Foreign owned property in Goa, (Part One)

GoanCanuck

Very true. There are several Europeans who have set up bogus companies to buy property in Goa after being "advised" by " lawyers" that this is the best way to own property. These companies neither do any trading and neither do they employ any locals. These companies basically exist only on paper. These are the type of companies that are being subjected to close scrutiny by the RBI.

GoanCanuck

Agree 100%. Due to this I am very reluctant to recommend any lawyer to members of IM although I personally happen to know many lawyers in Goa.

dzibead

I can't really answer your question directly, cyber, but I note that the 183 day business seems to be tied with taxation status. In the U.S., the 183 day number comes up all the time in determining whether somebody has to pay U.S. taxes in a give year. A person who has Resident Alien status (so-called "Green Card" even though it's pink )who has resided in the U.S. for that period is subject to U.S. taxation.

But it's not just staying for 183 days that in and of itself confers the "Resident Alien" status. You have to obtain that status independently, on some other grounds, through the immigration process.

And that's what I suspect is required in India, too. In other words, I don't think that the mere fact that you have been in India for 183 days (consecutively or not!) is what determines if you qualify for "residency" in the first instance. But if you do qualify for "residency" on some other basis, then residing in India for 183 days (and I suspect that just has to be within one fiscal year - which is something like April to March in India?? -and not necessarily consecutively), then you would have to pay taxes there. I think that's why the 183 day number comes up in the FEMA and RBI regulations - it's all about money!

But legally qualifying for some immigration status that constitutes "residency" simply on the basis of spending 183 days in the country, either consecutively or broken up??? I can't believe that's the case at all. If you check the visa division on the websites for various Indian consulates, there's no visa category or immigration category that's simply based on being in the country for 183 days!

Too bad we don't have an India immigration lawyer here to give us the straight dope on this issue.

And Steve and June? Shut. Up.

goangoangone

My lawyer reckons that the "intention to stay" definition might be something as simple as holding an Indian driving licence. However to get an Indian driving licence I had to show all sorts of documents relating to where I'm staying. Of course, if you are genuine, you will probably own a scooter, a bike or a car which would also demonstrate your long term plans. Long stay tourists are mostly unwilling to buy a car and leave it here for 6 months and unless they've got a Resident's permit, they can't buy in their own name anyway.

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GoanGoan......here

Nick-H

I think there are two separate, though connected, issues that have become confused.

Residency as a qualification to purchase and own property is defined within FEMA. It is not the same thing as residency in immigration terms.

Whilst "residency" under FEMA qualifies for property ownership, which should then qualify for X-visa and resident permit it does not (as far as I know) work the other way around. I have the visa and the permit, but,I understand, still cannot purchase property withour the FEMA-defined qualification.

Nick-H

I'm rather hoping that a wife will suffice!

goangoangone

consecutive = following in unbroken or logical sequence.

capt_mahajan

yes. please.

goangoangone

The 183 days is the official RBI and only definition, to my knowledge. There are also exceptions as well:

However, in following cases a person shall not be person resident in India", even if he is residing in India for more than 182 days in the last financial year:

(i) A person who has gone abroad, for :

• Taking up employment outside India or
• For carrying on any business outside India, or
• For any other purpose, which itself would indicate his intention to stay outside India for an uncertain period.

(ii) Similarly, a person who has come to India for any purpose except :

• Taking up employment in India, or
• Carrying on any business in India, or
• For any other purpose, which itself would indicate his intention to stay in India for an uncertain period.

I took my documents to HCL applied for a 5 year and got a 1 year X. I then went to the FRO in Panjim and got the Residential certificate. Is that what you mean?

capt_mahajan

if lawyers in goa are iffy, maybe what is needed is a good immigration lawyer for eg in mumbai for residency issues (which are in any case pan indian and not unique to goa.)
and a seperate goan/local lawyer for the property title, paperwork etc.

goangoangone

They're not all bent. I think if you're over here a while, (183 days ) keep your ears and eyes open and you'll come up with someone reliable. Obviously no person can be guaranteed but you've got to trust someone in the end if you want to go ahead.

capt_mahajan

the 183 day issue seems to be tied up with income tax. for eg, an INDIAN has to stay out of the country for fresh employment etc etc for this period to qualify for a tax free non-resident status.

if this is true, it need not be consecutive, just within a financial year... 1st april to 31st march.

dzibead

I'm sure Mrs. Nick hopes so, too!

cdrake

not for tax residency. 183 days is like a must have .

Nick-H

Yes; residency as in permit and residency as in FEMA are two separate things.