sale when it occurs.
| Issue | Indian bank file | U.S. tax file |
|---|---|---|
| Moving owned cash | FEMA eligibility, source and Indian tax proof | Generally no new income from the transfer itself |
| Indian property sale | Rupee gain, buyer withholding and Indian tax payment | Separate U.S.-dollar basis and proceeds calculation; Schedule D/Form 8949 or other applicable form |
| Indian tax paid | Challans, TDS and return records | Potential foreign tax credit, often on Form 1116, subject to timing and category rules |
| NRO account | Account balance and remittance trail | FBAR and Form 8938 testing can continue until the account is closed or falls outside the applicable thresholds |
| Family gift or inheritance | Gift/inheritance documents and FEMA route | Potential Form 3520 reporting; a self-transfer does not become a foreign gift |
The United States generally requires foreign-currency amounts to be expressed in U.S. dollars. A property’s basis may use exchange rates from acquisition, inheritance, improvements and selling-cost dates, while proceeds use sale-date rules. Translating the final rupee gain at one rate can produce the wrong U.S. result. The IRS foreign-currency guidance describes the general conversion principle.
Qualifying Indian income tax may offset U.S. federal tax through the foreign tax credit. Limits apply separately by income category, and the year in which Indian tax is paid, accrued or adjusted may not align with the U.S. sale year. See the Instructions for Form 1116; preserve the tax challan, TDS certificate, final return and any later refund.
| When | Action | Output |
|---|---|---|
| 4–8 weeks before | Choose bank, classify source, refresh KYC, collect title/bank/tax history and ask receiving bank about incoming-wire requirements | Written bank checklist and gap list |
| 2–4 weeks before | Reconcile proceeds and TDS, compute tax, resolve 26AS/AIS issues and confirm FEMA route | Signed-off source and tax computation |
| Several business days before | Complete 15CB/15CA or exception analysis; submit bank packet; confirm annual-limit use | Acknowledgements and bank approval queue |
| Wire day | Verify beneficiary, currency, exchange rate, spread, fees and remittance amount | Debit advice and SWIFT/UTR record |
| After receipt | Match U.S. credit, archive FX conversion, file Indian return and update U.S. tax/FBAR/Form 8938 workpapers | Complete cross-border audit trail |
Generally yes. Current income can ordinarily be remitted after applicable Indian taxes, while NRO balances and many capital receipts use the RBI remittance-of-assets facility of up to USD 1 million per financial year. The authorized dealer bank must verify the source, tax compliance and FEMA eligibility.
An eligible NRI or person of Indian origin can generally remit up to USD 1 million, or its equivalent, per Indian financial year from NRO balances and qualifying sale, inheritance or legacy proceeds under the remittance-of-assets facility. Prior RBI approval is generally required above the limit.
RBI rules separately permit remittance of current income such as rent, dividend, pension and interest after applicable taxes. Banks may classify and document current-income and capital remittances separately, so confirm treatment with the remittance desk before filing tax forms.
No. Form 15CB is generally associated with Part C of Form 15CA when a chargeable remittance or aggregate of chargeable remittances exceeds INR 5 lakh during the financial year and no qualifying AO order or certificate is used. Nonchargeable and exempt remittances follow different rules, although banks may request supporting declarations or a professional opinion.
Part A generally covers chargeable remittances up to INR 5 lakh in aggregate for the financial year. Part B generally applies above INR 5 lakh when a specified AO order or certificate exists. Part C generally applies above INR 5 lakh with Form 15CB. Part D generally covers a nonchargeable remittance when Rule 37BB does not exempt the information filing.
Banks commonly request purchase and sale deeds, acquisition or inheritance proof, buyer withholding evidence, Form 26AS/AIS, capital-gain computation, tax challans, an income-tax return acknowledgement when available, bank statements tracing the proceeds, and the applicable Form 15CA, Form 15CB or AO document.
Eligible NRO funds can generally be transferred to NRE under the same remittance-of-assets facility. The NRO-to-NRE transfer counts toward the USD 1 million annual limit; sending the funds onward from NRE does not create a second allowance.
Moving your own funds from India to the United States is not itself U.S. income. The interest, rent, capital gain or other source that produced the funds may be taxable and reportable in the United States, and the Indian accounts can continue to trigger FBAR or Form 8938 reporting.