Skip to content
Got a notice? Emergency response

Special Income

Lending to or borrowing from family across the border

FEMA allows loans both ways between an NRI and resident relatives. The conditions changed in 2026, and interest carries tax.

You want to lend money to a relative in India, or borrow from one, across the NRI line, parents helping a child abroad, or an NRI helping family at home. You want to know whether FEMA allows it, on what terms, and whether the interest is taxable. Most guidance online is now out of date, because the rules changed in February 2026. Here is who can lend to whom, the current conditions, and how the interest is taxed.
Last reviewed: 26 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

FEMA allows loans both ways between an NRI and a resident, with different conditions each direction. A resident can lend to an NRI close relative interest-free, for at least a year, within the LRS limit of USD 250,000 a year, with the money going to the NRI's NRO account. An NRI can lend to a resident in rupees on a non-repatriable basis, repayable only to the NRI's NRO account, with end-use restrictions. Importantly, the old caps that used to limit the tenure to three years and the interest to two per cent over the bank rate were removed in February 2026, so ignore any source still quoting them. On tax, interest is taxable in the lender's hands, and when the NRI is the lender the resident borrower must deduct TDS under Section 195. An interest-free loan between relatives is not a taxable gift, but if the loan is later waived the forgiven amount can be taxed as a gift unless the two are relatives.

Is this your situation? Get a senior CA on it.

Free 15-minute call. We tell you what applies to you and what it costs, then you decide. You stay abroad.

Senior CA who specialises in NRI tax · we deal with the tax officer, you don't

Chat with a CA on WhatsApp

Who can lend to whom, and on what terms

FEMA permits personal loans in both directions between an NRI and a resident, but the conditions differ by direction, and they were updated in early 2026, so check the date on any advice you read.

When a resident lends to an NRI who is a close relative, the loan must be interest-free, for a minimum of one year, and within the resident's Liberalised Remittance Scheme limit of USD 250,000 per financial year. The money must go into the NRI's NRO account and move through banking channels, not cash, and it cannot be used for a few barred purposes such as agricultural or plantation activity, real-estate business, chit funds or re-lending. When an NRI lends to a resident, the loan is in rupees on a non-repatriable basis, meaning both interest and principal can be repaid only into the NRI lender's NRO account, funded from inward remittance or the NRI's NRE, NRO or FCNR account, again with end-use bars. The important recent change: the old conditions that capped such loans at three years and pegged interest to no more than two per cent over the bank rate were removed by a February 2026 amendment. Almost every article online still shows those caps, so do not rely on them.

The tax on the interest, and the gift trap

Interest on the loan is income in the lender's hands. When the NRI is the lender, the interest is Indian-source income, so the resident borrower must deduct TDS under Section 195 at the rate in force, reduced by the treaty rate if the NRI provides a tax residency certificate and Form 41, formerly Form 10F. If the treaty rate is lower, the NRI can obtain a lower-tax certificate, Form 128, formerly Form 13, so the borrower does not over-deduct. When a resident lends interest-free to an NRI, there is no interest and so no income to tax.

Two traps are worth naming. First, an interest-free loan between relatives is not a taxable gift, because a loan carries a repayment obligation, so it is not money received without consideration. But if the loan is later waived or written off, the forgiven amount can become a gift and be taxed under Section 56(2)(x), unless the lender and borrower are relatives as the section defines them, in which case it stays exempt. Second, the clubbing rule under Section 64 does not apply to a genuine loan, unlike an outright gift to a spouse or minor, where the income the gifted money earns is clubbed back with the giver. To keep both traps shut, treat the loan as a real loan: a written agreement, a genuine intention to repay, and money moving only through banking channels. A practising CA sets the loan up FEMA-compliantly and gets the TDS and documentation right.

What's involved

What the CA actually does

  1. 1

    We check the FEMA route

    We confirm the loan is allowed in your direction and set the terms, interest-free and within LRS for a resident lender, non-repatriable for an NRI lender.

  2. 2

    We fix the TDS

    Where the NRI is the lender, we get the borrower's TDS onto Section 195 at the correct treaty rate with the right certificate.

  3. 3

    We keep it a loan, not a gift

    We document the loan so it is not recharacterised as a gift, and warn you before any waiver that could trigger gift tax.

  4. 4

    We handle repatriation

    We move interest and principal through the NRO account correctly, and out within the permitted route where eligible.

