NRI taxation is dependably a disagreeable matter for the enormous number of Indians visiting the homeland for meeting their families, or last re-settlement back in India, or even adhered in India b
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NRI Advisory Services specializes in providing comprehensive solutions for NRI Income Tax Return ...
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An individual is considered as a Resident in India under the Act if :- He stays in India for 182 days or more in a FY; or he is India for 60* days or more in a FY and for 365 days or more in preceding 4 FYs. However, the condition of stay of 60 days is extended to 182 days for: Member of the crew of an Indian Ship leaving India,Indian citizen leaving for purpose of employment, PIO or Citizen of India, being outside India, having come on a visit to India He stays in India for 182 days or more in a FY; or he is India for 60* days or more in a FY and for 365 days or more in preceding 4 FYs. However, the condition of stay of 60 days is extended to 182 days for: Member of the crew of an Indian Ship leaving India Indian citizen leaving for purpose of employment PIO or Citizen of India, being outside India, having come on a visit to India
If an individual does not satisfy any of the conditions for being a Resident in India as per prior question, he/she shall be considered as a NR in India.
If an individual is a Resident of India for a particular FY (as explained in the above question) and if the said individual is – 1. a NR in India in 9 FY out of 10 preceding FYs; or 2. is in India for less than 729 days in preceding 7 FYs, then he/she shall be considered as a RNOR in India provided he satisfy either of the above additional condition. However, if both the aforesaid additional conditions are not satisfied, then he/she shall be considered as ROR in India.
Generally, while calculating the number of days of stay in India, date of arrival and date of departure in India shall be treated as days of stay in India. Normally, dates stamped on Passport are considered as proof of departure from and arrival in India.However, in case where an individual is a Citizen of India and a member of the crew of a Indian Ship, on a voyage having originated from any port in India, with destination being any port outside India or vice versa, then number of days of stay in India for the said individual, shall not include the period beginning on the date entered into the Continuous Discharge Certificate (CDC) in respect of joining the ship till date entered into the CDC in respect of signing off from the ship.
The individual in the aforesaid case stays in India for 92 days during FY 2018-19. As per provisions of the Act, in the following cases, only the condition of stay in India for less than 182 days is applicable for determining Residential Status to be NR: 1. In case of a person, who is citizen of India or PIO being outside India, who is on visit to India; OR 2. In case of a person, who is citizen of India, and leaves India for employment outside India or as a member of the crew of an Indian ship. Accordingly, as his/her stay in India is 92 days which is less than 182 days, the residential status shall be a NR for the FY 2018-19 under the provisions of the Act. It may be noted that the same conditions may not be applicable in case of family members of the person leaving India who has left India for the purpose of employment abroad.
As explained above, he/she is not an Indian citizen, so he/she would not be eligible to claim benefit of 182 days, even though he/she is a PIO. Hence, as his/her stay in India in the FY 2018-19 exceeded 60 days and for the 4 years preceding the FY 2018-19 exceeded 365 days, his/her residential status would be Resident of India.