Determining Residential Status (Section 6)
The ordinary tests are at least 182 days in India during the tax year, or at least 60 days during the tax year plus 365 days in the preceding four years. Exceptions replace the 60-day limb for an Indian citizen leaving for overseas employment/crew and for an Indian citizen or PIO living abroad who actually comes on a visit. A high-income visitor uses a 120-day threshold only when income other than foreign-source income exceeds ₹15 lakh. Separately, an Indian citizen with more than ₹15 lakh of income other than foreign-source income who is not liable to tax by residence/domicile elsewhere can be a deemed resident even without 120 days. Such deemed residents, and qualifying 120–181 day visitors, are RNOR. RNOR also applies when the preceding-ten-year or 729-day tests are met. A foreign citizen who fails the tests is “non-resident,” not an NRI.
What Income is Taxable for NRIs?
A non-resident is generally taxed on income received or deemed received in India and income accruing, arising or deemed to accrue/arise in India. Foreign income first received in India can therefore require analysis; “earned abroad” does not automatically mean outside Indian tax. RNOR has a wider scope: foreign income from a business controlled in India or profession set up in India can also be taxable. ROR generally has global-income scope, subject to treaty relief and foreign tax credit. Source, first receipt, remittance of past income and treaty residence are distinct questions.
NRE vs NRO Bank Accounts
NRE/FCNR interest exclusions depend on the account, FEMA status and the holder satisfying the statutory conditions; do not describe all balances or every holder as unconditionally “100% tax-free.” NRO interest is taxable and withholding applies at the current non-resident rate, potentially modified by surcharge, cess, treaty article and documentation—not one universal 30% figure. Repatriation, joint holding, source of funds and conversion rules are governed by RBI/FEMA directions in addition to income tax. Confirm them with the authorised dealer bank.
TDS on NRI Property Sale
A buyer paying a non-resident seller must examine current Section 393(2), because withholding is on a sum chargeable to tax and the rate can depend on the nature of gain, rates in force, surcharge, cess and treaty position. It is not safely modelled as a universal 12.5% or 30% of sale consideration. The seller can seek a lower/nil deduction certificate through the current prescribed process when appropriate and claim reconciled credit in the return.
DTAA: Avoiding Double Taxation
Treaty relief is article- and country-specific. Interest, capital gains, salary and pension can each have different source, residence, tie-breaker, rate and credit rules. There is no generic “10–15% DTAA rate.” A Tax Residency Certificate and the current prescribed information may be required to claim a beneficial Indian withholding rate. Form 44 (formerly Form 67) is used by an Indian resident claiming foreign tax credit in India; it is not the form an NRI uses to claim credit in another country. Credit abroad follows that country's law and treaty process.
ITR Filing Obligations for NRIs
A non-resident may need to file because taxable Indian income exceeds the applicable limit, specified income or assets trigger a return, a refund/credit is claimed, or another filing condition applies. Non-residents are not eligible for the resident Section 156 rebate. Use the return form notified for Tax Year 2026-27; do not assume legacy ITR-2/ITR-3 names or eligibility before reading the instructions. Aadhaar/PAN obligations depend on citizenship, residency under the Aadhaar Act, enrolment eligibility and current exemptions, so avoid a blanket “not mandatory for every NRI” statement.
Official References
Source date: 2026-07-28. Confirm later notifications, rules and portal forms before filing or transacting.