EB5 Investors Magazine Volume 7, Issue 2 | Page 31

This circle rate is considered a minimum market rate for calculating income tax, property tax and duties applicable for the transaction. The circle rate, in most cases, is much lower than the actual market value, in some cases even by a factor of 10! This precarious situation gives rise to the scenario where property transactions get registered at a circle rate to optimize on duty and taxes while the actual transaction takes place at market value. While documenting lawful source of funds based on a property transaction, this situation needs to be navigated carefully. TAX DEDUCTION The Income Tax Act also lays down rules for deducting tax of the source for various types of transactions like expenses and property purchase. When funds for an EB-5 investment are derived from a sale of a property, it is impe rative to de mons trate that the payment of purchase consideration was subjected to tax deduction, as per the rules, by the buyer. The buyer in turn is required to deposit tax to be deducted at the source with the Income Tax department to the credit of seller within a stipulated time period of deducting the same. Once the tax is deposited by the buyer to sellers credit, the same gets reflected in the records of the Income Tax department and can be demonstrated in a source of funds documentation by downloading relevant forms and reports from the Income Tax Department portal (i.e. Form 26AS). REMITTANCE To determine the path of funds, one important law to keep in mind is the Foreign Exchange Management Act which is corroborated by regular guidelines by the Reserve Bank of I n dia . U n d e r th e L ib e r alize d Re mi t tanc e S c he me (L R S), any Indian reside n t is p e r mi t te d to remit up to $250,000 per person per financial year (Financial Year in Indian c on tex t is A p ril - March) outside India without prior permission of the Reser ve Bank of India. It is also pertinent to note that even minors have the same remittance limit as adults, hence, they can also remit up to $250,000 per financial year, provided they have a Permanent Account Number. That is a unique registration number issued by the income tax depar tment. However, any remittance in excess of this amount or in contravention of "In order to demonstrate clear title of a male member, a relinquishment deed must be executed by all the female siblings." EB5INVESTORS.COM 31