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FEMA Explained (Part 3): Sending Money Abroad – LRS, Overseas Investment and ECB

Sending money abroad under FEMA: LRS USD 250,000 limit and TCS, overseas investment 400% net worth, APR, and the 2026 ECB reset, with mistakes to avoid.

A family near Kokapet wants to fund a child’s master’s degree in Canada. A software company in Nanakramguda wants a US subsidiary. A Gachibowli manufacturer wants a dollar loan. Three goals, three different FEMA doors.

The short answer

Money leaving India goes through one of three doors. Resident individuals use the Liberalised Remittance Scheme (LRS): up to USD 250,000 per financial year. Indian entities investing abroad use the Overseas Investment Rules, 2022: financial commitment up to 400% of net worth and portfolio investment up to 50%. Businesses borrowing from abroad use the External Commercial Borrowing (ECB) framework, rewritten in February 2026.
The 5-part FEMA series

  1. Part 1: What FEMA is, who it covers, the rule book
  2. Part 2: Money coming in: FDI, FC-GPR, FC-TRS, FLA
  3. Part 3: Money going out: LRS, ODI, ECB (you are here)
  4. Part 4: Trade and people: exports, imports, NRIs
  5. Part 5: Penalties, compounding, appeals, calendar
Door Who Headline limit Key form / action
LRS Resident individuals, including minors through a guardian USD 250,000 per financial year, all permitted purposes together Form A2 through the AD bank; TCS may apply
Overseas Investment (ODI / OPI) Indian entities and resident individuals (within LRS) Entities: financial commitment up to 400% of net worth; OPI up to 50%; prior RBI approval above USD 1 billion in a year Form FC, UIN, APR by 31 December
ECB Eligible Indian borrowers, now including LLPs Market-based pricing; no all-in-cost ceiling (arm’s length for related parties) Form ECB-1 for LRN; Form ECB-2 within 7 calendar days of month-end after a drawdown or repayment

1. LRS: the family and individual route

The Liberalised Remittance Scheme, introduced in 2004, lets each resident individual remit up to USD 250,000 per financial year (1 April to 31 March) for permitted current and capital account purposes. The limit is per individual, not per household, and it covers the total of all remittances in the year, including debit and forex card spending abroad.

Permitted Not permitted
Overseas education and medical treatment Forex trading abroad
Private visits and travel Margin or margin-call payments to overseas exchanges or counterparties
Gifts and maintenance of close relatives Anything otherwise prohibited under FEMA or other law
Overseas investments and foreign bank accounts

TCS on LRS: the tax layer

Tax Collected at Source is a tax-law matter, separate from FEMA but collected by the bank when you remit. Under the Income-tax Act, 2025, reports for FY 2026-27 indicate: no TCS up to Rs 10 lakh in the year; above that, 2% for education and medical remittances (reduced from 5% by the Finance Act, 2026), and 20% for other purposes; amounts funded by a qualifying education loan are treated differently; overseas tour packages have a separate 2% rule (confirm against Section 394 and the Finance Act, 2026 before relying). TCS is generally a credit against your tax liability, not an additional cost.

Mistake to avoid

Splitting a remittance across several banks or family members does not reset the Rs 10 lakh TCS threshold or the USD 250,000 limit; limits are tracked per individual by PAN. Also remember that US stocks bought from India use the same LRS limit. See our guide on investing in US stocks from Hyderabad.

2. Overseas Investment: the company route

The Overseas Investment Rules, 2022 (with Regulations FEMA 400/2022-RB) replaced the old ODI framework. Overseas Investment equals Financial Commitment (equity, debt and guarantees in a foreign entity where the Indian entity has a direct investment) plus Overseas Portfolio Investment.

400%
of net worth: ceiling for financial commitment
50%
of net worth: ceiling for OPI by an Indian entity
USD 1 bn
in a year: prior RBI approval needed
31 Dec
APR due date
  • Net worth is as per Section 2(57) of the Companies Act, 2013, taken from the last audited balance sheet.
  • Prohibited without specific approval: investment in a foreign entity engaged in real estate activity, gambling in any form, or dealing in financial products linked to the Indian rupee.
  • Form FC is submitted through the AD bank at the time of remittance or commitment, whichever is earlier; the AD bank issues a UIN.
  • Disinvestment and restructuring are reported within 30 days (confirm).
  • APR is filed for each foreign entity by 31 December; where the foreign entity’s year ends 31 December, by 31 December of the next year. If several Indian residents invest in the same entity, the one with the highest stake files.
  • Delays in reporting attract Late Submission Fee.

