• Clarification regarding use of NRO account for DMAT account

I am an NRI, while applying for creating my DMAT account online for Share market trading I gave my NRO account for buying and selling shares and Mutual fund. Since I applied for the DMAT account online I inadvertently did not mention my status as NRI and gave my INDIAN address as permanent and contact address. The DAMT account has been created (ZERODHA and SBI securities) and linked to my NRO account for payment. And I have bought a few shares. 
Is opening a DMAT account USING NRO account a violation of FEMA regulations?
Kindly advise,
Anil Kumar P
Kuwait
Asked 8 months ago in Income Tax

Hello sir,

 

No there is no violation in opening a trading account with zerodha using your NRO account there is no violation. However, it is advisable to check and update your residential status for proper deduction of TDS and later file return to claim such TDS.

 

Hope you find the information helpful, if yes do rate if 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4292 Answers
101 Consultations

To ensure compliance and optimize tax handling for your trading activities in India as an NRI:


  1. Update Status: Inform Zerodha and SBI Securities about your NRI status and overseas address.

  2. Check Account Linkage: Ensure your DEMAT account is correctly linked to your NRO account.

  3. Understand TDS: Know that your investment income might be subject to different TDS rates as an NRI.

  4. File Tax Returns: Update your status to manage TDS correctly and file tax returns in India if necessary to claim any refund.

For detailed, personalized advice, consider a phone consultancy.

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

Thank you.

Shubham Goyal

Shubham Goyal
CA, Delhi
347 Answers
7 Consultations

- Ideally you should use NRE A/c for investment, current income, maturity proceeds and repatriation of funds

- Update NRI status in DEMAT A/c for the purpose of  proper TDS deduction

- File ITR timely

 

For detailed discussion you may opt for phone consultation

 

Vivek Kumar Arora
CA, Delhi
4950 Answers
1105 Consultations

Hello,

Using your NRO (Non-Resident Ordinary) account to open a DMAT (Dematerialized) account for share market trading is not inherently a violation of FEMA (Foreign Exchange Management Act) regulations. However, there are certain regulations and guidelines that you need to be aware of and comply with as an NRI trading in the Indian stock market:

  1. Residential Status Declaration: As an NRI, it's important to correctly declare your residential status while opening financial accounts, including DMAT accounts. Since you inadvertently provided your Indian address as permanent and contact address, it's advisable to update your information to reflect your NRI status.

  2. NRO Account Usage: Using your NRO account for share market trading is generally allowed, as NRIs can invest in Indian securities through their NRO accounts. 

  3. Tax Implications: Be aware of the tax implications of your investments and trading activities in India. Income generated from investments in Indian securities, including capital gains, may be subject to taxation in India. Consult with a tax advisor to understand your tax obligations and ensure compliance with Indian tax laws.

  4. Update Account Information: It's essential to update your account information, including your residential status and contact details, to accurately reflect your NRI status. This helps ensure compliance with regulatory requirements and facilitates smooth communication and transactions with your financial institution.

Overall, while using your NRO account to open a DMAT account for share market trading is permissible, it's crucial to ensure compliance with all relevant regulations and guidelines to avoid any potential violations or legal issues. 

For further discussion you can opt for phone consultation.

Hope you find this answer useful . Please give your valuable feedback.

Thank you 

CA Vaibhav Garg

 

Vaibhav RK
CA, Delhi
35 Answers

  1. Mutual Funds (Equity and Debt): For equity mutual funds, if held for more than a year, long-term capital gains exceeding ₹1 lakh are taxed at 10% without indexation. Short-term capital gains are taxed at 15%. For debt mutual funds, long-term capital gains (if held for more than three years) are taxed at 20% with indexation, and short-term gains are taxed as per your income tax slab.

  2. Sovereign Gold Bonds: The interest from these bonds is taxable as income, but the capital gains at the maturity of the bond are tax-exempt if held until maturity.

  3. Private Sector Bonds: Interest from these bonds is taxable under 'Income from Other Sources'. The tax rate depends on your income slab.

  4. Capital Appreciation from Land Sale: This is taxed as capital gains. If the property was held for more than two years, it's considered long-term and taxed at 20% with indexation benefits. Short-term gains are taxed according to your income tax slab.

  5. House Rental Income: Taxable under 'Income from House Property'. You can deduct property taxes and claim a standard deduction of 30% of the net rent to reduce taxable income.

  6. Agriculture Income: Exempt from income tax under Section 10(1) of the Income Tax Act, provided it meets certain conditions related to agricultural operations.

For detailed, personalized advice, consider a phone consultancy.

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

Thank you.

Shubham Goyal

Shubham Goyal
CA, Delhi
347 Answers
7 Consultations

- Whether gain from land sale is long term gain or short term gain?

- Is there any housing loan against rental house?

- Whether gain from mutual funds (equity and debt) is long term gain or short term gain?

 

For detailed discussion you may opt for phone consultation

 

Vivek Kumar Arora
CA, Delhi
4950 Answers
1105 Consultations

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