Nri how many days

It is also relevant to note that even in cases where an individual becomes resident in India due to exceptional circumstances, he would most likely become not ordinarily resident in India and hence his foreign sourced income shall not be taxable in India unless it is derived from business controlled in or profession set up in India. What is the remedy in case a taxpayer is faced with the possibility of double taxation? Due to the Double-Tax avoidance treaty, this is a rare possibility.

You will have to submit a form by March 31, Most experts believe that these clarifications will help many NRIs who overstayed in India due to the lockdown and other issues. Simply Save Know how to deal with unfair claim rejection. Reproduction of news articles, photos, videos or any other content in whole or in part in any form or medium without express writtern permission of moneycontrol. Access event featuring 12 Days 12 Strategies 12 Experts Rs.

Register Now! The tax department has clarified the rules for determining their residential status Ashwini Kumar Sharma. The relief given by the tax department so far. Related stories. Bajar Gupshup Markets see profit-taking for third straight session; Most sectoral indices end lowe Filing your income-tax returns in the new portal? Updated on : Oct 04, - PM.

Find out how taxable income is calculated based on your status and who is an RNOR. Budget update: FM proposes to notify rules for removing hardship for NRI due to double taxation. To identify how much tax you need to pay in India, it is important to identify what your residential status is in India.

Note that the residential status must be checked for every financial year in question. Here, we will be discussing residential status as per the Income Tax Act of India. Your residential status as per RBI rules may be different as compared to the residential status as per the Income Tax Act.

Your tax-liability in India will be defined by this status. Note : These days may be a single visit or counted over many visits to India. In case you are an Indian Citizen and you leave India for employment outside of India or as a member of the crew on an Indian ship. In other words if you take up a job outside India,the 60 days minimum period will be increased to days.

In you are an India citizen or a person of Indian Origin , and you live outside India the 60 days minimum period mentioned above will be increased to days for you. Irrespective of the conditions listed above for being a resident, there is also a concept of deemed resident. An individual who is a citizen of India and has total income from other than foreign sources in excess of Rs 15 lakhs during a financial year, he shall be deemed to be resident in India in that year if he is not a tax resident of any other country.

In case of a citizen of India and a member of the crew of a ship, the period or periods of stay in India shall, in respect of an eligible voyage shall be computed as follows:. The main aim of his blog is to "help investors take informed financial decisions.

These should not be construed as investment advice or legal opinion. Hello, During Financial Year , I was not in india for days, and while working along with studies, I have earned approx 8. Whether such income is treated as scholarship and exempt from tax or will be treated as salary?

But since I was away for the purpose of studies-employment and not in India for more than days, it will be not be taxed in India. Kindly confirm with relevant tax clauses and judgement references. Year Days in India Days Abroad for education-work 56 0 80 Dear Samir, I believe that such income is not treated as scholarship. Suggest you to kindly consult a CA in this regard.

Is Income earned outside India Taxable? Hi, I am US citizen residing in India. As a result my USA income will be taxable. My question is how this payment will be treated by CBDT??

In my opinion, this income may not be taxable in India as well. I returned from my overseas assignment of more than 10 years on 7th Feb I have visited India during this period every year for vacation. I am furnishing the summary of the no of days visited each FY. For the FY I have declared myself as RNOR based on the fact that the no of days of stay in the previous 4 years is less than days. Please help me to understand either way.

Although my stay in India for FY would be less than days but will be 60 days or more in FY and also days or more during the preceding 4 fiscal years. This query arose because of fact that if verbiage of more than 60 days stay in India is substituted with days for PIO or OCI holders. Dear Pancham, Even though if you do not stay for days in FY in India, but if you stay in for min 60 days AND had stayed for at least days in the last 4 FYs then your residential status can still be considered as Resident Indian for the said FY.

There was a reason for this query. Plz go through this link , can be useful. Will I be considered as NRI based on current finanical year or prevoius finanical year ? Dear Pramod, As you are expecting to sell the property during Nov , the applicable FY is As per the Indian Income Tax Act, when a resident purchases any property from a non resident, he has to deduct income tax TDS and pay the balance amount to the seller. Hello sir, I had been in abroad for the period 1.

Jan May 2. The same was deposited for 1 year each and it was continuously renewed along with interest accrued every year. Recently I broke on FD and since it was broken with in 6 months bank did not give any interest. I have been un employed since Aug except for a period of 8 months and a sum of Rs. Whether the interest on FDs which are re deposited in accumulation for the last 5 years are taxable? Even if , since no salary income is it required to file ITR?.

In case, your interest income is more than that, you have to file ITR. Suggest you to consult a CA. Sir, Bank has not yet deducted any TDS.

Is it right? But, its always beneficial to file ITR. Hi Sreekanth I have a small query. I returned back for good in Firstly because of my NRI status for 9 years out of 10 years on continuous basis, can I claim the status of RNOR status for the next 3 financial years. Kindly advise me sir. Your valuable advise will help me immensely. Thanks Sir. So, you can claim to be an RNOR. So, you are allowed to keep your RNOR status for up to 3 financial years post your return back to India.

