Tax Residency and Becoming an NRI
Determining NRI Status
An Indian citizen becomes a Non-Resident Indian (NRI) by staying overseas for more than 182 days in a financial year. To be considered a Resident, a person must either:
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Stay in India for 182 days or more in the financial year, or
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Stay in India for 60 days or more in the financial year and 365 days or more during the preceding 4 years.
Therefore, staying in India for more than 60 days should be avoided to attain or retain NRI status.
Resident but Not Ordinarily Resident (RNOR)
There is a tax status between Resident and Non-Resident called Resident but Not Ordinarily Resident (RNOR). This typically applies to NRIs returning to India and satisfies one of the following conditions:
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The person was NRI in 9 of the last 10 financial years, or
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The person lived in India for 2 years or less in the last 7 financial years.
RNOR status provides non-taxability of foreign income for up to 2 years after returning to India.
Taxable Income
While an NRI is spared tax on income from outside India, a Resident of India is required to pay tax on global earnings. Overseas Citizens of India (OCI) and Persons of Indian Origin (PIO) claiming NRI status in India must report the number of days stayed in India in the relevant tax year and the previous 4 tax years.
NRIs need to file Indian tax returns if:
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Taxable income in India during a financial year exceeds the basic exemption limit of ₹2.5 lakhs.
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There is short-term capital gain (STCG) or long-term capital gain (LTCG) from the sale of property in India.
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Claiming a tax refund for TDS.
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To carry forward and set off losses against gains.
The due date to file taxes is normally 31st July of the assessment year, i.e., 4 months after the financial year-end.
Income Exemptions
Certain types of income, mainly investments, are exempt from tax for NRIs as specified within Section 10 of the Income Tax Act. Some examples include:
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Interest on NRE Accounts: Interest paid or credited to individual NRIs permitted by the RBI to maintain such accounts (Section 10(4)(ii)).
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Interest on NRNR Deposits: Interest, premium on redemption, or any other payment on NRNR deposits and other securities, bonds, annuity certificates, and savings certificates (Section 10(15)(i)).
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Interest on NRI Bonds: Interest on ‘NRI Bonds 1988’ and ‘NRI Bonds (Second Series), issued by SBI and purchased in foreign exchange (Section 10(15)(iid)).
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Interest on FCNR and RFC Accounts: Interest paid by a scheduled bank on RBI-approved foreign currency deposits (Section 10(15)(iv)(fa)).
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Dividends: Any income by way of dividends referred to in Section 115-O (Section 10(34)).
Special Tax Rates and Surcharges
For certain types of investments, special lower tax rates apply under Sections 115 of the Income Tax Act. NRIs may choose these rates or rates as per DTAA, whichever is more favorable.
Reporting Requirements
New Income Tax forms in India require NRIs and US citizens residing in India as OCI/PIO to provide more information for claiming tax relief under DTAA (Double Taxation Avoidance Agreement). This includes:
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Tax identification number of their home country.
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Assets held outside India.
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Overseas tax residency certificates for credit.
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Disclosures for directors or shareholders in unlisted companies.
Additional reporting requirements for Indian Residents include:
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Detailed breakup of salary, including directorships held.
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Unlisted securities.
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Mode of donation payments.
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Agricultural land details if farm income exceeds a specified limit.
The Income Tax department scrutinizes the days stayed to determine if the taxpayer has correctly reported tax residence status. This determines the scope of income subject to tax in India, i.e., India-sourced income or worldwide income.
For more details, refer to the Income Tax Website.