HomeCirculars › RBI/2011-12/177

FDI sale proceeds can now be credited to NRE/FCNR accounts

Current · Source: Reserve Bank of India · RBI/2011-12/177 · issued 15 Sep 2011 · ~1 min read
Quick answerRBI clarifies that NRIs/PIOs can credit FDI sale proceeds to NRE/FCNR(B) accounts if the original investment was funded via inward remittance or from those accounts, subject to taxes. This extends existing facility under Regulation 11.
The rule, in the simplest words
How it plays out — a real example

A forex & trade-finance officer in Mumbai is helping an NRI customer who sold shares in an Indian company. The officer checks that the customer originally paid for those shares using money sent from abroad. After deducting the capital gains tax, the officer credits the sale proceeds to the customer's NRE account, following the new RBI clarification that makes this process simpler and clearer.

What changed

Earlier, credit of FDI sale proceeds to NRE/FCNR(B) accounts was allowed only under Schedules 3, 4, and 5 of FEMA Notification 20/2000. Now, RBI has clarified that the same facility is also available under Regulation 11 of that notification, following a committee recommendation.

What it means for you

Banks can now process credit of FDI sale proceeds to NRE/FCNR(B) accounts for NRIs/PIOs under Regulation 11, provided the original purchase consideration came from inward remittance or those accounts. This simplifies repatriation and reduces compliance ambiguity for such transactions.

What you must do

Who it affects

Authorised Dealer (AD) banks, Non-resident Indians (NRIs), Persons of Indian Origin (PIOs), Customers dealing with FDI investments in India

❓ Common questions

Can all FDI sale proceeds be credited to NRE/FCNR accounts now?

Only if the original investment was paid through inward remittance or funds from NRE/FCNR(B) accounts, and subject to applicable taxes. This applies to NRIs/PIOs under Regulation 11.

Does this circular change any tax requirements?

No, it only clarifies the credit facility. Applicable taxes must still be deducted as per existing laws.

Which regulation previously allowed this?

Earlier, it was allowed under Schedules 3, 4, and 5 of FEMA Notification 20/2000. Now it is also clarified under Regulation 11.

📜 Read the original circular — full text as issued by RBI
RBI/2011-12/177 A.P. (DIR Series) Circular No.16 September 15, 2011 To All Banks Authorised to Deal in Foreign Exchange Madam / Sir, Credit of sale proceeds of Foreign Direct Investments in India to NRE/FCNR (B) accounts - Clarification Attention of the Authorised Dealer (AD) banks is invited to Regulation 11 of the Notification No. FEMA 20/2000-RB dated May 3, 2000 viz. Foreign Exchange Management (Transfer or issue of Security by a Person Resident outside India) Regulations, 2000, as amended from time to time. 2. The Committee constituted to Review the Facilities for Individuals under the Foreign Exchange Management Act, 1999 in its Report has recommended that sale proceeds of FDI investments may be permitted to be credited to NRE/FCNR accounts as there is no provision under Regulation 11, ibid, for credit of the sale proceeds of FDI investments into NRE/FCNR accounts. 3. Hitherto, in terms of Schedule 3, 4 and 5 of the FEMA Notification No. 20/2000-RB dated May 3, 2000, sale proceeds of Foreign Investments in India were treated as eligible credit to NRE/FCNR (B) accounts, where the purchase consideration was paid by the Non-resident Indians / Persons of Indian Origin out of inward remittance or funds held in their NRE/FCNR (B) accounts and subject to applicable taxes, if any. It is now clarified that the same facility would be available to NRIs/ PIOs under Regulation 11 of the said Notification. 4. AD banks may be accordingly guided and bring the contents of this circular to the notice of their constituents/customers concerned. 5. The directions contained in this circular have been issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and are without prejudice to permissions/approvals, if any, required under any other law. Yours faithfully, (Meena Hemchandra) Chief General Manager In-Charge
Reproduced for reference with acknowledgment — Source: Reserve Bank of India · RBI/2011-12/177 · issued 15 Sep 2011. The plain-English explanation above is BankPulse’s own independent summary.
🧰 Tools — save, print, templates & related
Worked example & action-note template

Example: if you are a Compliance officer at a bank this circular applies to (Authorised Dealer (AD) banks, Non-resident Indians (NRIs), Persons of Indian Origin (PIOs), Customers dealing with FDI investments in India), your first concrete step on “FDI sale proceeds can now be credited to NRE/FCNR accounts” is: “Update internal guidelines to allow credit of FDI sale proceeds to NRE/FCNR(B) accounts under Regulation 11.” (RBI issued this 15 Sep 2011).

  1. Circular: RBI/2011-12/177 -- FDI sale proceeds can now be credited to NRE/FCNR accounts
  2. Issued: 15 Sep 2011
  3. Action required: Update internal guidelines to allow credit of FDI sale proceeds to NRE/FCNR(B) accounts under Regulation 11.
  4. Action required: Verify that the original investment was funded via inward remittance or from NRE/FCNR(B) accounts.
  5. Action required: Ensure applicable taxes are deducted before crediting proceeds.
  6. Action required: Inform customers about this clarification and update your advisory materials.
  7. Owner: ____________ Target date: ____________
  8. Board/committee approval needed? Y / N
  9. Evidence filed in compliance register on: ____________
Built only from this circular’s own published fields — not legal advice; always confirm against the official RBI source.

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Official RBI source: https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=6709&Mode=0 — Plain-English summary by BankPulse (bankpulse.ai), reviewed by our expert reviewer, CA Amit Jain. Independent platform, not affiliated with the Reserve Bank of India; is our own plain-English paraphrase, not RBI’s original wording.
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