I have funds earned through employment in the USA while I was a resident in the USA and saved in US accounts.
1) Now after moving to India (current Indian resident) can the same funds be transfered to not a relative but a US friends US bank account from my US overseas bank account as a gift or loan?
2) Will either the 250k LRS annual limit or the External Commercial Borrowing (ECB) rules apply to such transfered funds?
3) Is there z need of obtaining prior approval from the RBI for such transfer?
4) Can the funds be greater than 250k in 1 year?
-Thanks
Remitting US salary savings from overseas account to non-relative US citizen as gift or loan under FEMA-LRS/RBI limits apply Transfer of overseas employment income retained in a US bank account by a person who has become an Indian resident is queried for permissibility under FEMA when remitted from the resident's overseas account to a non-relative US citizen's US bank account as either a gift or a loan, and whether such remittance is treated as a capital or current account transaction with any restrictions on lending/gifting to non-residents. Applicability of the Liberalised Remittance Scheme annual limit and whether the transaction could be characterised as an external commercial borrowing or otherwise regulated borrowing/lending arrangement is questioned, with the operative consequence being whether the remittance must be routed within prescribed limits, made subject to specific conditions, or requires prior RBI approval, including if remittances above the annual threshold are permissible. (AI Summary)