Can I bring back the money to US from India which I’ve sent over the years?

Question

I’ve sent a total of about 50 lacs over the last 10 years to my account jointly held with my father. The money was sent at various times throughout the last 10 years and it was sent to a regular savings account (not a NRI account). Question is can I bring that money back now that my father has passed away? What would be the procedure? Thank you

Answer 1

As an NonResident Indian (NRI), you are in violation of Indian law by maintaining a regular savings account in India, whether jointly with a resident Indian (your father) or as an individual. If you had created an NRO account (which can be held jointly held by an NRI and an Indian citizen) or transitioned an existing regular savings account held jointly with your father into an NRO account held jointly with your father when you became an NRI, your task would have been a lot easier. At a minimum, what you need to do is change the existing account from one held jointly with your new-deceased father into an account held in your name alone. You will need to give the bank a copy of your PAN Card (essentially equivalent to a Social Security Number for US readers) and the bank may well demand a fresh KYC (Know Your Customer) Form and a copy of your Aadhar Card as well if you continue to claim residence in India. Failing that, the bank will likely demand that the account be transitioned into an NRO account.

If any of the above works, then you can submit a certificate (Form 15A?) from a Chartered Accountant to the effect that all relevant Indian taxes have been paid on the money in the account to your bank, and transfer the money to the US (using Form 15B? for that purpose). Inheritances are not taxed as income in the US (it is different in India).