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The Bond has a fixed interest or coupon rate and is convertible into certain
number of shares at a prefixed price. The bonds are listed and traded on one
or more stock exchanges abroad. Till conversion the company has to pay
interest on FCCBs in dollars (or in some other foreign currency) and if the
conversion option is not exercised, the redemption also has to be done in
foreign currency. The bonds are generally unsecured.
These are created when the local currency shares of an Indian Company are
delivered to an overseas depository bank’s domestic custodian bank, against
which depository receipts in US dollars are issued. Each depository receipt
may represent one or more underlying shares. These depository receipts can
be listed and traded as any other dollar denominated security.
Benefits:
To Indian Company:
(a) Better corporate image both in India and abroad which is useful for
strengthening the business operations in the overseas market.
(b) Exposure to international markets and hence stock prices in line with
international trends.
(d) Use of the foreign exchange proceeds for activities like overseas
acquisitions, setting up offices abroad and other capital expenditure.
(b) Convenience to investors as ADRs are quoted and pay dividends in U.S.
dollars, and they trade exactly like other U.S. securities.
(d) Overseas investors will not be taxed in India in respect of capital gains on
transfer of ADRs to another non-resident outside India.
The incentive available for such loans is the relative lower financing cost.
ECB’s can be taken in any major currency and for various maturities. ECBs
are being permitted by the Government for providing an additional source of
funds to Indian corporate and PSU’s for financing expansion of existing
capacity as well as for fresh investment to augment the resources available
domestically.
ECBs are approved with an overall annual ceiling. Consistent with prudent
debt-management keeping in view the balance of payments position and level
of foreign exchange reserves.
In this article we will cover India as an investment destination, how to figure out if
you are an NRI, things to keep in mind when investing in India as an NRI, NRI
taxation and which are the different bank accounts to invest from.
1. First, let’s consider how to know whether you classify as an NRI or not. The
classification is actually very simple.
The Income Tax Act classifies residential status of a person into ‘Resident’ and ‘Non-
Resident’ (NR). It further classifies ‘Resident’ into ‘Ordinarily Resident’ (ROR) and
‘Not Ordinarily Resident’ (RNOR), which is applicable only to Individuals.
An individual is 'Resident in India' if he/she fulfils any one of the condition (basic
conditions) given below with reference to his/her stay in India during the previous
year (i.e. April to March).
1. If he/she is in India in that year for a period or periods amounting in all to 182 days or
more or
2. If he/she is in India in that year for a period or periods amounting in all to 60 days or
more and if he/she has within the 4 years preceding that year been in India for a
period or periods amounting in all to 365 days or more.
There are a couple of exceptions to the above stated conditions.
Exceptions:
The period of 60 days in (2) above is to be read as 182 days in case of a Citizen of
India:
1. who leaves India in any previous year as a member of the crew of an Indian ship or
2. for the purpose of employment outside India or
3. a Citizen of India, or a person of Indian origin, who being outside India, comes on a
visit to India in any previous year.
Thus, to be resident in India, a person has to satisfy any one of the above two basic
conditions. If a person does not satisfy any of the above conditions he/she is
determined as ‘Non Resident’ in India.
To determine whether a person is ‘Ordinarily Resident’ he/she has to satisfy any one
of the condition in the relevant previous year:-
1. he/she has been ‘resident in India’ in 2 out of 10 years preceding that year, or
2. he/she has been in India for a period or periods amounting in all to 730 days or more
during 7 years preceding that year.
2. Now that we know how to classify oneself, lets move forward to assess India as
an Investment Destination – compared to the other emerging nations.
The recent economic down-turn has made a number of Indians working in a foreign
country become concerned about their job security and investment options. This has
made them think about managing their finances in a better way by taking professional
advice and by investing more money in India – their home country. The India Shining
story is something we have all heard in the past, but is it really true when compared to
other developing nations such as Brazil, China and Russia?
Source: ACEMF; Personal FN Research
As is shown in the chart above depicting India, Brazil, Russia and China, over the past
1 year, even with all negatives, India has managed to slowly and steadily outperform
the rest of the emerging nations, proving that as an investment destination, we need to
look no further than our own home country to help us plan for and achieve our life’s
financial goals.
**Foreign Income means income which is neither received in India and does not
accrues or arises in India.
In the case of a Non Resident, only the income earned or received in India is taxed in
India. Accordingly, income earned outside India would not be taxable in India.
Tax on Dividends:
Dividends declared by equity-oriented funds (i.e. mutual funds with more than 65% of
assets in equities) are tax-free in the hands of NRI investor.
Dividends declared by debt-oriented mutual funds (i.e. mutual funds with less than
65% of assets in equities), are tax-free in the hands of the NRI investor. However, a
dividend distribution tax (which varies for individual and corporate investors) is to be
paid by the mutual fund on the dividends declared by them.
Dividends received from foreign companies are taxable in the hands of shareholder as
the foreign companies are not liable to DDT
Indexation benefit is when the cost of the investment is raised to account for inflation
for the period the investment is held. This is done by using a cost inflation index
number released by the tax authorities every year.
Let's say that you had invested Rs 1 lakh in a mutual fund on March 30, 2005 and
redeemed these units at Rs 1.5 lakh on April 1, 2010.
As per indexation benefit, according to the Cost Inflation Index levels announced by
the government every year the cost of acquisition would be deemed to be Rs 148,125
lakh. Your long-term capital gain on this transaction with indexation benefit is just Rs
1,875. The tax liability thus would be Rs 375.
Without indexation benefit, long term capital gain will be Rs. 50,000 and tax liability
would be Rs. 5,000.