What to have ready

Documents you'll typically need

  • Who is lending to whom, and the relationship
  • The loan amount, term and whether any interest is charged
  • The bank accounts used, on both sides
  • PAN and residency details of the NRI party

Your destination country can change the details

Requirements differ from one consulate, university and visa route to the next, how recent the figures must be, how long funds must have been held, and which certificates are mandatory. We assemble the documents around the exact checklist you're applying under. To see how India's tax treaty with your country of residence affects related filings, set your country below or compare all 46 countries.

References on this page

  • A resident can lend to an NRI close relative: interest-free, minimum one year, within the LRS USD 250,000 a year limit, credited to the NRI's NRO account
  • An NRI can lend to a resident in rupees on a non-repatriable basis, repayable to the lender's NRO account, with end-use restrictions
  • The old three-year tenure and two-per-cent-over-bank-rate caps were removed by the February 2026 FEMA amendment, ignore sources still quoting them
  • Interest is taxable in the lender's hands; when the NRI lends, the resident borrower deducts TDS under Section 195; a bona fide loan does not trigger gift tax or clubbing

Frequently asked questions

Common questions

Yes. A resident can lend to an NRI close relative, but it must be interest-free, for at least a year, within the LRS limit of USD 250,000 a year, and credited to your NRO account through banking channels. It cannot be used for a few barred purposes like real-estate business or re-lending.

Yes. An NRI can lend to a resident in rupees on a non-repatriable basis, meaning it is repaid only into your NRO account, funded from remittance or your NRE, NRO or FCNR account, with end-use restrictions. The old three-year and interest-cap limits were removed in February 2026.

Yes, in the lender's hands. When you as the NRI are the lender, the interest is Indian-source income and the resident borrower must deduct TDS under Section 195, reduced to the treaty rate with your tax residency certificate and Form 41. An interest-free loan has no interest to tax.

A genuine loan is not a gift, because it must be repaid. But if you later waive or write off the loan, the forgiven amount can be taxed as a gift under Section 56(2)(x), unless you and the borrower are relatives, when it stays exempt. Keep a written agreement and repay through banking channels.

The exceptions that change the answer

Where the general rule stops applying to you

Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.

Liberalised Remittance Scheme annual limit

Right now: USD 250,000 per financial year

Where it works differently

The remitter is an NRI
LRS is not available. Only a person resident in India under FEMA may use it.
Eligibility clause of the LRS Master Direction.

Commonly got wrong

  • NRIs remit under LRS. LRS is resident-only.Remittance of Assets, USD 1 million.

Taxable gift threshold under s.56(2)(x)

Right now: Rs 50,000 aggregate in a financial year

Where it works differently

The giver is a 'relative' as defined
No limit and no tax, whatever the amount.
Explanation to s.56(2)(x). The definition includes spouse, siblings, siblings of spouse, siblings of either parent, lineal ascendants and descendants, and their spouses.
The gift crosses Rs 50,000 from a non-relative
The WHOLE amount is taxable, not just the excess.
The threshold is a cliff, not an allowance.
Received on marriage, under a will, or by inheritance
Exempt regardless of amount or relationship.
Proviso to s.56(2)(x).
A resident gifts to a non-relative NRI
FEMA applies separately from tax. Satisfying s.56(2)(x) does not make it FEMA-compliant.
Two independent regimes: one under the Income-tax Act, one under FEMA.

Commonly got wrong

  • Only the amount above Rs 50,000 is taxed. The entire sum becomes taxable once the threshold is crossed.Cross Rs 50,000 and the whole gift is taxable.
  • A cousin is a relative. Cousins are NOT within the statutory definition.Relative means spouse, brother or sister, brother or sister of the spouse, brother or sister of either parent, any lineal ascendant or descendant of you or your spouse, and the spouse of any of these. Cousins are not on the list.

LRS TCS rate: all other purposes

Right now: 20% above the threshold

Where it works differently

TCS has been collected
It is a credit, not a cost. It shows in Form 26AS and is claimed in the return, refundable if tax liability is lower.
TCS is an advance collection.

Commonly got wrong

  • 20% TCS is a tax on sending money abroad. It is a refundable advance collection, not a levy.Claim it in the ITR; it comes back if your liability is lower.

Lending to or borrowing from family in India?

Tell us the direction and the amount. A practising CA will set the FEMA terms and the tax on the interest right on a free call, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.