What an NRE Fixed Deposit is
An NRE (Non-Resident External) Fixed Deposit is an INR-denominated term deposit funded by foreign-earned remittances sent into India by a non-resident under FEMA. Source-of-funds is the gating rule: only money earned outside India and remitted via the banking channel (or from another NRE account, or sale proceeds of foreign-currency assets credited via FCNR) can fund an NRE FD.
NRE ≠ NRO. NRO holds Indian-source income (rent, dividends, pension); its interest is fully taxable. NRE holds foreign-source funds; its interest is exempt under Section 10(4)(ii) — zero TDS, no Indian tax. Same bank, same INR currency, very different tax treatment.
The deposit is held in INR but the principal can be repatriated freely (no USD 1 million cap that applies to NRO). FEMA permits free repatriation of NRE balances because the funds came from outside India in the first place — FEMA's job is to track inbound/outbound flows and NRE funds are simply going back where they came from.
Section 10(4)(ii) — what the exemption actually says
Section 10(4)(ii) of the Income-tax Act exempts: 'in the case of an individual, any income by way of interest on moneys standing to his credit in a Non-Resident (External) Account in any bank in India in accordance with the Foreign Exchange Management Act, 1999, and the rules made thereunder, provided that such individual is a person resident outside India as defined in clause (w) of Section 2 of the said Act'.
Two conditions must hold simultaneously:
1. The deposit is a valid NRE account under FEMA. If FEMA disqualifies the account (e.g., source-of-funds violation, holder becomes resident under FEMA), the exemption stops.
2. The holder is a 'person resident outside India' under FEMA Section 2(w). This is a different test from Section 6 of the Income-tax Act. FEMA non-residency turns on intent and physical stay (more than 182 days outside India in the preceding FY, OR has gone abroad for employment / business / indefinite stay). Section 6 is a day-count test for income-tax residential status.
The exemption ends the moment you become a person resident in India under FEMA — which can happen even mid-year if you take up an Indian employment / decide to stay. Your existing NRE FD must be re-designated to a resident account; from that moment the interest becomes taxable. Until then, the bank does not deduct TDS (Section 197A enforcement).
Eligibility and account-opening rules
Who can hold an NRE FD: any Indian citizen, PIO, or OCI cardholder who is a 'person resident outside India' under FEMA. Both the FEMA non-resident status AND a clean source-of-funds for the deposit are required.
What can fund an NRE FD: • Foreign-currency remittance into India (via SWIFT, banking channels) • Transfer from another NRE / FCNR account • Sale proceeds of foreign-currency assets credited via FCNR • Personal cheques drawn on a foreign bank account (rare in practice)
What cannot fund an NRE FD: • Indian-source income — rent, dividends, pension, sale of Indian property. These must go to NRO. Trying to credit them to NRE is a FEMA violation, and banks will reject. • Cash deposits in India (with limited exceptions for personal allowance up to USD 5000 equivalent on travel) • Funds from another resident's account in India
Joint holdings: NRE accounts can be held jointly with another NR. Per RBI's 2011 Master Direction, NRIs can also hold NRE accounts jointly with a resident close relative (spouse, parent, child, sibling) on an 'Either or Survivor' or 'Former or Survivor' basis — but the resident cannot operate or withdraw from the NRE account during the lifetime of the NR. The funds remain NRE-tagged.
Premature closure: Allowed at any time without restriction, subject to a small interest-rate haircut (~1%) per the bank's standard FD terms. The exemption is preserved.
TDS: zero, but operationalised via Section 197A
Banks do not deduct TDS on NRE interest. The exemption operates through Section 10(4)(ii) read with Section 197A — a self-executing exemption that doesn't require Form 15G / 15H or a Section 197 lower-deduction certificate.
The bank's compliance checklist before NOT deducting TDS:
• Account is correctly tagged NRE in the bank's CBS (core banking system) • Account holder's KYC reflects current FEMA non-resident status (passport, visa, overseas address) • No event has triggered re-designation (return to India, change in residence status)
If any of those break, the bank will start deducting TDS from the next interest credit cycle — either at the resident slab (if account is re-designated) or at 30% Section 195 (if FEMA status is unclear). Both are recoverable via ITR if you can demonstrate continuing FEMA non-resident status, but the friction is real.