For a step-by-step on setting up a subsidiary, read our overseas subsidiary guide.

3. ECB: borrowing from abroad after the February 2026 reset

The Foreign Exchange Management (Borrowing and Lending) (First Amendment) Regulations, 2026 were issued on 9 February 2026, published on 16 February 2026, and followed by A.P. (DIR Series) Circular No. 23 of 18 February 2026 revising the forms.

Topic Earlier position Now (as reported)
Cost Benchmark plus fixed spread ceiling All-in-cost ceiling removed; market-based and arm’s length for related parties; for ECBs below 3 years average maturity, the trade credit ceiling applies
Borrowers Limited categories Wider, including LLPs and restructuring entities
Borrowers under investigation or appeal Restricted May borrow without prejudice to the outcome, with disclosure in Form ECB-1
Currency Mainly foreign currency Foreign currency or INR; conversions permitted
Reporting Monthly Form ECB-2 Event-based Form ECB-2 within 7 calendar days of month-end of the drawdown or repayment
Security creation AD bank NOC Reported as no longer required (confirm)
Caution

ECB is the area most affected by 2026 amendments. Confirm the minimum average maturity, end-use restrictions and the lender eligibility on the current Master Direction before signing a loan agreement.

4. Which door should you use? A quick decision path

STEP 1
Individual?
Use LRS. Keep Form A2, PAN and source-of-funds ready
STEP 2
Company or LLP investing abroad?
Use Overseas Investment: compute 400% net worth, file Form FC
STEP 3
Need a loan from abroad?
Use ECB: check borrower and lender eligibility, file ECB-1
STEP 4
After the money moves
Calendar the APR, ECB-2 and annual filings

5. Seven mistakes to avoid

  1. Using LRS for a business purpose that belongs under Overseas Investment.
  2. Computing net worth from an unaudited or stale balance sheet.
  3. Remitting before obtaining a UIN through Form FC.
  4. Forgetting the APR when the foreign entity has no profit or no activity.
  5. Investing in a foreign entity engaged in a prohibited activity.
  6. Treating an optionally convertible instrument or guarantee as “not an investment”.
  7. Using pre-2026 ECB templates for pricing and reporting.
Hyderabad angle

Nizampet, Miyapur, Kokapet and Nanakramguda have many families with children studying abroad and tech companies with overseas subsidiaries. For families, the issue is usually LRS and TCS planning; for companies, it is net worth, Form FC and the APR calendar.

Why work with ComplianceKart

ComplianceKart is a boutique practice bringing Chartered Accountants, Company Secretaries and advocates under one roof. Think of a multi-speciality hospital: the physician, the radiologist and the pharmacist read from one patient file, so you never carry reports between buildings. Remitting abroad involves a banker, a tax view, a company law resolution and sometimes a contract with a foreign counterparty. A single team keeps the sequence right: approval, remittance, report, annual filing.

Frequently Asked Questions

What is the LRS limit?

USD 250,000 per resident individual per financial year, covering all permitted current and capital account remittances together.

Is a minor allowed to use LRS?

Yes, through a natural guardian who signs the declarations.

What is the overseas investment limit for a company?

Financial commitment up to 400% of net worth as per the last audited balance sheet, and portfolio investment up to 50%, with prior RBI approval above USD 1 billion in a financial year.

Is there still an all-in-cost ceiling for ECB?

Under the 2026 amendment, the ceiling was removed and replaced by a market-based, arm’s length standard, with the trade credit ceiling for shorter maturities.

When is the APR due?

By 31 December every year for each foreign entity in which ODI is held.

Sources

  • FEM (Overseas Investment) Rules, 2022 and Regulations (FEMA 400/2022-RB, 22 August 2022)
  • FEM (Borrowing and Lending) (First Amendment) Regulations, 2026 (notification dated 9 February 2026; A.P. (DIR Series) Circular No. 23 dated 18 February 2026)
  • RBI Master Direction on Liberalised Remittance Scheme and Income-tax Act, 2025 (Section 394, TCS)
Talk to ComplianceKart
Website: FEMA and NRI compliance services
Email: team@compliancekart.com
Phone: 9959536391
Educational article, last updated 11 November 2026. It is general information, not advice on a specific transaction. FEMA directions change often; confirm the position on the date you act. Items marked (confirm) were reported by secondary sources and should be checked against the RBI or Gazette text.

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