CBDT Notification: NRI Investment in Financial Products via IFSC Intermediary Qualifies for Sec. 10(4G) Exemption
The recent notification, S.O. 66(E), issued by the Central Government under sub-clause (ii) of clause (4G) of section 10 of the Income-tax Act, 1961, marks a significant development in facilitating non-resident Indian (NRI) investments in financial products. This notification highlights the activity of investment in a financial product by an NRI, in accordance with a contract with a capital market intermediary, which is a Unit of an International Financial Services Centre (IFSC).
Key Provisions of the Notification:
- NRI Investment: The notification allows NRIs to invest in financial products through contracts with capital market intermediaries operating within IFSCs.
- Income Receipt: The income generated from such investments must be received in the account of the non-resident maintained with the Offshore Banking Unit of the IFSC.
Explanation:
- Capital Market Intermediary: The term “capital market intermediary” refers to entities defined under clause (ga) of sub-regulation (1) of regulation 2 of the International Financial Services Centres Authority (Capital Market Intermediaries) Regulations, 2021.
- Financial Product: This pertains to products defined under sub-clause (d) of sub-section (1) of section 3 of the International Financial Services Centres Authority Act, 2019.
- International Financial Services Centre: The term carries the same definition as assigned in clause (q) of section 2 of the Special Economic Zones Act, 2005.
- Unit: It is defined under clause (zc) of section 2 of the Special Economic Zones Act, 2005.
Implications:
- Enhanced Investment Opportunities: NRIs now have expanded avenues to invest in financial products, leveraging the services provided by IFSC intermediaries.
- Boost to IFSCs: The notification is expected to boost the growth and development of IFSCs, positioning them as preferred destinations for international financial transactions.
Conclusion:
S.O. 66(E) represents a progressive step towards fostering NRI investment in India’s financial markets. By providing clarity and enabling mechanisms for investment, the notification underscores the government’s commitment to facilitating a conducive environment for foreign investments. It also underscores the significance of IFSCs in driving India’s position as a global financial hub.
As NRIs explore investment opportunities through IFSC intermediaries, it becomes imperative for them to understand the regulatory framework and implications associated with such investments. This notification opens new avenues for NRIs to participate in India’s economic growth story while adhering to regulatory norms and contributing to the development of the financial ecosystem.
In essence, S.O. 66(E) paves the way for a more inclusive and dynamic investment landscape, benefiting both NRIs and the Indian economy as a whole.
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