The exemption appears in your Form 26AS / AIS as zero TDS against the bank's TAN with the income marked under Section 10. SFT reporting under Section 285BA still happens — the IT department knows you have the FD; it's just exempt.
FEMA repatriation rules — much cleaner than NRO
NRE balances are freely repatriable. No USD 1 million per FY cap. No Form 15CA / 15CB required for outbound transfers from NRE (because there's no taxable income to certify — the interest is exempt). The bank simply executes the SWIFT transfer.
The only gating items: • Bank's internal AML / TBML checks above certain transaction sizes • KYC currency and validity • Beneficiary verification for first-time outbound transfers
Conversion to FCNR: NRE funds can be converted to FCNR (foreign-currency-denominated FD) at the prevailing FX rate. FCNR interest is also exempt (Section 10(15)(iv)(fa)) — see the FCNR guide. This is useful if you want to lock in an FX position.
Conversion to RFC on return to India: When you become resident under FEMA, your NRE balance must be re-designated. The cleanest path is to convert to a Resident Foreign Currency (RFC) account, which preserves the foreign-currency flavour during your RNOR window (RFC interest is exempt for RNOR; taxable for ROR). Most banks won't proactively offer this — ask explicitly.
The big catch — your country of residence taxes NRE interest
India exempts NRE interest. Your country of residence usually doesn't — most countries tax their residents on worldwide income, including Indian deposit interest. Specifically:
United States: NRE interest is fully taxable on Form 1040 Schedule B at ordinary income rates. State tax (CA, NY, NJ) layers on top. There is no Foreign Tax Credit because India levied no tax — the FTC offsets foreign tax paid, and exempt-in-India means zero credit. The US-India DTAA Article 11 (15% interest cap) is irrelevant here because India has unilaterally exempted the income; the treaty caps Indian tax, not US tax. This is the single most-misunderstood thing for American NRIs.
United Kingdom (post-FIG abolition, April 2025): Indian NRE interest is fully taxable on UK Self Assessment under arising basis at up to 45%. No FTC available (same reason). Pre-April 2025, the remittance basis allowed deferral if funds weren't remitted to UK; that's gone now. UK NRIs holding NRE FDs need to declare the interest annually whether or not they remit.
Canada / Australia / EU: Generally fully taxable as worldwide income. FTC unavailable. Some countries (Australia post-departure) have specific rules for former residents.
Gulf states (UAE, Saudi, Bahrain, Kuwait, Oman, Qatar): No personal income tax on Indian NRE interest. UAE's Corporate Tax 2023 doesn't apply to individual investment income. This is where NRE FDs are genuinely tax-free — both India AND country of residence collect zero.
Singapore / Hong Kong: Singapore exempts foreign-source income unless remitted to Singapore. NRE interest in an NRI's hands typically stays outside Singapore taxation. Hong Kong follows territorial source — Indian-source interest is outside HK tax.
For Gulf, Singapore, Hong Kong NRIs — NRE is the ideal Indian-side parking. For US, UK, Canadian, EU NRIs — NRE is just deferral of taxation; you're paying it elsewhere.
When NRE FDs make sense vs alternatives
NRE FDs win when: • You're a Gulf / Singapore / HK NRI (zero residence-state tax means genuine double-zero) • You want INR exposure with full repatriability (NRO has the USD 1M cap) • You want fixed-tenure interest income at competitive rates (typically 6.5–7.5% for 1–5 year tenures, RBI-capped) • Your time horizon is 3+ years and you're confident on FEMA non-resident status throughout
NRE FDs don't win when: • You're a US / UK NRI — your residence-state taxes the interest fully; the India exemption is a wash. FCNR (foreign-currency) typically has cleaner tax treatment for these holders. • You expect to return to India within 1–2 years — re-designation friction + RNOR-window planning may eat the benefit • You want forex hedge — NRE is INR-denominated, so currency risk is real. FCNR holds USD/GBP/EUR/JPY directly. • You're holding it for the rate alone — bank FCNR USD rates have narrowed the gap; FCNR is comparable for shorter tenures