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FEMA Export Import Rules 2026: Big Relief for Foreign Companies Doing Business in India

Corporate legit > Fema Compliance for Foreign Companies in India > FEMA Export Import Rules 2026: Big Relief for Foreign Companies Doing Business in India
FEMA Export Import Rules 2026
  • October 9, 2026
  • Gaurav Vashistha
  • Fema Compliance for Foreign Companies in India
  • 0

Table of Content

  • 1. Who Do the FEMA Export Import Rules 2026 Apply To?
  • 2. Import Payments: The Biggest Relief Under the New Rules
  • 3. Export Realisation Timelines Under FEMA Export Import Rules 2026
  • 4. Third-Party Payments Now Expressly Permitted
  • 5. More Ease-of-Business Measures
  • 6. Action Checklist Before October 1, 2026
  • 7. How Corporate Legit Can Help

From October 1, 2026, India’s cross-border trade rules change significantly. The Reserve Bank of India notified the Foreign Exchange Management (Export and Import of Goods and Services) Regulations 2026 (Notification No. FEMA 23(R)/2026-RB, as amended September 22, 2026). The FEMA Export Import Rules 2026 replace the 2015 export regulations and the separate Master Directions on exports and imports with one unified rulebook.

For foreign companies operating in India, this is a major step toward ease of doing business in India.

Who Do the FEMA Export Import Rules 2026 Apply To?

The new regulations apply to every Indian entity that imports or exports, including:

  • Wholly owned subsidiaries of foreign companies
  • Joint ventures with Indian partners
  • Branch offices of foreign companies
  • Project offices for project-related imports
  • Global Capability Centres, IT back offices, and shared support service centres

Import Payments: The Biggest Relief Under the New Rules

Until now, importers had to pay for goods within 6 months from shipment. Under the FEMA Export Import Rules 2026, payment follows the underlying commercial contract or purchase order terms (Regulation 9).

Import CategoryUp to September 30, 2026From October 1, 2026
Import of goodsWithin 6 months from shipmentAs per contract / PO terms
Import of servicesPer invoice, no specific ruleAs per contract, monitored by AD bank
ExtensionAD bank, 6 months at a time, maximum 3 yearsAD bank, on merit, per its own policy

Why it matters: most foreign subsidiaries import from their parent or group companies. They can now use the credit period agreed in the intercompany agreement, improving working capital. Long deferrals may still fall under trade credit rules, so structure them carefully.

Export Realisation Timelines Under FEMA Export Import Rules 2026

Export proceeds must still be realised and repatriated to India through the Authorised Dealer bank.

Export of services (key for GCCs and IT companies):

Invoice CurrencyUp to September 30, 2026From October 1, 2026
Foreign currency9 months9 months from invoice date
Indian Rupees (INR)9 months12 months

Export of goods:

CategoryUp to September 30, 2026From October 1, 2026
Normal exports, foreign currency9 months9 months from shipment
Normal exports, INR9 months12 months
Overseas warehouse15 months from shipment9 months from date of sale
SEZ / EOU / STPI / Status Holder9 months9 months

AD banks can grant extensions on a reasoned request.

Third-Party Payments Now Expressly Permitted

Regulation 8 of the FEMA Export Import Rules 2026 permits third-party receipts and payments where the AD bank is satisfied the transaction is genuine. This supports group treasury and regional HQ payment structures.

TransactionUp to September 30, 2026From October 1, 2026
Import of goodsAllowed with strict conditionsAllowed under Regulation 8
Export of goodsAllowed with strict conditionsAllowed under Regulation 8
Import of servicesNo express provisionAllowed under Regulation 8
Export of servicesSoftware exports onlyAllowed under Regulation 8

More Ease-of-Business Measures

  • Set-off (Regulation 7): export receivables can be netted against import payables with the same overseas party or its group companies, including goods against services.
  • Rs. 10 lakh simplified closure: small import and export entries can be closed by self-declaration, including quarterly bulk filing.
  • Single Export Declaration Form: replaces SOFTEX for software exports. One monthly EDF covers all service exports.

Action Checklist Before October 1, 2026

  1. Review payment terms in intercompany supply and service agreements
  2. Set up monthly EDF filing for service exports
  3. Reconcile open EDPMS and IDPMS entries
  4. Record third-party payers on invoices and contracts
  5. Obtain your AD bank’s new FEMA 2026 policy or SOP

How Corporate Legit Can Help

Corporate Legit Consulting LLP advises foreign companies, especially Japanese and Korean investors, on FEMA compliance, AD bank documentation, intercompany agreements and transition to the new regime.

Contact our FEMA experts today to make your India trade operations compliant from day one.

Frequently Asked Questions

1.When do the FEMA Export Import Rules 2026 apply?

The regulations apply to transactions on or after October 1, 2026. Transactions entered into before that date continue to follow the prior framework, specifically the 2015 export regulations and associated Master Directions.

2. Is there still a payment deadline for imports under the new rules?

Yes, but the deadline is now determined by the underlying commercial contract or purchase order rather than a fixed 6-month statutory window. The AD bank monitors compliance with the contractual payment timeline and can grant extensions on merit under its own policy.

3. Can a foreign parent company pay an Indian subsidiary's export invoices directly?

Yes. Third-party receipts are expressly permitted under Regulation 8 of the FEMA Export Import Rules 2026 where the AD bank is satisfied that the transaction is genuine. This enables group treasury centralisation and regional headquarters payment structures that were previously handled under stricter conditions.

4. What changed for INR-invoiced service exports under the 2026 rules?

The repatriation period for INR-invoiced service exports extended from 9 months to 12 months from the invoice date. Foreign currency-invoiced service exports remain at 9 months. This is particularly relevant for GCCs and IT companies that invoice intercompany services in INR to their overseas group entities.

5. Does the Single Export Declaration Form replace SOFTEX for all service exports?

Yes. The monthly EDF replaces SOFTEX for software and IT service exports. One monthly EDF filing now covers all service exports for the month, replacing the transaction-by-transaction SOFTEX filing that applied previously. Companies should confirm the EDF process with their AD bank before October 1, 2026.

  • Previous Company Formation in India from Japan: Complete Guide for 2026
  • Next Hiring a Foreign National in India: 7-Step Compliance Checklist (2026)

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