I think, under RNOR status, you continue to get the taxation benefits similar to an NRI, but, I believe that you can not renew the maturing deposits under same terms. My brother in law has gone for employment in USA on July 3, He has gone on a 3 year visa with option for renewal. So how does he go ahead with the tax filing part. Dear Jayesh, He needs to follow the tax rules that are applicable to both the countries.

He does not have to pay taxes on income earned abroad, even if he remits this income to India. Hi Sreekanth, I have query regarding my residency status for AY , I was transferred outside of india from Dec 1 for job on secondment contract while my employment headcount was still in india , During 1 april to 1 dec I had travelled abroad for official trips for around days?

Dear Charles, Do you mean to say that only Rs 18lakhs out of this Rs 90lakhs is a white money? I am having an issue. I was in UAE since 6 Apr I will be arriving in India this year on Oct So technically I will be considered Resident of India. No doubt , the income during I was in india is taxble. Do I need to put as a taxable while filling the income tax return? Suggest you to kindly go through this article…. Let me begin by mentioning that I really enjoy reading your website.

You have provided a whole array of great useful information for novices like me. I really thank you for that.

Now to come to my query. I have been an NRI for the past 2 years i. So that would make my status as NRI. Now my question is Do I have to file my returns for this 60, interest income. What will happen if I dont file the returns. Dear Prakash, Glad to know that you like my articles and you find them useful! As you do not have income which is in taxable limit, there is no need to file tax return. Also, the IT dept may issue compliance notice asking for reason of non-filing of ITR notice , for which you may have to respond that your income is below taxable limit.

So, to avoid this , advisable to file ITR and claim your refund. Are these normal FDs? Dear Sreekanth, Thank you very much for your prompt reply. You mentioned that I might receive the Non Filers notice. Is that an issue or submitting compliance will take care of it.

Dear Prakash, As mentioned in my previous comment, its not a big issue if you have income which is below taxable limit. Hi, I have a small clarification to know about my taxation for the year Let me explain my situation. I have joined in company outside India since October — Till October Let me give you exact details of my vacation no of days spent in India.

So in April i left back to job outside India on 19th April and then in between i came to India for emergency in September for 21 days and left the company in October 3rd and returned on 21st October Since Then i am staying in India but not having any income in India since then till now.

Please let me know whether i am taxable for my any income i earned outside India for and transferred the salary money to India every month since April till November Because many are confusing with their view that some says i am not taxable and some says i am taxable. Dear Vivek..

Kindly use the calculator given in the article and check your Residential status for FY Else, you may let me know the total no of days that are in India in FY ?? In FY from April till March is days. Dear Vivek, If you have stayed in India for more than days in your case it is days during FY , then your residential status is Resident Indian.

So, you need to file income tax return as RI and taxes if any will be applicable. Suggest you to take help of a CA. I want like to know if there are any regulations in India, that restrict me from transferring funds between two different NRE account holders? The underlying transaction is that I wish to acquire a commercial property in India which has been booked by another Non Resident Indian.

The said property is still under construction and hence has not been registered as yet by the first buyer. He has made partial payment towards the said property and now wishes to withdraw from the deal. Hence, to the extent that the first buyer has made payments from his NRE bank account or through the mortgage route to the builder, I need to reimburse him. The remaining payments on the property I can pay through my NRE bank account directly to the builder.

Dear Raj, Kindly make sure they prepare new Sale agreement in your name before you transfer the amount to the first prospective buyer. Ask for the cancellation confirmation and then re-book it in your name. Somehow, I sense that it is advisable to book the property as a fresh booking rather than going through this route, to keep it clean and simple. This is what I need further clarification on. Section states that any payment made to a non-resident by a person tax has to be deducted on the same at prescribed rates.

Section 2 of the Act specifies that in case the person is of the opinion that the payment is not taxable in India then an application has to be made to the concerned income tax officer, who shall pass an appropriate order in relation to the tax to be deducted. What is not clear to me is if the said process applies for payment by an Indian Resident to a Non-Resident or from Non-Resident to Non-Resident as well.

Also, here sale of property is not happening between the two NRIs, am I right. So, section may NOT at all applicable in your case. You may also take advice from a CA. We are abroad for employment for more days any fiscal year and we are eligible for rotational leave as per company policy, eg.

We normally come back to India during our off days. Kindly advise whether we are eligible for NRI status? Kindly note that both conditions have to be met. Fantastic article. Let me explain my situation and hopefully you will be able to understand it better: I went outside India on Feb, and then permanently returned to India on Aug So, to determine my NRI status, should I consider as the previous year or as the previous year?

Would the entire period of 1st April to 31st March be taxable for me or just Sep to 31st March would be taxable? Dear Sourin, Current FY is , so previous financial year would be Hi Sree, I am Lakshminarayanan G.

