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Microlesson · 5-min read

Capital Account vs Current Account Transactions

# Capital Account and Current Account Transactions under FEMA

FEMA classifies all forex transactions into two buckets — capital account and current account. The classification decides the level of regulation.

## Capital Account Transaction — Section 2(e)

A transaction which alters:

  • The assets or liabilities (including contingent liabilities) of persons resident in India outside India, OR
  • The assets or liabilities in India of persons resident outside India,

— and includes transactions referred to in Section 6(3).

### Test (the 'alteration' test)

Ask: Does this transaction change the balance sheet position of a resident (outside India) or of a non-resident (in India)? If yes, it is a capital account transaction.

Typical examples:

  • A resident purchasing shares of a foreign company.
  • A non-resident buying immovable property in India.
  • Borrowing/lending across borders.
  • Issue of securities to non-residents.

## Current Account Transaction — Section 2(j)

Means any transaction other than a capital account transaction and, without prejudice to the generality, includes:

(i) Payments due in connection with foreign trade, other current business, services, and short-term banking and credit facilities in the ordinary course of business.

(ii) Payments due as interest on loans and as net income from investments.

(iii) Remittances for living expenses of parents, spouse and children residing abroad.

(iv) Expenses in connection with foreign travel, education and medical care of parents, spouse and children.

### Test

A current account transaction is essentially the opposite/residual of capital account — it does not alter the balance sheet but reflects income, expenses and current obligations.

## Why the distinction matters — regulatory consequence

TypeDefault position under FEMA
Current accountFreely permissible subject to reasonable restrictions the Central Government may impose.
Capital accountRegulated by the RBI and Central Government; permitted only as specified.

## Quick classification table

TransactionCapital or Current?
Indian resident buying a flat in DubaiCapital
Indian student paying tuition fees abroadCurrent
Indian company paying interest on a foreign loanCurrent
Indian company taking a fresh foreign loanCapital
Remittance to son studying in USACurrent
NRI purchasing shares of an Indian companyCapital

## Memory tip

  • Capital → changes the 'asset–liability' position (balance sheet impact).
  • Current → reflects 'day-to-day income/expense' (P&L impact).

Worked example

### Example 1

Example 1: Mr A, resident in India, remits USD 5,000 to his daughter studying in the UK to cover her hostel rent. Capital or current?

Answer: Current account transaction — falls under Section 2(j)(iv) [expenses in connection with foreign education of children]. Freely permissible subject to reasonable restrictions.

### Example 2

Example 2: XYZ Ltd. (Indian company) acquires 30% equity in a US start-up. Capital or current?

Answer: Capital account transaction — the transaction creates an asset (the foreign equity investment) outside India for an Indian resident. Falls under Section 2(e); regulated by RBI under Section 6.

### Example 3

Example 3: XYZ Ltd. pays interest of USD 50,000 on a borrowing from a foreign bank. Capital or current?

Answer: Current account transaction — Section 2(j)(ii) covers payments due as interest on loans. (The borrowing itself was capital; the interest is current.)

⚠️ Common exam mistakes

  • Confusing the loan and the interest — a foreign loan is capital, but the interest on it is current.
  • Treating all foreign remittances as capital — remittances for education, medical care or living expenses are current.
  • Forgetting the 'alteration of asset/liability' test for capital — this is the defining feature.
  • Stating that current account transactions are 'unregulated' — they are freely permissible but subject to reasonable restrictions by the Central Government.
Bare-Act text Section 2(e) and Section 2(j) · Foreign Exchange Management Act, 1999 · click to expand
Section 2(e), FEMA — 'capital account transaction' means a transaction which alters the assets or liabilities, including contingent liabilities, outside India of persons resident in India or assets or liabilities in India of persons resident outside India, and includes transactions referred to in sub-section (3) of section 6. Section 2(j), FEMA — 'current account transaction' means a transaction other than a capital account transaction and without prejudice to the generality of the foregoing such transaction includes — (i) payments due in connection with foreign trade, other current business, services, and short-term banking and credit facilities in the ordinary course of business; (ii) payments due as interest on loans and as net income from investments; (iii) remittances for living expenses of parents, spouse and children residing abroad; and (iv) expenses in connection with foreign travel, education and medical care of parents, spouse and children.
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