Can I claim Transfer of Residence exemption if I have only 10 year Tourist Visa

[leoblaze]

I am relocating to India in February 2011. I have a valid 10 year multiple entry Tourist Visa which expires August 2013. I understand that I need to present my US passport when I get my shipment cleared at Mumbai port. Will the Customs officials create any hassel if I don't get OCI before I leave for India? I was planning to apply for OCI when I reach India.

This is a big concern for me as I want to avoid paying any duty. I am only carrying old furniture and used personal items. No electronics and no new items.

Thank you very much in advance.

[UniRelo]

leoblaze,

You will very likely be disallowed TR benefit. If applying for OCI in India then you may want to show proof of OCI application/acknowledgement to the customs officer assessing your shipment and request them to consider you for TR. Chances are that they may let you claim TR after seeing proof of OCI application. However, I'm afraid there is no guarantee. It may also help if you can show them a work permit in case you have got employment in India and are able to get the permit through your Indian employer.

Hope this helps a little.

Best Regards,
Adarsh Dattani
Universal Relocations, LLC

[hitraj]

Adarsh,
I have been regularly visitng htis forum and reading your messages.
We have just started about moving back to india, I have a house to sell before I do .Now coming year(2011) i plan to send my wife with kids for their school admissions in march.Iam thinking of shifting my things during that time period.
Now iam not sure I can also go back as i dont know how long it takes to sell my house in this slow economy.Can i still claim TR for this move ? I do have OCI for all our family members
I do have my own house in india and my family is going to reside there

Advance thanks
Raj

[UniRelo]

Hi Raj,

Since your wife has OCI you can ship under her name and claim TR as long as she meets the other TR criteria namely, at least two years stay abroad and visits to India in last two years adding up to less than 180 days.

Hope this helps. Wish you good luck with your house sale.

Best Regards,
Adarsh Dattani
Universal Relocations, LLC

[gwldaddu]

Hi Raj,

Since your wife has OCI you can ship under her name and claim TR as long as she meets the other TR criteria namely, at least two years stay abroad and visits to India in last two years adding up to less than 180 days.

Hope this helps. Wish you good luck with your house sale.

Best Regards,
Adarsh Dattani
Universal Relocations, LLC

Don't they need both spouses' US passports (original) during the procedure?

[UniRelo]

Only the consignee listed on the Bill of Lading is required to provide passport and customs documentation.

Best Regards,
Adarsh Dattani
Universal Relocations, LLC

[gwldaddu]

Only the consignee listed on the Bill of Lading is required to provide passport and customs documentation.

Best Regards,
Adarsh Dattani
Universal Relocations, LLC

Please refer to following link..

http://www.mumbaicustoms3.gov.in/htmldocs/tr.htm

It clearly says that, "Only one unit of each item (at Sl.No. 1 to 17) per family is allowed"

Now, you are telling us that there is a loophole in the system?

1. Wife moves to India.

2. Wife claims TOR and takes duty free or reduced duty items. She takes an Air Conditioner duty free.

3. Wife shows only her passport

4. A few months later husband moves

5. Husband claims TOR and takes more duty free or reduced duty items. He takes another Air conditioner duty free.

6. The family now has two items of each type listed as "only one item allowed per family". The family now has two Air conditioners duty free.

Correct me if I am wrong. Or correct your statement if that is wrong..

[hitraj]

Thanks Adarsh for your prompt response

[UniRelo]

Consignee is required to declare that nobody in their family has claimed TR for the last 3 years. If the consignee mis-declares then yes, it becomes a loophole but then they also become liable for consequences for misrepresenting/fraud.

We clear scores of shipments in all ports including Nhava Sheva and have several instances where one spouse has to stay back in the US for reasons such as the one Raj cited. I can tell you from personal experience that the assessing officer has never asked for the spouse's passport to verify eligibility.

Best Regards,
Adarsh Dattani
Universal Relocations, LLC

Please refer to following link..

http://www.mumbaicustoms3.gov.in/htmldocs/tr.htm

It clearly says that, "Only one unit of each item (at Sl.No. 1 to 17) per family is allowed"

Now, you are telling us that there is a loophole in the system?

1. Wife moves to India.

2. Wife claims TOR and takes duty free or reduced duty items. She takes an Air Conditioner duty free.

3. Wife shows only her passport

4. A few months later husband moves

5. Husband claims TOR and takes more duty free or reduced duty items. He takes another Air conditioner duty free.

6. The family now has two items of each type listed as "only one item allowed per family". The family now has two Air conditioners duty free.

Correct me if I am wrong. Or correct your statement if that is wrong..

[gwldaddu]

Consignee is required to declare that nobody in their family has claimed TR for the last 3 years. If the consignee mis-declares then yes, it becomes a loophole but then they also become liable for consequences for misrepresenting/fraud.

We clear scores of shipments in all ports including Nhava Sheva and have several instances where one spouse has to stay back in the US for reasons such as the one Raj cited. I can tell you from personal experience that the assessing officer has never asked for the spouse's passport to verify eligibility.

Best Regards,
Adarsh Dattani
Universal Relocations, LLC

Thanks so much for clarifying.