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Microlesson · 5-min read

Schedule III — Remittance Facilities to Persons Other Than Individuals

# Schedule III (Part 2) — Remittance Facilities to Persons OTHER THAN Individuals

Where the remitter is a company, firm or other non-individual entity, the rules carve out separate purpose-wise limits. The same 'within limits = no approval; above limits = prior RBI approval' principle applies.

## 1. Gifts / Donations

Persons other than individuals may remit by way of donation. Permitted donees:

1. Creation of Chairs in reputed educational institutes;

2. Funds (not being an investment fund) promoted by educational institutes; and

3. Technical institution / body / association in the field of activity of the donor company.

Limit (lower of the two):

> 1% of foreign exchange earnings during the previous 3 financial years OR USD 50,00,000whichever is LESS.

Remittance in excess of this limit requires prior RBI approval.

## 2. Commission to Agents Abroad — Sale of Indian Property

Persons other than individuals may remit commission to agents abroad for the sale of residential flats or commercial plots in India.

Limit (higher of the two):

> USD 25,000 OR 5% of the inward remittancewhichever is MORE.

  • Within limits → No RBI approval.
  • Above limits → Prior RBI approval required.

## 3. Consultancy Services Procured from Outside India

Type of ConsultancyLimit per Project
Consultancy for Infrastructure projectsUSD 1,00,00,000 (USD 10 million) per project
Other consultancy servicesUSD 10,00,000 (USD 1 million) per project

Within the limit → No RBI approval. Above the limit → Prior RBI approval required.

## 4. Reimbursement of Pre-Incorporation Expenses

Remittances by non-individuals for reimbursement of pre-incorporation expenses of an entity in India are allowed.

Approval trigger: If remittance exceeds 5% of investment brought into India OR USD 1,00,000whichever is HIGHER — prior RBI approval is required.

## Quick-Recall Table

PurposeLimit FormulaPick
Gift/Donation1% of last 3 FYs' FX earnings vs USD 50,00,000Lower
Commission on sale of Indian propertyUSD 25,000 vs 5% of inward remittanceHigher
Consultancy — InfrastructureUSD 10 million per project(fixed)
Consultancy — OthersUSD 1 million per project(fixed)
Pre-incorporation expense reimbursement5% of investment vs USD 1,00,000Higher

Worked example

### Example 1

Example — Donation cap:

ABC Ltd's foreign exchange earnings in the last three financial years total USD 200 million.

  • 1% of that = USD 20,00,000.
  • Alternative cap = USD 50,00,000.
  • Lower = USD 20,00,000 — the maximum that can be donated to a foreign chair/educational fund/technical body in donor's field without RBI approval.

### Example 2

Example — Commission on property sale:

XYZ Realty receives an inward remittance of USD 10,00,000 from a foreign buyer for a flat in India and wishes to pay commission to its foreign agent.

  • 5% of inward remittance = USD 50,000.
  • USD 25,000 (fixed alternative).
  • Higher = USD 50,000 — payable without RBI approval. Anything above USD 50,000 needs prior RBI approval.

### Example 3

Example — Infrastructure consultancy:

A power-project SPV engages a foreign consultant for USD 80,00,000.

  • Project is infrastructure; limit is USD 10 million per project.
  • USD 8 million < USD 10 million → no RBI approval required.

### Example 4

Example — Pre-incorporation reimbursement:

Foreign parent brings in USD 5,00,000 as investment into its new Indian subsidiary; it wants to be reimbursed USD 75,000 for pre-incorporation expenses.

  • 5% of investment = USD 25,000. USD 1,00,000 (fixed alternative).
  • Higher = USD 1,00,000.
  • USD 75,000 < USD 1,00,000 → no RBI approval required.

⚠️ Common exam mistakes

  • Reversing 'lower of' vs 'higher of'. Donations = LOWER (conservative). Commission on property and Pre-incorporation = HIGHER (liberal). Get the direction of comparison right.
  • Donating to organisations outside the donor company's field of activity under head (3). The technical institute/body/association must be in the field of activity of the donor.
  • Funding an investment fund promoted by an educational institute. The rule expressly excludes investment funds.
  • Computing the donation cap on a single year's FX earnings. It uses the previous 3 financial years' total.
  • Mixing the two consultancy limits — USD 10 million is infrastructure, USD 1 million is others. Both are per project, not per financial year.
  • Treating pre-incorporation reimbursements as flatly capped at USD 1,00,000. The threshold is the higher of USD 1,00,000 or 5% of investment brought in.
Reference: Schedule III — Part on Persons Other Than Individuals — Foreign Exchange Management (Current Account Transactions) Rules, 2000
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