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The Overseas Citizenship of India (OCI) is an immigration status permitting a foreign citizen of Indian origin to live and work in India indefinitely.
OCI Cardholders who stay in India for over 182 days in twelve months immediately preceding the date of application for enrolment and have an Indian address can also enrol for Aadhaar Card in India.
An OCI Card holder cannot hold any Indian constitutional posts such as that of the President, Vice President, Judge of the Supreme Court or High Court, MLA, MLC, MP or Member of Rajya Sabha.
Eligibility: An individual automatically acquires the status of an NRI, if he has resided in India for less than 182 days whereas an OCI Card Holder is someone eligible to become an Indian Citizen on or at any given time post-1950 or who belonged to a territory that became part of India after 1947.
Applicability: There is no applicability procedure to classify as an NRI. The moment you fulfil a specific stipulation, inevitably your status is that of an NRI whereas You have to apply for an OCI card via the Government of India online portal for the status of OCI.
Taxation: Income earned through investments and receipts in India is taxable in India whereas an OCI cardholder is liable for taxation on his/her global income and is subject to the conditions of DTAA (Double Tax Avoidance Agreement).
A person who is registered as an OCI for 5 years and is residing in India for 1 year out of the above 5 years, is eligible to apply for Indian Citizenship.
(a) A person who has acquired the property or his successor cannot repatriate the sale proceeds of such property without RBI approval.
(b) Repatriation up to USD 1 million per financial year is allowed, along with other assets by a person who has (i) inherited from a person referred to in section 6(5) of FEMA, or (ii) retired from employment in India or (iii) is a non-resident widow/widower and has inherited assets from her/his deceased spouse who was an Indian national resident in India.
(c) NRIs/PIOs can remit the sale proceeds of immovable property (other than agricultural land/farm house/plantation property) in India subject to conditions:
– The immovable property was acquired in accordance with the provisions of the foreign exchange law in force at the time of acquisition or the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations 2018;
– The amount for acquisition of the property was paid in foreign exchange received through banking channels or out of the funds held in foreign currency non-resident account or out of the funds held in non-resident external account;
– In the case of residential property, the repatriation of sale proceeds is restricted to not more than two such properties.
Source: RBI FAQ,
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