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Offshore Banking Unit
 
 
Taxation
The taxation implications as per the prevailing tax laws are enclosed for your ready reference:
1) Taxation (Non-Residents (NRs)
No TDS will be applicable on interest paid/ payable to NRIs depositors in accordance with and subject to the prevailing provisions of section 10(15)(iv)(fa) of the Income-tax Act, 1961.

2) Taxation (Other than NRs)

1. What is the standard TDS rate for interest on FCIDs?

Product Features
1. Penalty on premature withdrawal.
2. How is interest calculated in case of premature withdrawals?
3. Is partial withdrawal of deposits allowed?
4. If the customer becomes a resident after some time, can he still maintain his deposits in the OBU?
5. Can the customer view his accounts using Internet Banking ID?
6. Is interest compounded quarterly or annually?
7. Can Indian residents invest in FCIDs?
8. Can OCBs invest in FCIDs?
9. Can Foreign Residents invest in FCIDs?

10. Are we offering this period for any period between 1 year to 2 years, 2 years to 3 years, etc.
11. Does the OBU accept remittance/draft in currency other than the currency of the deposit?

Process
1. What happens if the customer does not give the fax indemnity?
2. Do we charge for sending funds from DBU to OBU and vice-versa?




 
  Taxation

 
What is the standard TDS rate for interest on FCIDs?
As per the provisions of section 10(15)(iv)(fa) of the Income-tax Act, 1961 any interest on deposits in foreign currency paid to non resident or resident but not ordinarily resident in India is exempt from tax. Hence, no TDS is applicable provided the declaration in the specified format is given by the client confirming the non resident status.

In the absence of above declaration, the standard TDS rate is 20% plus applicable surcharge and education cess @ 2% for interest on all deposits placed in foreign currency. The rate of surcharge varies as per the type of the depositor eg. 2.5% in case of offshore companies, 10% in case of funds / trusts etc.

 
   
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  Product Features

 

Penalty on premature withdrawal
Presently, the penalty of premature withdrawal is as follows:

Applicable rate (for the period deposit is held, in case period is fractional then of previous slab) less 75 bps for all tenors and amount. The premature penalty rate would be as applicable at the time of opening the deposit, and not at the time of withdrawal.
 
   
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How is interest calculated in case of premature withdrawals?
We will see this with an example. Suppose the client invests USD 2 million for tenure of 2 Years On expiry of 4 months he withdraws entire amount, the rate of interest payable to him would be as follows:

Rate of interest for the previous slab (in this case previous slab is 3 months) minus applicable penalty.
 
   
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Is partial withdrawal of deposits allowed?
Partial withdrawal is allowed from these accounts, subject to a minimum partial amount of $ 1000/-

The interest treatment in this case is based on the residual method. We will understand this with the following example:

In above example, if a customer withdraws USD 1.95 million, then interest on remaining balance of USD 50,000/- would be on the lower slab.
 
   
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If the customer becomes a resident after some time, can he still maintain his deposits in the OBU?
He can maintain the deposit till maturity.
 
   
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Can the customer view his accounts using Internet Banking ID?
No. As of now, the FCIDs are not linked to Internet Banking.
 
   
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Is interest compounded quarterly or annually?
Interest is compounded annually for deposits with tenure greater than 1 year, and on simple interest rate bases for deposits with tenure less than 1 year.
 
   
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Can Indian residents invest in FCIDs?
No.

 
   
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Can OCBs invest in FCIDs?
No.
 
   
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Can Foreign residents invest in FCIDs?
Yes.
 
   
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Are we offering this period for any period between 1 year to 2 years, 2 years to 3 years, etc.
No, the product is only offered for 3, 6, 9 months, 1, 2, 3, 4, 5 and 6 years with no tenures in between.
 
   
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Does the OBU accept remittance/draft in currency other than the currency of the deposit?
OBU -SEEPZ does not accept any remittances/drafts/cheque other than the currency of deposit for deposits of value less than USD 50,000 or equivalent foreign currency.
 
   
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  Process

 
What happens if the customer does not give the fax indemnity?
The customer can choose not to sign the indemnity letter together with the account opening form. In this case, all transactions would be processed only on receipt of the original documents. This could mean a delay of some days and hence a loss in interest rate to the client in case rates fall.
 
   
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Do we charge for sending funds from DBU to OBU and vice-versa?
Currently, there is no charge for transferring funds from the DBU to the OBU and vice-versa.
 
   
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