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PIS or not: the two routes an NRI can buy listed Indian shares on

A bank or a broker has told you that you need a PIS account, and nobody has explained what it is or whether you need one at all.

You want to buy shares of listed Indian companies from abroad, and somewhere in the account-opening paperwork the words Portfolio Investment Scheme appeared. One bank says you must have it. A friend says he has been investing for years without it. Meanwhile you are being asked to pick a designated branch, sign a permission letter, and open a separate account that you are told not to use for anything else. The decision matters more than the paperwork suggests, because the route you pick is what decides whether the money can ever leave India again.
Last reviewed: 22 September 20269 min readReviewed by Preetesh Maloo, CA

The short answer

You need a PIS permission only if you want to buy listed Indian shares on a repatriation basis, meaning the sale proceeds can be sent abroad freely. That route is Schedule III of the FEMA Non-debt Instruments Rules: one designated branch of one bank, one rupee account used for nothing else, and every purchase reported to the RBI. If you are happy for the money to stay in India and come out only through the USD 1 million a financial year NRO route, you do not need PIS at all. From 12 June 2026 the route is open to any individual living outside India, not only NRIs and OCI cardholders, and the per-investor cap in one company went from 5 percent to under 10 percent.

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What the Portfolio Investment Scheme actually is

It is the route the Reserve Bank runs for a person living outside India to buy and sell shares of listed Indian companies on a recognised stock exchange. Everything goes through one designated branch of one authorised dealer bank. That branch settles your trades against a single rupee account kept for nothing else, and reports the purchases and transfers to the RBI.

The rulebook never uses the words Portfolio Investment Scheme. What you are actually signing up to is Schedule III of the Foreign Exchange Management (Non-debt Instruments) Rules 2019. The RBI's own market-monitoring pages and every bank in the country still call it PIS, so the vocabulary you meet at the counter and the vocabulary in the law do not match.

Two things moved in June 2026. The Third Amendment Rules, notified on 12 June 2026, opened Schedule III beyond NRIs and OCI cardholders to any individual person resident outside India, and raised the caps. A day later the payment and reporting regulations were amended to require a single designated repatriable rupee account used exclusively for these investments, and to replace the old Form LEC (NRI) with Form LEC (IFI), for Individual Foreign Investor.

What PIS is not: it is not a tax scheme, and it is not how you buy mutual funds.

Repatriable or not: the route decides everything

There are two ways to own listed Indian shares from abroad, and they are separate FEMA pools rather than two flavours of the same account. The tax is identical. The exit is not.

Repatriation basis (Schedule III, PIS)Non-repatriation basis (Schedule IV, no PIS)
What funds itInward remittance, or a designated repatriable rupee account, usually NREAny of your accounts, NRO, NRE or FCNR(B); what is fixed is the exit, through NRO
PIS permissionYes, from one designated bank branchNo
Can the money leave IndiaYes, freelyOnly inside the USD 1 million per financial year NRO route
Tax on gains20 percent short-term, 12.5 percent long-term over the ₹1.25 lakh yearly exemption, plus cess and surchargeIdentical
Who withholdsThe designated bank, before it credits the proceedsYour broker or bank, before it credits the proceeds
What FEMA calls itForeign investmentDomestic investment, at par with a resident's

The last row is the one that surprises people. Money you put in on a non-repatriation basis is treated as domestic investment, which is why the paperwork is lighter. The price of that lightness is the exit: it leaves India only through the NRO remittance route, capped at USD 1 million a financial year across all your assets.

The company caps below apply to the repatriable route only. Non-repatriation purchases sit under Schedule IV of the NDI Rules, are treated as domestic investment, and carry no cap of their own.

Setting up the repatriable route, in order

The sequence matters, because each step is the prerequisite for the next and brokers will not open the trading account until the bank side is done.

1. PAN, active. Nothing else starts without it. 2. An NRE account at the branch you are choosing as your designated branch. You may appoint only one bank for this. 3. The PIS permission letter from that bank. Your broker and the clearing side check trades against it. 4. The linked NRI demat and trading account, opened against the same bank and permission.

Then keep it clean. The designated account is for Schedule III trades and nothing else. IPO application money, mutual fund purchases, loan instalments and ordinary banking belong in a different account, and mixing them is the commonest reason a bank freezes a PIS mandate while it works out which credit was what.

If you already hold a resident demat from before you moved, do not try to convert it into this. That is a separate job with its own sequence, and it is set out in full on still trading on a resident demat after moving abroad.

What does not need PIS at all

Most of what an ordinary investor does is outside this scheme, which is why your friend has been investing for years without a permission letter.

Mutual funds. Units are bought from the fund house, not on a stock exchange, so Schedule III does not reach them. An NRE or NRO account and completed KYC is the whole requirement.

IPOs, rights and bonus shares. The primary market sits outside PIS. Application money can go from a normal NRE or NRO account, and selling those shares later does not need PIS permission either.

