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Microlesson · 5-min read

Capital Account Transactions — Schedule I (Permissible CAATs for PRII)

# Capital Account Transactions — Schedule I: Permissible CAATs for a PRII

FEM (Permissible Capital Account Transactions) Regulations, 2000 — Section 6 of FEMA

All CAATs are prohibited unless expressly permitted. Schedule I lists the CAATs permitted to a Person Resident in India (PRII).

## Table — Permitted CAATs and Their Limits

Permissible Transaction for PRIILimit
Hold/own/transfer/invest in foreign currency, foreign security or IPOI acquired when the person was a PROI or inherited from a PROI (including income earned and sale proceeds)No limit/restriction — freely usable for any payment/investment outside India without RBI approval
Payment for amortization of loan (loan instalment repayment)Foreign exchange can be drawn without limit/restriction
Payment due to depreciation of direct investment in ordinary course of businessForex drawable without limit
Maintenance of foreign currency accountCan be opened/maintained by PRII when he was PROI
Sale or transfer of investments outside IndiaSubject to specific regulations
Foreign currency loans raised from outside IndiaSubject to specific regulations
Guarantee in favour of a PROISubject to specific regulations
Investment in foreign securityForex can be drawn up to US$ 2,50,000 per FY (or higher limit prescribed in specific regulations). Combined with family only if co-owner/partner. Same US$ 2,50,000 is the combined limit for these CAATs and Schedule III CUATs.
Investment in IPOISame limit as above
Loan given to a PROISame limit as above
Taking insurance policy from an insurance company outside IndiaSame limit as above

## The US$ 2,50,000 Combined Limit — Crucial Point

When reading the four CAATs (investment in foreign security, IPOI, loans to PROI, insurance abroad) along with Schedule III CUATs, all share a combined US$ 2,50,000 LRS bucket per FY.

  • Once consumed by any of these uses, the remaining limit shrinks accordingly.
  • Family consolidation is permitted only if family members are co-owners/partners.

## Restrictions Even for Permitted CAATs

### (i) FATF Non-Cooperative Countries

The permissible CAATs cannot be entered into with countries or territories notified as non-cooperative by the Financial Action Task Force (FATF).

### (ii) DPRK Bar

A PRII shall not undertake any CAAT with a citizen/resident of (or an entity incorporated in) the Democratic People's Republic of Korea (North Korea).

## Memory Hooks

  • "What was yours when you were a PROI stays yours": Assets acquired/inherited while a PROI can be freely held, used and remitted without limit.
  • The Big Four LRS CAATs share the US$ 2,50,000 bucket with Schedule III CUATs: Foreign Security, IPOI, Loan to PROI, Insurance from abroad.
  • Two black-listed counterparties: FATF non-cooperative jurisdictions and DPRK.

Worked example

### Example 1

Example 1 — Pre-PRII assets: A returned to India and became PRII in 2020. While he was a PROI in the UK, he had purchased a flat in London and a portfolio of UK shares. He continues to earn rent and dividends. Answer: He can freely hold the flat and shares, freely receive rent/dividends, and freely use them for further investment/expenditure abroad — no RBI approval needed.

### Example 2

Example 2 — LRS combined limit: PRII has already invested US$ 2,00,000 in foreign shares and now wants to buy a property abroad for US$ 1,00,000. Answer: Only US$ 50,000 of the US$ 2,50,000 LRS bucket remains — RBI approval needed for the extra US$ 50,000.

### Example 3

Example 3 — Family consolidation: Spouses each want to consolidate their US$ 2,50,000 LRS bucket to buy a foreign property together. Answer: Permitted only if they are co-owners of the property; otherwise each must stay within his/her own limit.

### Example 4

Example 4 — DPRK bar: PRII wants to lend US$ 50,000 to a relative who is a resident of North Korea. Answer: Prohibited — CAAT with DPRK residents/entities is barred regardless of LRS limit.

### Example 5

Example 5 — Loan amortization: A PRII repays a foreign-currency loan installment to a US lender. Answer: Forex can be drawn without any limit (amortization is a permitted CAAT).

⚠️ Common exam mistakes

  • Treating the four LRS CAATs as having independent US$ 2,50,000 limits — they share one combined limit with Schedule III CUATs.
  • Allowing family consolidation for foreign property investment without the family members being co-owners.
  • Forgetting the FATF non-cooperative country bar and the absolute DPRK bar.
  • Putting limits on the holding/use of assets acquired while the person was a PROI — those are unrestricted.
  • Confusing depreciation-related and amortization remittances with limited CAATs — they are drawable without limit.
  • Allowing a fresh foreign currency account in India to be opened by a PRII as a CAAT — only accounts maintained from when he was PROI are continued.
Reference: Schedule I — Foreign Exchange Management (Permissible Capital Account Transactions) Regulations, 2000
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