PPF account opened when one was a resident can be operated after becoming an NRI

Sandeep Shanbhag, AN Shanbhag

Posted: Sunday, Nov 09, 2008 at 0245 hrs IST
Updated: Sunday, Nov 09, 2008 at 0245 hrs IST


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: Is an NRI allowed to continue investing in a PPF account back home in India during the balance period left for the scheme if someone attains a status of NRI during the PPF scheme period? 2) Is an NRI allowed to extend the PPF account for further period of 5 years after the lapse of the current operation period and keep investing? 3) What are the implications for a PPF account opened for a minor, when a minor attains the age of 18 years during operation of the scheme? 4) If investment by NRIs is allowed, what can be the sources of funding which can be utilised to pay the required subscription and by what mode? How can NRIs operate the PPF account from abroad?

—Kumar

1.Yes. A PPF account opened when the individual was a resident can be operated after becoming a NRI till maturity.

2.However, at the maturity of the PPF, if the individual continues to be an NRI, the account has to be closed. The post-maturity extension facility is not available to such an account.

3.The ex-minor can take over the operations of the PPF account by registering his signature at the accounts office. The guardian will have to attest the signature of the ex-minor.

4.The deduction u/s 80C can be claimed either by the child or his guardian from whose account the contribution is made. The PPF maturity proceeds belong to the minor (or the minor holder who has turned major). The guardian has no right to the same.

5.The contribution to the account can be from any source, including the NRI's NRE account. The PPF proceeds are non-repatriable.

Recently, I have sold some commercial property and earned long-term capital gains. I intended to invest the sale proceeds into a residential property thereby saving on the capital gains tax. However, recently a CA friend informed me that one of the conditions of claiming exemption is that I should not own another property at the same time. I jointly own the house that I stay in with my wife. Will this factor prevent me from availing of tax deduction?

—P M Satta

In the case of ITO vs Rasiklal N Satra (280ITR243 dt 19.9.05), the assessee sold shares (this was when long-term capital gains earned on shares were taxable) and claimed exemption under Sec 54F by investing the same in the purchase of a residential flat at Vashi, Navi Mumbai. The assessing officer (AO)...

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