• Consequence on owned property and tax after losing Indian nationality

Dear Sir

I am holding an Indian passport and working in Japan from last 15 years. 
Now I am seriously considering to adopt Japanese passport (change nationality) but I hold my hold two flats in India on my name, and i also holding some mutual funds and NRE account/FD. currently I do not have source of income in India but in future i might get some rental income in India.

 I would like to understand what are the negative factors of of holding Japanese Passport and Indian PIO card. I understand that I can not do followings after loosing Indian passport

1- Apply Indian government jobs.
2- Vote in Election.
3- Buy agricultural land (5 years back only I purchased 200 Square yard of Agricultural land)
 I am already paying taxes in Japan and filling my income-tax in India.

I want to understand what other factors can influence me, because I might need to work in India or I will will settle down in India after my retirement.
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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12 Answers

1) you can continue to hold your residential flats in india 

 

2)  Foreign nationals can invest in Indian mutual funds as Qualified Foreign Investors (QFIs)

 

3) you cannot  purchase any agricultural land in India  after being foreign citizen 

 

4) you can obtain OCI card 

 

5) Following benefits will be allowed to an OCI:
(i) Multiple entry, multi-purpose life long visa to visit India;
(ii) Exemption from reporting to Police authorities for any length of
stay in India; and
(iii) Parity with NRIs in financial, economic and educational fields
except in the acquisition of agricultural or plantation properties.
(iv) Registered Overseas Citizen of India shall be treated at par with NonResident-Indian in the matter of inter-country adoption of Indian children.
(v) Registered Overseas Citizens of India shall be treated at par with resident
Indian nationals in the matter of tariffs in air fares in domestic sectors in
India.
(vi) Registered Overseas Citizens of India shall be charged the same entry fee as
domestic Indian visitors to visit national parks and wildlife sanctuaries in
India
(vii) Parity with Non-Resident Indian in respect of entry fees to be charged for
visiting the national monuments, historical sites and museums in India;
Pursuing the following professions in India, in pursuance of the provisions
contained in the relevant Acts, namely:-
(a) doctors, dentists, nurses and pharmacists;
(b) advocates;
(c) architects;
(d) chartered accountants;
(viii) Parity with Non-Resident Indian to appear for the All India Pre-medical Test
or such other tests to make them eligible for admission in pursuance of the
provisions contained in the relevant Acts

Ajay Sethi
Advocate, Mumbai
94760 Answers
7541 Consultations

5.0 on 5.0

NO complications except you cannot hold agriculture land, which even now you cant. 200 sq yards, dose not count as agriculture land, it`s a plot.

PIO facility has been withdrawn and merged with OCI with life long validity. NO VISA required, enjoy same facilities of resident except,1, 2, 3.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22644 Answers
31 Consultations

4.4 on 5.0

In case after retirement you want to settle in India then in that case you should not take citizenship there you should continue there on visa only when your work there is complete you can return back.

Alternatively you can take citizenship there and can apply for OCI that shall give you benifit such as multiple entery in India long stay , no reporting.

Further you can also invest in India and purchase property other then agriculture land.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

For NRI's there is only restrictions for to purchase agricultural land and not Commercial Shops, Apartments Building you are free to purchase as per your capacity and now days its open 100% for FDI investments.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. even though you are living in Japan for last 15 years, you have been filing your IT returns in India

2. that is more than sufficient. The government is only interested in its revenue and taxes from the citizen, whether he is in India or in any foreign country

3. if you want to continue to have the benefits of applying for indian jobs, vote in election and buy agricultural land [subject to FEMA regulations], you can very well apply for 'Overseas Citizen of India' or OCI

4. You obtaining a Japanese passport will not adversely affect your properties in India or the returns you get from your MF investments, so long as the applicable taxes are paid on them

5. when in future while you are still in a foreign country and you decide to sell your Indian assets, then the sale proceeds will be subjected to TDS or tax deduction at source at full rate of 20%. Ofcourse you can claim refund in case the tax deducted is in excess of your tax liability

6. the position of your agricultural land which you already bought will not change even if you acquire a Japanese passport since the land was purchased when you were holding an Indian passport 

7. you just need to continue to pay your taxes on your MF investments in respect of any dividends or capital gains on sale and also on the notional rent of the flats you have in India so long as you have not sold them and on their sale you would have to pay capital gains tax in India

8. you can mull over to open a NRO account in India for ordinary transactions in addition to your NRE account [the latter i guess enables you to remit funds to a foreign account]

Yusuf Rampurawala
Advocate, Mumbai
7516 Answers
79 Consultations

5.0 on 5.0

Even after the considering to get the Japanese passport your properties in India will remain with you and you will have all the right to dispose the property as per your wish changing nationality does not mean that you are changing all your financial obligations in India so in case you have any liability or asset in India that will be in that and you can enjoy with facility available to Indian origin people living abroad you can dispose the property and pay the taxes accordingly as per the income tax provisions the capital gain tax entirely will be deducted by the buyer on your behalf and will be paid in income tax department accordingly.

So far as sale consideration is concerned you can repatriate all the amount as the taxes are paid on that proceeds to your Japanese bank account after converting the amount into the Japanese any other currency

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Other than the things you mentioned there is nothing else. But if you will come back to india then why settle in Japan. But its ok as you can get the indian citizenship anytime.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

you need to surrender your Indian passport immediately after you acquire foreign nationality.. 

Persons with a PIO were not: eligible to vote. 

PIOs do not enjoy employment rights in Government of India services nor can they hold any constitutional office in the Government of India. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No apart from aforesaid things no other things if affect you on the same

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

It will not have much effect on other factors like property and mutual funds which you have in India will not get affected by this change. 

You can also purchase residential property in India after change of citizenship.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Whether you remain as Indian citizen or want to change the citizenship to Japanese, it is purely your own decision.

Your immovable properties will remain on your name itself, you dont have to be worried about it.

You may not be able to buy agricultural landed property after you become a citizen of Japan.

 

 

T Kalaiselvan
Advocate, Vellore
84961 Answers
2199 Consultations

5.0 on 5.0

 You can not take away your earnings/sale proceeds etc. from India to Japan without the  leave of the RBI.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

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