5. Types of Bank Accounts:
An NRI must also consider which account he should be investing from. But before
doing so, it is important to take into account some points:
Are the funds in the bank account from which you will be investing, obtained from
Indian sources or are they repatriated (brought back home) from the country in which
you are working? E.g. Are they your salary funds?
In which currency do you want to hold the bank account?
Do you plan to repatriate the funds in the account back into the foreign currency, in
order to take it back to your country of work?
Based on the answers to these questions, you can decide whether you need to invest
from your NRE (Non Resident External) account or your NRO (Non Resident
Ordinary) account.
NRE Account: In an NRE account, your funds in foreign currency are converted into
Indian rupees, at the rate prevailing at the time of transferring the funds from the
account. The principal as well as the interest is freely repatriable or can be transferred
to the foreign country. Funds in the NRE account can be freely repatriated.
NRO Account: If you want an account to transfer Indian earnings, an NRO account is
suitable for you. Foreign funds can also be deposited into this account. The interest
income earned on in this account is subject to tax in India. The interest is subject to
income tax deduction at source @ 30% plus applicable surcharge plus education cess.
Funds in the NRO account cannot be repatriated abroad.
Ques:- Financing Import:- (FEMA) ? Give the general Provisions import/export
in Foreign trade Policy?
Letter Of Credit& Documentations?
Forward Exchange Rate?
Currency Future, Currency option Information Risk, Exchange Risk
IMF,IBRD,IFC
Balance of Payment: Current A/c Capital A/c
Introduction Of Foreign Exchange :
Besides these cases, there are certain other transactions, for which
specific RBI approval will be required. For instance, Reserve Bank
approval is required for importers availing of Supplier’s Credit beyond
180 days and Buyer’s Credit irrespective of the period of credit.
iii. Authorised dealers are now permitted to grant rupee loans to NRIs
against security of shares or immovable property in India, subject to
certain terms and conditions. Authorised dealers or housing finance
institutions approved by National Housing Bank can also grant rupee
loans to NRIs for acquisition of residential accommodations subject to
certain terms and conditions.
Letter Of Credit:
A letter of credit (LC), also known as a documentarycredit, is a written
commitment by a bank on behalf of a buyer that payment be made to a seller
provided that the terms and conditions stated therein have been met. A letter
of credit is an important payment method in international trade.
LETTER OF CREDIT
Required Documents
BILL OF LADING
A Bill of Lading is considered the most important document involved in a shipment of
merchandise. An exporter receives a Bill of Lading when delivering the merchandise
to the shipping company for transport to an importer.
COMMERCIAL INVOICE
A Commercial Invoice is a document that describes merchandise, as stated in the
Letter of Credit, and lists the costs. An importer may agree to pay, in addition to the
cost of the merchandise, charges involved in shipping the merchandise. The
description of the merchandise in the Commercial Invoice and the description of the
merchandise in the Letter of Credit must be identical in every way.
INSURANCE POLICY
Issued by an underwriting institution, the Insurance Policy states that a specified party
will be reimbursed an amount in the event merchandise is damaged or destroyed. An
Insurance Policy generally covers accidental losses and covers voluntary losses when
a cargo must be sacrificed to save a ship. For additional cost, losses caused by
spoilage, war, civil disturbance, riots and other risks can be included in the coverage.
Because commercial banks are not included in the shipping business per se, questions
regarding types of coverage should be referred to a freight forwarder or a customs
broker.
Currency Futures:-
Currency futures are a transferable futures contract that specifies the price at which a
currency can be bought or sold at a future date. Currency futures contracts are legally
binding and counterparties that are still holding the contracts on the expiration date
must trade the currency pair at a specified price on the specified delivery date.
Currency future contracts allow investors to hedge against foreign exchange risk.
Currency Option Information Risk:-
A currency option is a contract that gives the buyer the right, but not the obligation, to
buy or sell a certain currency at a specified exchange rate on or before a specified
date. For this right, a premium is paid to the seller, the amount of which varies
depending on the number of contracts if the option is bought on an exchange, or on
the nominal amount of the option if it is done on the over-the-counter market.
Currency options are one of the most common ways for corporations, individuals or
financial institutions to hedge against adverse movements in exchange rates.
IBRD
The International Bank for Reconstruction and Development (IBRD) is
an international financial institution that offers loans to middle-income developing
countries. The IBRD is the first of five member institutions that compose the World
Bank Group and is headquartered in Washington, D.C., United States. It was
established in 1944 with the mission of financing the reconstruction of European
nations devastated by World War II. The IBRD and its concessional lending arm,
the International Development Association, are collectively known as the World
Bank as they share the same leadership and staff.
IFC
Balance of Payment :-
A country's balance of payments and its net international investment position together
constitute its international accounts.
The balance of payments divides transactions in two accounts: the current account and
the capital account (sometimes the capital account is called the financial account, with
a separate, usually very small, capital account listed separately). The current account
includes transactions in goods, services, investment income and current transfers. The
capital account, broadly defined, includes transactions in financial instruments and
central bank reserves.
(c) Insurance.
Payments for these services are recorded on the negative side and receipts on the
positive side.
Capital account is concerned with financial transfers. So, it does not have direct effect
on income, output and employment of the country.
A. Surplus in capital account arises when credit items are more than debit items. It
indicates net inflow of capital.
B. Deficit in capital account arises when debit items are more than credit items. It
indicates net outflow of capital.
The foreign exchange markets (FOREX) have evolved from the humblest of
beginnings to the world’s largest market by dollar volume. With several different
entry points, speculators and hedgers can both find what they are looking for. Whether
they simply want to hedge their everyday currency risk, or pursue a more complex
strategy, the FOREX markets provide the liquidity and instruments for trading in
currencies.