• Overseas investments , Tax savings

Dear Experts, 
I have queries on multiple topics,

1) Can RSU sale proceeds be used for buying foreign shares within 180 days without repatriating the funds back home?The RBI master circular on OPI does not specifically mention the term RSU .It vaguely mentions Employee benefits. Some online posts including a CA tells that RSUs fall under the employee benefits and hence covered .Can you please clarify ? Because no money is being transferred from Indian shores to overseas, will there be any issues under LRS/FEMA ? There is no money trail from Indian bank to foreign broker as the proceeds are already lying in the foreign account.

2) Is this applicable for dividend reinvestments also ? Or dividends received from holding RSU need to be repatriated back to India ?

3)Are there any reporting requirements other than Schedule FA ? Will there be any FEMA violation ?

4) My son's School has approached parents with "Interest Free Long term Deposit" scheme in which the parent deposits money with School. In return, the school will reduce the fee payable proportionate to the amount deposited. The discount amount will range from (6.5% - 9%) for every 1 lakh. The School says this ,

"This amount should stand as an outstanding receivable, treated as you would a security deposit. The school would also be classifying the funds received as a liability that has to be returned in the future."

5) How do I declare this deposit (loan to school) in ITR ? But when this amount is returned eventually by the school , how do i prove this is my tax paid money and not additional income ? 

6) Since no interest / money is transferred by the School to my account , it should not be treated as income to me ? Is this understanding valid ?Will the fee discount be treated as "notional income" and do I need to pay tax ? Are these Schemes legal from IT view? 

7) Can I gift large sum of money (in Crores) to my parents so that we can reduce tax outgo as a family as they are in the lower tax slab and i am in the highest? Incase, my parents deposit this money in FD , how can i enjoy the interest without tax implications ? I understand that clubbing provisions are not applicable for income generated from money gifted to parents as long as parents declare and pay income tax . Can i enjoy this FD interest every year? Can I create a joint account and use this money to pay off my bills ? Will there be any ire /scrutiny from tax man ? 

8) Can parents gift the interest money back to my account every year ?

9) Both my parents are tax payers. Any reporting requirements for both my parents and me ? Can you guide me to do this legally ?

10) After my parents, how do i get the initial gift money that i gave them transferred back to me ?

Questions 7-10 are mainly inspired by recent ITAT ruling that tax planning is not tax evasion.
Asked 2 days ago in Income Tax

  1. RSU sale → foreign shares? Yes, reinvest directly from US account in 180 days (employee benefit scheme = OPI). 

  2. Dividends? Yes, same—reinvest in 180 days or bring back.

  3. Reporting/FEMA violation? ITR Schedule FA only. .

  4. School deposit? Refundable loan/advance. School shows as liability.

  5. ITR declaration? Schedule AL (loans given). 

  6. Tax on discount? No—notional income. 

  7. Gift crores to parents? Yes, tax-free. FD interest taxed in their slab (no clubbing).

  8. Parents gift interest back? No 

  9. Reporting? Parents: ITR interest.

  10. Get principal back? Parents gift it back later—tax-free.

Key: Document all (gifts, agreements).

 

For detailed discussion or advice opt for a phone consultation anytime.

Happy to help further! 😊

 

Shubham Goyal
CA, Delhi
554 Answers
21 Consultations

1) RSU are part of employee benefits scheme. It would be subject to overall ceiling under the LRS

2) Applicable to dividend income also

3) No

5) In Schedule AL under the head "Loans and Deposits". Obtain receipt of security deposit from the school. Retain bank statement from which security deposit amount will be transferred

6) It is not a discount. It is an interest income setoff with the fee payable. Ideally lumpsum payment of fees attracts cash discount

7,8,9&10) Give loan to parents for investment in FD. You can also consider for creation of HUF

 

 

For detailed discussion you may opt for phone consultation

Vivek Kumar Arora
CA, Delhi
5079 Answers
1206 Consultations

Ask a Chartered Accountant

Get tax answers from top-rated CAs in 1 hour. It's quick, easy, and anonymous!
  Ask a CA