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Guide for NRIs to Invest in Indian Real Estate

The Indian real estate industry is poised for remarkable growth, with projections estimating it to reach a $650 billion business by 2025. This expansion is expected to significantly boost the sector's contribution to GDP, rising from 7% to 13%. The Indian government's initiative to provide housing for all by 2022 further supports this growth. Despite challenges like legal changes and liquidity constraints, NRIs continue to see Mumbai real estate as a prime investment opportunity.

Understanding NRI Status and Market Potential
An NRI (Non-Resident Indian) is defined by the Indian government as an individual residing outside India for more than 180 days a year. Currently, there are approximately 2.84 million NRIs worldwide, with millionaires making up 2.36 lakh of this population. On average, a wealthy NRI's net worth is $3.83 million.

The United States is home to 1,33,564 NRI millionaires, representing 56.5% of the global NRI millionaire population. The United Kingdom accounts for 12.7%, with the remaining distributed across the UAE, Canada, Singapore, Hong Kong, Indonesia, and Japan. Collectively, NRIs hold a fortune estimated at $1.4 trillion, underscoring the significant financial impact they can have on the Indian economy.

Steps for NRIs to Invest in Indian Real Estate

  • Open an NRE Account:
    Before conducting any financial transactions in India, NRIs must open a Non-Resident External (NRE) account. Banks like HDFC offer NRE Savings Accounts tailored for NRIs.
  • Get a PAN Card:
    A Permanent Account Number (PAN) is essential for all financial transactions in India. It serves as a national identity for tax purposes.
  • Financial Planning and Currency Consideration:
    Understanding the financial aspects of investing in Indian real estate is crucial. Since transactions are conducted in Indian rupees, NRIs should consider currency movements and inflation rates to determine the true value of their investment.
  • Conduct Thorough Research:
    Before investing, NRIs should conduct comprehensive research. Factors like infrastructure, the reputation of property developers, and the history of similar developments are vital. Attending property exhibitions, such as those organized by Griha Pravesh and CREDAI, can provide valuable insights and investment options.
  • Choose Your Investment Wisely:
    With the Indian government merging the statuses of Persons of Indian Origin (PIOs) and Overseas Citizens of India (OCIs), NRIs can now own both residential and commercial properties in India, excluding agricultural land, plantation property, and farmhouses. Reputed developers are a safer bet due to their market visibility and reliability.
  • Secure Financing:
    Once an NRI decides on a property, securing financing is the next step. Projects approved by national banks are preferable as they have undergone due diligence. The Reserve Bank of India mandates that NRIs pay at least 20% of the property's value in cash, with local financial institutions potentially covering the remaining 80%.
  • Tax Benefits:
    NRIs are entitled to similar tax advantages as Indian citizens. Under Section 80C of the Income Tax Act, 1961, they can claim a deduction of up to Rs. 1 lakh. Additionally, there are provisions to reduce long-term capital gains tax if the property is sold after three years and the proceeds are reinvested in another property.
Conclusion

The post-pandemic landscape offers promising opportunities for NRIs to invest in Indian real estate. With favourable exchange rates and a booming market, now is an ideal time to explore viable investment options. However, for under-construction projects, it's advisable to stick to reputed builders to mitigate risks and ensure quality.

India's robust economic growth, driven by various sectors such as IT, manufacturing, and services, has positioned it as one of the world's fastest-growing economies. This growth translates into rising demand for residential and commercial properties, making it an opportune time for NRIs' real estate investment in India and to reap the benefits of capital appreciation. Moreover, the future of real estate in India appears promising, with increasing urbanization and growing demand for residential and commercial properties.

The Government of India has introduced several initiatives and reforms to attract foreign investments in the real estate sector. Measures such as the Real Estate Regulation and Development Act (RERA) and the Goods and Services Tax (GST) have enhanced transparency, boosted buyer confidence and streamlined processes. These reforms have created a more secure and regulated environment for NRIs to invest in real estate with ease.

Investing in Indian real estate allows NRIs to diversify their investment portfolio beyond their country of residence. By diversifying across geographies and asset classes, NRIs can mitigate risks and potentially achieve higher returns. Real estate, with its tangible nature and potential for rental income, provides a stable and appreciating asset that adds stability to an investment portfolio.

Unlike real estate prices in developed countries, Indian properties often offer a more affordable investment option. NRIs can capitalise on favourable exchange rates and purchase properties at competitive prices, providing an opportunity for long-term appreciation and potential rental income.

Investing in Indian real estate opens the door to earning rental income. With a growing population and increasing urbanization, there is a consistent demand for rental properties. NRIs can leverage this demand by investing in residential or commercial properties and earning a steady stream of rental income.

The same taxation rules govern NRI investment in real estate in India and claim tax benefits under section 80 C of the Income Tax Act, 1961, just like any Indian citizen. The property bought by an NRI is exempted from taxation if declared for self-use, but if the property is rented, it will be deemed taxable income. If an NRI purchases a residential property of INR 50 lacs from an Indian resident, then the NRI can withhold tax at the source at the rate of 1% of the purchase valuation.
On the other hand, if the property owner himself is an NRI, then the NRI investor can withhold tax 20% of the long-term capital and 30% in case of short-term capital gains. Moreover, the Double Taxation Avoidance Agreement plays a crucial role in NRI investment in India. It gives NRI the benefit of claiming credit in the overseas country where he is currently residing on the taxes he incurs on the rental income or capital gains concerning the property in India.

For NRIs with strong ties to India, investing in real estate can provide a sense of connection to their homeland. It also offers the possibility of returning to India in the future and having a ready-made property for personal use. Additionally, owning real estate in India can serve as a legacy for future generations.

NRI real estate in India can serve as a strategic tool for retirement planning. NRIs can choose to invest in residential properties that can later serve as their retirement homes. Additionally, rental income from properties can provide a steady income stream during retirement. Investing in India offers NRIs the option of securing a comfortable retirement and financial stability.