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Current Account Transactions — Schedule III (Freely Permitted up to Specified Limit; RBI Approval Above)

# Current Account Transactions — Schedule III: Freely Permitted up to Specified Limit

FEM (Current Account Transactions) Rules, 2000

Schedule III transactions are freely permitted up to a specified limit. Above that limit, prior approval of RBI is required.

## A. Remittance by Individuals

Remittance/Drawal forFreely Permitted Limit
Emigration, Medical treatment & Studies abroad (if required by the country of emigration / medical institute / university)No limit (freely permitted)
Any other CUAT (business tour, gift, donation, etc.) by a person resident but not permanently resident in India (i.e., on deputation / specific job up to 3 years), who is a citizen of:<br>• a foreign state other than Pakistan, OR<br>• India (deputed by a foreign company or its subsidiary/JV)Up to his Net Salary (gross salary minus PF contribution, tax and other deductions)
Any other person (any other CUAT)US$ 2,50,000 per FY — can be consolidated with family members

### Liberalised Remittance Scheme (LRS) — Key Notes

1. If the remitter is a minor, the LRS declaration must be countersigned by the natural guardian to allow the US$ 2,50,000 remittance.

2. The US$ 2,50,000 limit in a FY includes Schedule III remittances such as emigration, medical treatment and studies abroad (so once consumed, they reduce the limit).

## B. Remittance by Persons Other than Individuals

Remittance/Drawal forFreely Permitted Limit
Donations for: (a) creation of chairs in reputed educational institutes; (b) contribution to funds (other than investment funds) promoted by educational institutes; (c) contribution to technical institutions in the donor's field of activityLower of: 1% of forex earnings of previous 3 FYs OR US$ 50,00,000
Commission to agents abroad for sale of residential flats / commercial plots in India (per transaction). Commission is paid in proportion to amount received in India from the PROI.Higher of: 5% of inward remittance OR US$ 25,000
Consultancy service procured from outside India for infrastructure projects (per project)US$ 1,00,00,000 (1 crore USD)
Other consultancy services procured from outside India (per project)US$ 10,00,000 (10 lakh USD)
Reimbursement of pre-incorporation expenses by an entity in IndiaHigher of: 5% of investment brought in OR US$ 1,00,000
Any other CUATUS$ 2,50,000 per FY

## Special Account Rules

### From a Resident Foreign Currency (RFC) Account

No approval is required for transactions in Schedule II and Schedule III.

### From an Exchange Earners Foreign Currency (EEFC) Account

No approval is required for Schedule II and Schedule III, except the following three (which still need approval/are subject to the prescribed limits):

1. Membership of P & I Club.

2. Commission to agents abroad for sale of residential flats/commercial plots in India — in excess of the prescribed limit.

3. Reimbursement of pre-incorporation expenses — in excess of the prescribed limit.

## Other Key Rules

  • Amount remitted under Schedule III (including emigration, medical and studies abroad) in a FY is reduced from the US$ 2,50,000 limit.
  • No restriction on receipt of foreign exchange for any CUAT — the regulation is on drawal/remittance.

Worked example

### Example 1

Example 1 — LRS aggregate: An individual has already remitted US$ 1,00,000 in FY for studies abroad, and now wants to remit a gift of US$ 2,00,000. Answer: The studies remittance already used part of the US$ 2,50,000 LRS limit. He can only freely remit a gift of up to US$ 1,50,000 more; above that, RBI approval is needed.

### Example 2

Example 2 — Consolidation: A family of 4 each holding their own US$ 2,50,000 LRS limit wants to jointly invest US$ 8,00,000 abroad. Answer: The limit can be consolidated; together they can freely remit US$ 10,00,000.

### Example 3

Example 3 — Commission on flat sale: An Indian developer receives US$ 4,00,000 from a PROI for purchasing a flat in India. The agent abroad is to be paid commission. Answer: Higher of 5% of US$ 4,00,000 = US$ 20,000 OR US$ 25,000 = US$ 25,000 is the freely permitted limit per transaction.

### Example 4

Example 4 — Donation: A company had forex earnings of US$ 30 crore, 20 crore, 25 crore over the last 3 FYs (total US$ 75 crore). 1% = US$ 75,00,000. Capped at US$ 50,00,000. Answer: Donation up to US$ 50,00,000 is freely permitted.

### Example 5

Example 5 — Consultancy: Indian Co. hires a foreign consultant for a power-sector (infrastructure) project — fee US$ 80 lakh. Answer: Within US$ 1 crore limit; freely permitted. Had it been a non-infrastructure project, only US$ 10 lakh would be freely permitted.

### Example 6

Example 6 — Minor's LRS: A 15-year-old NRI's natural guardian wants to remit US$ 50,000 abroad on his behalf. Answer: Permitted, provided the LRS declaration form is countersigned by the natural guardian.

### Example 7

Example 7 — EEFC for P & I Club: Company tries to pay P&I Club membership from EEFC account. Answer: Even from EEFC, approval is required for P&I Club membership.

⚠️ Common exam mistakes

  • Treating emigration / medical / studies as separate uncapped limits — they do reduce the US$ 2,50,000 LRS limit during the year.
  • Mixing up the consultancy limits — US$ 1 crore is only for infrastructure; other consultancy is just US$ 10 lakh per project.
  • Forgetting that the commission cap on flat-sale agents abroad is the higher of 5% or US$ 25,000 (not lower).
  • Forgetting the donation cap is the lower of 1% of past 3-year forex earnings or US$ 50,00,000.
  • Assuming EEFC drawals are entirely free of approvals — P&I Club, and the over-the-limit portions of flat-sale commission and pre-incorporation reimbursements, still need approval.
  • Ignoring the LRS minor rule — the natural guardian must countersign the declaration.
  • Restricting receipts of forex — there is no restriction on receipt; only drawal/remittance is restricted.
  • Treating the US$ 2,50,000 limit as per transaction — it is per financial year, with consolidation possible among family members.
Reference: Schedule III — Foreign Exchange Management (Current Account Transactions) Rules, 2000
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