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  1. My son earns in USD while studying abroad. Can he open an NRE account and save tax in India?

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My son earns in USD while studying abroad. Can he open an NRE account and save tax in India?

balwant jain

3 min read | Updated on July 16, 2026, 15:42 IST

SUMMARY

The opening of NRO (Non Resident Ordinary Account and NRE (Non Resident External Account) bank accounts are regulated under the Foreign Exchange Management Act (FEMA).

tax query nre account

A person becomes non-resident under FEMA once he leaves India to take up employment outside India or to start a vocation outside India or leaves India for an indefinite time period. | Image: Shutterstock.

If your child has moved abroad for studies and is earning money online in foreign currency, you may wonder whether they qualify as an NRI and can open an NRE or NRO account in India.

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A reader recently asked whether his 20-year-old son, who has been living outside India for over a year and earns in US dollars through online game editing work, can open an NRE account and reduce his tax liability in India. Here's what the rules say.

Today's Q&A explains such details in response to a query by a reader.

Question: My son is 20. Currently out of India for more than one year. He does some online work not service) game editing, etc., and earns in USD. He gets the money in PayPal, then he converts in INR. Can he be considered an NRI and open an NRI account to save Indian tax any money earned?
Answer: The opening of NRO (Non Resident Ordinary Account and NRE (Non Resident External Account) bank accounts are regulated under the Foreign Exchange Management Act (FEMA). Only a person who is non-resident can open an NRI/NRO account.

A person becomes non-resident under FEMA once he leaves India to take up employment outside India or to start a vocation outside India or leaves India for an indefinite time period.

So the answer to your question will depend on for what purpose your son has gone outside India. In case he left India for an indefinite purpose, he became a non-resident immediately on leaving India. Even if he has gone abroad for taking up higher studies abroad, he is treated as a non-resident as the intention is to stay outside India for an indefinite time.

It seems your son has gone abroad for higher studies and therefore has become a non-resident for FEMA purposes. There is no NRI account. I presume you are talking about NRO or NRE account.

Since he is already a non-resident for FEMA purposes, he can open an NRO and/or NRE account here in India.
Have a personal finance, mutual fund, or income tax query? We will try to get them answered by experts. Write to sangeeta.ojha@rksv.in
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Disclaimer: The views and opinions expressed above are those of respective experts/commentators and do not reflect the views of Upstox. The above Q&A is only for informational purposes and should not be considered investment or tax advice from Upstox. Please consult a tax expert for your complex tax problems.

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