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Liberalised Remittance Scheme (LRS) - Sub-limits & Clubbing Rules

# Liberalised Remittance Scheme (LRS) - Sub-Limits & Clubbing

## Overview

The LRS permits resident individuals to remit foreign exchange for permitted current and capital account transactions, subject to an overall annual limit. Within this overall ceiling, specific sub-limits apply to certain remittance purposes.

## Key Sub-Limits Within LRS

#Purpose of RemittanceSub-Limit
1Remittance for consultancy services for Infrastructure / other consultancy projectsUSD 10 million per project (Infra) / USD 1 million per project (others)
2Reimbursement of pre-incorporation expenses5% of investment brought into India or USD 100,000 (whichever is higher)

### Important Notes on Sub-Limits

1. The overall LRS limit of USD 250,000 is irrelevant for persons other than individuals (e.g., company, firm, etc.). Sub-limits stated above apply on their own merits to such persons.

2. If the Current Account Transaction (CAT) is not listed in any of the three Schedules under FEMA (Current Account Transaction) Rules, it is freely permitted.

## Clubbing of LRS Limit

  • Family members can consolidate their individual LRS limits, provided each member complies with the LRS conditions individually.
  • Clubbing is NOT allowed for acquisition of a Capital Asset (e.g., immovable property abroad) unless family members are co-owners of such overseas asset.
  • A minor also has an LRS limit of USD 250,000.
  • However, the LRS Form A2 must be countersigned by the legal guardian.

## Exceptions - No RBI Approval Required

No RBI approval is required for incurring expenses out of certain account types even if they fall under Schedule II / III:

Account TypeSchedule II ItemsSchedule III Items
RFC (Resident Foreign Currency)No approval required (except agent commission or pre-incorporation expenses)No approval required, except for Person of Indian Origin (PIO)
EEFC (Exchange Earners' Foreign Currency)No approval requiredNo approval required, except for PIO
International Credit CardUse abroad freely permittedCan incur Schedule III expenses without approval

Worked example

### Example 1

Example 1 - Clubbing for Overseas Property:

Mr. A, Mrs. A, and their adult son wish to jointly purchase a flat in Dubai worth USD 600,000. Each can use their LRS limit (USD 250,000 × 3 = USD 750,000) for this purchase only because all three will be co-owners of the flat. If only Mr. A is the owner, clubbing is not permitted for the capital asset.

### Example 2

Example 2 - Consultancy Sub-limit:

XYZ Ltd., a resident company, engages an overseas consultant for an infrastructure project. It may remit up to USD 10 million per project without RBI approval. For a non-infrastructure consultancy project, the limit is USD 1 million per project. The USD 250,000 LRS limit does not apply since XYZ Ltd. is not an individual.

### Example 3

Example 3 - Minor's LRS:

Master B (aged 14) wants to remit USD 50,000 to pay for an online course abroad. He has a separate LRS limit of USD 250,000, but Form A2 must be countersigned by his legal guardian.

⚠️ Common exam mistakes

  • Assuming the USD 250,000 LRS limit applies uniformly to companies/firms - it applies only to individuals.
  • Allowing clubbing of family members' LRS for purchase of overseas property where only one member is the owner - clubbing requires co-ownership.
  • Forgetting that the minor's LRS form must be countersigned by the legal guardian.
  • Confusing the consultancy sub-limit: USD 10 million is per project (not per year) and only for infrastructure projects.
Reference: — FEMA - LRS Master Direction
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