EB5 Investors Magazine Volume 7, Issue 2 | Page 32

other provisions of LRS requires prior written permission. All licensed banks in India are authorized to act as remittance agents and they are required to ensure the remittance is within the LRS framework. There are some provisions which imply that remittance done by multiple family members ultimately applied to result in benefit of one family member is considered as “clubbing” of the remittance limit and it’s in contravention of the law "Banks, which are authorized agents of RBI, are also split in interpreting the issue of clubbing and many banks in India deny remitting funds for EB-5 unless its only by the primary applicant spread over two financial years." and its intent. EB-5 investment is done in the name of the primary applicant only. Therefore, remitting EB-5 funds outside India under names of two or more family members towards a subscription agreement executed in the name of only a primary applicant can be conservatively interpreted as clubbing. Conversely, a more liberal interpretation rests on the premise that other family members also benefit from remittance as they are also derivative members of the EB-5 investment. Banks, which are authorized agents of RBI, are also split in interpreting the issue of clubbing and many 32 EB5 INVESTORS M AGAZINE banks in India deny remitting funds for EB-5 unless its only by the primary applicant spread over two financial years. A simple work around for this, given the investment is made at an appropriate time, is to remit funds over March and April under limit of the primary applicant only. However, in all other cases, careful planning of path of funds to navigate the “clubbing” issue is essential and so is finding a good bank that is taking a liberal interpretation and is remitting funds at reasonable costs to investors. Assessment of I-526 is primarily done on two aspects – projects ability to create jobs and lawfulness of source of funds. The only aspect an investor can control and contribute to, having chosen the project for the EB-5 investment, is having a strong documentation of lawful source of funds with careful calibration of all legal and practical aspects. Ullas Shah is a char tered public accountant in the U.S. and a chartered accountant in India. Shah boasts three decades of experience as a tax and accounting professional. He has been instrumental in advising some of the largest corporate restructuring deals in India. As an EB-5 investor himself, he has meticulously studied EB-5 requirements. Coupled with his in-depth understanding of the Indian tax and accounting framework, he has drafted documentation of lawful sources of funds for many EB-5 investors. He has also worked with leading U.S. immigration attorneys, regional centers and projects.