Anything bought on a non-repatriation basis. That runs under Schedule IV; the proceeds exit only through NRO.

Shares you bought while you were still resident. They stay on the non-repatriable side, move into an NRO-linked demat, and are sold without PIS.

Futures, options and intraday. These are not on the PIS route at all; they run on rupee funds on a non-repatriation basis. How India then taxes those gains is a different question, and a harsher one, covered at futures and options as business income.

If you are still working out which deposit account should be feeding any of this, FCNR vs NRE vs NRO sets the three side by side.

The caps, and the list your bank checks before it buys

Two ceilings sit on top of every purchase, and both moved in June 2026.

CapUntil 12 June 2026Now
One individual, in one company5 percent of paid-up equity capitalLess than 10 percent, on a fully diluted basis
All individual foreign investors together10 percent, raisable to 24 percent by special resolution24 percent, no resolution needed

Your own limit is measured across both routes together, so repatriable and non-repatriable holdings in the same company are added up. Cross the individual line and you have five trading days from the date of settlement to sell down; miss that and your entire holding in that company is treated as foreign direct investment, with the approvals and pricing rules that brings.

The aggregate ceiling is not something you track. The RBI does, and it stops you before you breach it. Once purchases in a company reach a cut-off two percentage points below the ceiling, the RBI cautions every designated bank branch, and further buying needs its prior approval, given first come first served. On reaching the ceiling itself, branches are told to stop buying for non-resident clients altogether. That is why the order goes through your designated branch rather than straight to the exchange.

A worked example: Meera in London opens the repatriable route

Meera has been in London for six years and wants to put GBP savings into Indian listed equity that she can bring back out later without a cap. Repatriable is the only route that does that, so she opens it in order: PAN first, then an NRE account at one branch she nominates as her designated branch, then the PIS permission letter, then the linked demat and trading account against the same bank.

She remits funds into that NRE account and buys ₹12,00,000 of listed shares; most of it she still holds. Fourteen months later she sells one holding for ₹8,00,000 that had cost her ₹5,00,000, a long-term gain of ₹3,00,000.

Her designated bank withholds before it credits her. At 12.5 percent plus 4 percent cess on the ₹3,00,000, that is ₹39,000, and ₹7,61,000 lands in the NRE account, freely repatriable from the moment it arrives.

The return is where she gets part of it back. Across the year her long-term equity gains attract the ₹1,25,000 annual exemption, so the tax actually due is 12.5 percent of ₹1,75,000, which is ₹21,875, plus ₹875 cess, ₹22,750 in all. She files and claims the ₹16,250 difference as a refund. Whether a bank applies that exemption at source varies; the return is what settles it either way.

What's involved

What the CA actually does

  1. 1

    We settle which route your money should be on before you open anything

    The choice between the repatriable and the non-repatriable route is made once and is expensive to undo, because proceeds that land on the wrong side lose their repatriability. We look at where the funds came from, what you expect to do with the proceeds, and whether you also want derivatives, and tell you which accounts to open and in what order.

  2. 2

    We keep your holdings inside the individual cap

    The under-10-percent limit is measured on your repatriable holding in a company, and a breach has a five-trading-day clock on it. We check the position before a large purchase rather than after the settlement report.

  3. 3

    We reconcile what the bank withheld against what you actually owe

    Your designated bank deducts on each sale on the basis of what it can see. The annual exemption on long-term equity gains, grandfathered costs on pre-2018 holdings and losses elsewhere in your portfolio are not on its screen. We compute the real liability and file to recover the excess.

  4. 4

    We fix the accounts that were opened in the wrong order

    A resident demat still running, a PIS account being used for IPO money and EMIs, or proceeds credited to the wrong side of the NRE and NRO split are the three we see most. Each is a FEMA problem before it is a tax problem, and each has a clean-up path.

What to have ready

Documents you'll typically need

  • PAN, and confirmation that it is active
  • Passport and visa or residence permit pages
  • Overseas address proof for the bank and the depository
  • Your existing demat and trading account statements, including any resident-era account
  • The PIS permission letter, once the bank issues it
  • Contract notes and the bank's capital-gains statement for each sale
  • Form 26AS (Form 168 from FY 2026-27) and your Annual Information Statement

References on this page

  • Schedule III, Foreign Exchange Management (Non-debt Instruments) Rules 2019, purchase and sale of listed shares on a repatriation basis
  • Foreign Exchange Management (Non-debt Instruments) (Third Amendment) Rules 2026, notified 12 June 2026
  • Schedule IV, NDI Rules 2019, investment on a non-repatriation basis, deemed to be domestic investment
  • FEMA 395(4)/2026-RB, 13 June 2026, designated repatriable rupee account and Form LEC (IFI) reporting
  • FEMA (Remittance of Assets) Regulations 2016, USD 1 million per financial year out of an NRO account
  • Section 196 and Section 198 of the Income-tax Act 2025 (formerly Sections 111A and 112A), capital gains on listed equity; Section 195 (Section 393(2) of the 2025 Act), withholding on a payment to a non-resident

Frequently asked questions

Common questions

Only if you want to invest on a repatriation basis, where sale proceeds can be sent abroad without a limit. If you are content for the money to stay in India and leave later through the USD 1 million a financial year NRO route, you can buy listed shares through an NRO account with no PIS permission. Brokers often present PIS as compulsory because the repatriable route is the one they are set up to open.