My query is, I worked in chennai India in the month April and May and paid income tax for those month income, Then i joined other company and working in foriegn; until march 31st of the days out side india are days. So my doubt is here, 1. In case i should pay income tax, how can i calculate my income over these period. So, you need to include your foreign income along with salary received in India and file your tax return. Thanks for a fantastic article!

I just want to re-confirm my understanding to avoid any surprises later, since you obviously are quite a master on the subject.. Qn 1: So, for the FY , I need to consider 7 years preceding.. Dear KB, Suggest you to use this calculator to just check which Status is applicable under different scenarios.. Click here.. Moved back to India in Aug Thank you so much. Dear Rohan, Based on the info provided by you, I do not foresee any issue if you change your Residential status to Ordinary Resident.

Suggest you to consult a CA in case, you are transferring any Assets or investments from Foreign accounts to Indian Saving accounts. Hello, I too have a query, which is as follows:- I am a NRI and on my visit to India which is was less than days i thought of getting my new passport. My question is can you please confirm if there is an Indian Address on my Indian Passport then does that necessarily mean that the passport holder is an Indian Tax Residence.

Dear Swati, No, not necessarily. I can have Indian residential address on my passport and can still be an NRI. I wassent to Qatar on Business Visa from August-7th by my company. Subsequently I was transferred to Qatar from 1-Nov Till October I was getting salary in my Indian Account. Please suggest whether I will be able to get a refund as my stay outside India is more than days.

This was my first overseas visit. Dear Pavan, Let me know if your company has a subsidiary in Qatar? Our company has a Subsidary here. Salary is proocessed by same unit but currency is different.

In FY, I traveled abroad more than days on business trip to different countries. In this Financial Year i went for studies 30 days aboard for my exams. Then i completed days on board. Excluding in and out days from india. So, if your total number of days of residing in India are greater than or equal to days, then your residential status would be RI Resident Indian , else NRI. Is he an NRI? If yes then what should we do to his PAN card? Should we surrender it or keep holding it?

Are we supposed to inform this to IT Dept? If yes how can we do that? Also what should we do to his savings account in India?

Please advise. There is nothing to do with updating PAN card status. He has to inform his bankers about his NRI status.

Update the status on all Deposits, Demat account, MFs, etc. Thank you for your response. Given the explanation above my son will have NRI status. My son is 23 now and he is not an assesse as his income never exceeded threshold limit in any FY so far. He does not have a demat account nor does he have any holding in MF.

He has fixed deposit and interest income to the tune of 60K per annum. What will be Income tax implication, if any, on his interest income? Kindly read: Do I need to file my income tax return? Please advise,. My Name is Vipin. I am working out of India since November I will be out of India for more that days in FY and Even if i am transferring some amount to my India account?

Is this enough to get a NRI status? Kindly refer to the table provided in the article. What should I do? I mean kindly consider that I am in India in FY Dear Alark, only little messed up?? You have been an NRI for so long and surprised that you have not updated your Residential status on any of your investments?? Need your support in identifying residential status for the financial year During April to Oct i. Net abroad stay during FY is days but employment is for days.

Pls advise on the NRI status for income tax clubbing. Salary slip of income from japan received by person resident in india. Taxable income after social insurance: Tax Deposited in bank I am a Nri from But in this FY , it is not possible for me to complete my in aboard. Is my foreign income would be taxable in india. However, if you have paid taxes on income earned from abroad sources with Foreign tax dept, you can make check if that country has DTAA Double Taxation Avoidance Agreement with India or not.

Hello Mr. Shreekant, I have been out of the country on employment for more than 5 months around days. I will be going out of the country next month for a holiday.

Can that be included for calculating my days? I returned back to India in july from USA. I was working there from hardly i have travelled for 15 days a year to india. Now have came back to india. AND also is there any compensation for not staying in india from last 4 years for these foreign income of 3 months?

Please help me out. Hi Sreekanth, Thanks for helping out. I am having a query. I have come to Singapore as assignment but indian salary stopped and joined as employee in Singapore branch with singapore offer letter and salary. I have alreay spent 39 days in india and now i will be going back and resuming job in India on 1st feb. Rest all conditions like past 3 years , 7 years are not satisfied. So , will i be a NRI or Resident for tax purpose? I am working in a big MNC and when they send for long term , they transfer the employement itself to that country and that is why getting singapore salary and employment.

One of the tax consultant is saying i will be covered by 60 days rule and will become resident because i am coming back in same financial year.

Very confusing , please help. Were you in India for at-least days in last 4 years proceeding current FY. In current FY, my stay in India would be days. As per your flowchart, my resident status will be NRI. Then yes, your residential status would be NRI. Dear Ajit, If you stay out of India for more than days then you need to meet the other two conditions as well.

Kindly check this in the Flowchart. Hi, If I join a company in Dubai in December , will I be adding my salary earned there and deposited directly to my Dubai account to my salary earned in India from March November for determining income tax? UAE income is tax free, but cost of living is high.