Skip to content
Got a notice? Emergency response

Dealing with an NRI

Money or a gift from an NRI relative: what you owe and declare

A parent, sibling or spouse abroad is sending money, and you want the bank trail and tax treatment to match what it really is.

A family transfer can look like income, a gift or a loan unless the purpose and paperwork say otherwise. The sender being NRI does not by itself make the money taxable, but the relationship, amount, purpose and evidence decide what you report.
Last reviewed: 21 September 20266 min readReviewed by Preetesh Maloo, CA

The short answer

Money received as a genuine gift from an NRI who is your specified relative is not taxable just because it came from abroad. A gift from a non-relative is taxable when the aggregate exceeds Rs 50,000, while a real loan is not a gift but needs terms and a repayment trail; document the transfer before the money arrives.

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

When it is taxable, and when it is not

The key question is not whether the sender is NRI. It is whether the transfer is a gift, maintenance or a loan, and whether the sender is your tax-law relative.

What you receiveFrom a relativeFrom a non-relative
Genuine gift or maintenanceNot taxable as a giftAggregate gifts above Rs 50,000 are taxable
LoanNot income if it is a real repayable loanNot income if it is a real repayable loan
Money with no explanationKeep evidence of relationship and purposeRs 50,000 aggregate line matters

For this rule, relatives include a spouse, brother or sister, siblings of a spouse or parent, lineal ascendants or descendants of you or your spouse, and the spouse of any of those persons. Keep the relationship evidence with the transfer.

FEMA in three sentences

A rupee payment from an NRI's NRE or NRO account can be made as a local payment through the banking system, subject to the account rules and the bank's checks. Keep it bank-to-bank, with a narration that says gift, maintenance or loan.

The Liberalised Remittance Scheme is the resident individual's outward-remittance facility, not the NRI sender's route. A resident receiver has no separate FEMA return to file merely because a permitted rupee gift arrived, but income-tax reporting still follows the actual tax character of the money.

A spouse or minor child needs one more check

A tax-free receipt is not always a tax-free investment story. If money is transferred to a spouse or minor child and then earns interest, rent or gains, the income can be clubbed with the transferor under Section 64 of the 1961 Act.

Keep the transfer document and investment trail so the later income can be analysed correctly. This is different from taxing the original relative's gift in the recipient's hands.

The paper trail that answers a notice

Use a short gift deed or signed letter: donor and recipient names, relationship, amount, date, purpose and that repayment is not expected. The bank narration should match it, for example, "gift from son for house repair".

Save the donor's identity and overseas address, remittance or account debit proof, your credit advice and any AIS entry. If a query arrives, answer it with the same story and documents used at the time of transfer, not a new explanation months later.

A worked example: Lakshmi in Chennai

Lakshmi in Chennai receives Rs 15 lakh from her son in Singapore for repairs to her house. Her son is a lineal descendant, so the genuine gift is not taxable in her hands merely because it is Rs 15 lakh.

Before the transfer, they sign a letter naming the relationship, amount and house-repair purpose. The bank narration says "gift from son for house repair", and Lakshmi retains the credit advice, his identity proof and invoices. The Rs 15 lakh is a gift, not repair income or a loan, because the papers and conduct say no repayment is expected.

If it was really a loan

Call it a loan only if repayment is intended. Record the principal, date, interest if any, repayment dates and bank account details in a signed loan agreement.

Do not call a transfer a gift after requesting repayments, and do not call it a loan while treating it as family support. The documents, bank narration and later payments should all tell the same story. Get advice before using an NRI loan for a regulated investment or property transaction.

What's involved

What the CA actually does

  1. 1

    Classify the transfer before it arrives

    We distinguish a gift, maintenance payment and loan from the facts and intended repayment.

  2. 2

    Prepare the family-transfer record

    We set out the donor, relationship, amount, purpose, account trail and whether repayment is expected.

  3. 3

    Review clubbing before the money is invested

    We identify whether income from an investment in a spouse's or minor child's name needs separate treatment.

  4. 4

    Reconcile the transfer to the tax record

    We match the bank credit, AIS information and return disclosure to the documents kept for the transfer.

What to have ready

Documents you'll typically need

  • Signed gift letter or gift deed, or a loan agreement
  • Bank debit and credit proofs with matching narration
  • Donor identity, overseas address and proof of relationship
  • Purpose records, such as repair invoices
  • AIS and return records for the year

References on this page

  • Section 56(2)(x), Income-tax Act, 1961: receipts without consideration and definition of relative, Income Tax Department
  • Section 64, Income-tax Act, 1961: clubbing of spouse's or minor child's income, Income Tax Department
  • Income-tax Act, 2025 as amended by Finance Act 2026, Income Tax Department
  • RBI Master Direction on Deposits and FEMA (Deposit) Regulations, 2016: local debits from NRE/NRO accounts
  • RBI Liberalised Remittance Scheme directions: resident individual outward remittances

Frequently asked questions

Common questions

A genuine gift from a specified relative is not taxable as a gift merely because the parent is NRI. Keep evidence of the relationship and the transfer's purpose.

A non-relative's gifts are taxable if their aggregate exceeds Rs 50,000. Do not split one arrangement into labels that do not reflect what happened.

No. The relative exception applies to a genuine gift. The Rs 50,000 aggregate test is relevant to gifts from non-relatives.

A genuine relative's gift is not taxable as a gift. But income later earned from money transferred to a spouse or minor child can raise Section 64 clubbing questions.

Local rupee payments from those accounts are subject to their FEMA account rules and bank checks. Use a bank transfer and retain the account and purpose trail.

A real repayment obligation. Put the amount, repayment dates and terms in writing, then make later repayments through the recorded bank route.

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.

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.

Exemption per minor child whose income is clubbed

Right now: Rs 1,500 per minor child

Where it works differently

A minor's clubbed income is less than Rs 1,500
The exemption is capped at that lower amount, so it can never create a loss.
s.10(32) exempts the lower of Rs 1,500 and the income actually clubbed.
The minor earns from their own skill, manual work or talent, or is disabled under s.80U
That income is NOT clubbed with the parent.
Carve-outs in the proviso to s.64(1A).

Commonly got wrong

  • A minor's income is clubbed with the lower-earning parent. It is clubbed with the parent whose total income is HIGHER, and stays there once clubbed unless the AO directs otherwise.Club the minor's income with the higher-earning parent, then apply the Rs 1,500 exemption per child.

Has family money arrived from abroad?

Send the bank credit, relationship details and your gift letter or loan terms. We will align the record, tax treatment and any return disclosure.

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