No. You appoint one bank as your designated bank for this, and the trades run through one designated branch of it. That single point is what lets the RBI count non-resident holdings in a company across the whole market, which is the mechanism behind the caution list and the aggregate ceiling.

No. Mutual fund units are bought from the fund house rather than on a stock exchange, so the scheme does not apply. You need an NRE or NRO account and completed KYC in non-resident status, and that is all. The same is true of IPO applications, which sit in the primary market and are outside the scheme.

Two things. The FEMA Non-debt Instruments (Third Amendment) Rules 2026, notified on 12 June 2026, opened the route to any individual living outside India rather than only NRIs and OCI cardholders, and raised the caps: one investor can now hold just under 10 percent of a listed company instead of 5 percent, and all individual foreign investors together can hold 24 percent instead of 10 percent, without the company having to pass a special resolution.

No. Listed equity is taxed the same whichever route bought it: 20 percent on short-term gains and 12.5 percent on long-term gains above the ₹1.25 lakh annual exemption, plus cess and any surcharge. What differs is where the net proceeds land and how freely they can leave India afterwards.

No. Shares acquired while you were resident are held on a non-repatriable basis. They move into an NRO-linked demat account in your non-resident name and can be sold without PIS permission, with the proceeds credited to your NRO account after tax. The account conversion itself is the work, and it is not optional: a resident demat left running after you become non-resident is a FEMA contravention.

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.

NRI holding limits under the Portfolio Investment Scheme

Right now: An individual person resident outside India may hold under 10% of a listed company's paid-up capital; aggregate holding is capped at 24%. The scheme was also widened from NRI/OCI to any individual resident outside India

Where it works differently

Aggregate NRI holding breaches the ceiling
The excess is reclassified as FDI, subject to sectoral cap, pricing and reporting rules, not automatically reversed.
The NDI Rules treat an over-limit portfolio holding as foreign direct investment.

Commonly got wrong

  • The individual holding limit is measured across your whole portfolio or per exchange. The under-10% test is per company, on the fully-diluted paid-up capital of that company.Measure the limit company by company on paid-up capital, not portfolio-wide.

Grandfathering date for listed equity acquired before the s.112A regime

Right now: 31 January 2018 fair market value

Where it works differently

Shares were held on 31 January 2018
Cost is the HIGHER of actual cost and the 31 Jan 2018 FMV, but capped at the actual sale consideration, so grandfathering can never create a loss.
Clause (a) of the s.112A computation.
The 2024 rate change happened
Grandfathering survived it. The rate moved 10% to 12.5%; the 31 Jan 2018 base did not change.
Finance (No. 2) Act 2024 left the cost rule intact.

Commonly got wrong

  • The 2024 changes removed the 31 January 2018 grandfathering. They changed the rate, not the cost base.For shares held on 31 January 2018, cost is still the higher of actual cost and the 31 Jan 2018 fair market value, capped at the sale price.

NRO repatriation ceiling

Right now: USD 1,000,000 per financial year, per person

Where it works differently

The sale proceeds exceed USD 1 million
The balance waits for the next financial year. Joint holders each have their own limit.
The cap is per person per financial year.
The property was bought with foreign-currency funds
Sale proceeds of up to two residential properties may be repatriated outside this cap, limited to the original foreign-currency investment.
FEMA 21(R). Requires the original remittance trail.
Remitting
Form 15CA and, above Rs 5 lakh of taxable remittance, Form 15CB from a CA are required.
Rule 37BB.

Commonly got wrong

  • NRIs can remit USD 250,000 a year. That is the LRS limit for RESIDENTS. NRIs use the Remittance of Assets route at USD 1 million.An NRI does not remit under LRS. NRO balances and sale proceeds go out under the Remittance of Assets route, capped at USD 1 million per financial year, with Form 15CA and 15CB.

FCNR(B) deposit tenure

Right now: 1 to 5 years; term deposits only, no savings variant

Where it works differently

The holder returns to India permanently
The deposit may run to maturity, then converts to RFC. Interest stays exempt while the holder is RNOR.
Master Direction on Deposits and Accounts.
Premature withdrawal before 12 months
No interest is payable.
Standard RBI condition on FCNR(B).

Commonly got wrong

  • FCNR accounts work like a savings account. FCNR(B) is a term deposit only, 1 to 5 years.FCNR(B) is a fixed deposit in foreign currency, one to five years. There is no FCNR savings account.

Not sure which route your Indian share investing should be on?

Send us what accounts you already hold and where the money you want to invest is sitting. We will tell you which route fits, what to open and in what order, before anything is signed.

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