NRI Income Tax Guide: Rules, Exemptions & Filing in India

Who is a Non-Resident Indian?

Non-resident Indian is an individual who is a citizen of India or a person of Indian origin but not a resident of India. NRI definition as per Income Tax Act, a Non-resident Indian (NRI) is someone who isn’t physically present in India enough to be considered a resident for tax purposes.

According to the Income Tax Act of 1961, an individual’s residential status is determined based on the number of days they stay in India during the financial year and the preceding years. Generally, if you spend more than 182 days in India during a financial year, or if you have been in India for 60 days in the financial year and 365 days in the preceding four years, you are considered a resident for tax purposes. As an NRI, you would typically be classified as a Non-Resident if you do not meet these criteria.

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How to Determine Residential Status?

So, as defined above, “a non-resident is a person who is not resident in India,” therefore, we need to understand who is considered a Resident in India.

You are considered a “Resident in India” for a financial year

• If you were in India for a period of 182 days or more during the Financial year OR
• If you have stayed in India for 60 days in the financial year, and for a total of 365 days in the preceding 4 years.

If you qualify as a resident, your residency status can be further classified as Ordinarily Resident (OR) and Not Ordinarily Resident (NOR) based on the following conditions:

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Exceptions to Residential Status

An individual who is a citizen of India and leaves India as a member of the crew of an Indian ship or for employment during the financial year will be considered a resident of India only if they stay in the country for 182 days or more.

For an Indian citizen or person of Indian origin staying outside India but visiting India during the relevant previous year, they will be treated as a resident if their total income (excluding foreign income) exceeds Rs. 15 lakhs. In such cases, they will qualify as a resident if:

• They stay in India for 182 days or more during the relevant year, or
• They have stayed in India for at least 365 days in the previous 4 years and at least 120 days in the relevant previous year.

If you are not a Resident as per any of the two conditions above, you can check if you are eligible for deemed residency for the purpose of taxation. You will be a deemed resident of India if you satisfy both the conditions:

1. If you are not liable to pay taxes in any other country due to specified reasons.
2. If you have an income sourced in India of more than ₹15 lakh in that Financial Year

You will be a Non-Resident (NR) as per the IT Act, 1961 if you are neither a Resident nor a Deemed Resident.

Resident but Not Ordinarily Resident (RNOR)

Individuals are considered RNOR upon meeting the following conditions -

• If you have been a non-resident in India for 9 years out of 10 years preceding the previous year.
• If you have stayed in India for 729 days or less in the 7 years preceding the previous year.

Any Indian citizen or PIO visiting India can be called an RNOR as per the conditions -

• Total income apart from foreign income is more than 15 lakh.
• The individual has stayed in India for more than 120 days but less than 182 days in the previous year.
• An individual has stayed in India for 365 days or more in the 4 years preceding the previous year.

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Is NRI Income Earned Abroad Taxable in India?

An NRI’s tax liability in India depends on their residential status for the financial year, as defined by income tax rules.

• If you're classified as a resident, your global income becomes taxable in India.
• If you're an NRI, only the income earned or accrued in India is taxable.

Income Taxable for NRIs in India:

• Salary received in India or for services provided in India
• Income from a property located in India
• Capital gains from the sale of assets in India
• Interest earned on savings bank accounts and fixed deposits in India

Income earned outside India is not taxable for NRIs.

Taxability of Bank Accounts:

• Interest on NRE and FCNR accounts is exempt from tax.
• Interest on NRO accounts is taxable in the hands of the NRI.

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Do NRI Have to File Income Tax Returns in India?

All Non-Resident Indians (NRIs), Persons of Indian Origin (PIOs), and Overseas Citizens of India (OCIs) are recommended to file an Income Tax Return (ITR) if they have taxable income in India.

As per the Income Tax Act, 1961, NRIs/PIOs/OCIs are required to file an ITR in India if their total annual income in India exceeds:

• ₹2.5 lakh under the existing tax regime
• ₹4 lakh under the new tax regime

Note: The benefit of rebate under section 87A is not available to NRIs. It can only be claimed by residents.

NRIs are taxed on specific incomes earned in India:

• Salary earned in India
• Any income received in India
• Revenue from the sale or rent of property in India
• Income earned outside India but received in India

Tax2win tax expert can simplify the tax filing process for NRIs and ensure compliance with relevant regulations. Whether it's understanding your tax obligations, maximizing deductions, or resolving tax-related queries, professional assistance can be invaluable. You can connect with our tax experts via call/whatsapp at 9116684449.

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What is Income Earned or Accrued in India?

India follows the “source rule” basis of taxation, i.e., all the income that accrues or arises from or through a source in India is taxable in India. Therefore, identifying the source of Income is of utmost importance.

If it is established that the income has its source in India, whether direct or indirect, such income would become taxable in India. A list of such incomes are:-

• Any salary received in India,
• Any salary received for services rendered in India,
• Rental income (if any) received from a property situated in India,
• Capital gain (if any) arising on account of transfer of property or asset in India
• Any income from deposits in India, such as interest on fixed deposits
• Any interest received on the savings bank account, etc.

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How are NRI taxed?

Residents must pay taxes on income earned in both India and abroad, whereas NRIs are not required to pay tax on foreign income. It is important to understand your residency status, taxable income, available deductions and exemptions, as well as determining the appropriate Income Tax Return (ITR) forms.

NRIs will have to pay taxes on any income that is earned, received, or deemed to accrue in India. Taxable income for NRIs includes the following:

• Salary received or for services provided in India.
• Income generated from residential property in India, whether it is rented out or vacant.
• Capital gains from the sale of property or assets located in India.
• Income from deposits such as fixed deposits or interest earned on bank savings accounts in India.
• Interest earned on NRO (non-resident ordinary) accounts will be taxed, whereas the interest on NRE (non-resident external) and FCNR (foreign currency non-resident) accounts will be exempt from taxation.

If the annual income exceeds the basic exemption limit of Rs. 2.5/4.0 lakh, it's mandatory to file tax returns, whether you're an NRI (Non-Resident Indian) or a resident. Typically, the deadline for filing returns is July 31 of the relevant assessment year.

Further, for the following income, NRI is taxed in India:-

Income from Salary for NRI:

Your NRI salary income will be taxed in India under two situations.

Situation A: If it is received in India- If you are an NRI and you have received any salary in India directly into an Indian Account or somebody else has received it on your behalf in India, then such salary income would become taxable in India.

Situation B: If it is earned in India- Your income is said to be earned in India if it is earned for services rendered in India. Therefore, if you are an NRI and your salary earned is for the services rendered in India, it shall be taxed in India.

You will be taxed at the slab rate to which your income belongs.

Generally, salary income is subject to tax withholding (TDS) by the employer in India and subject to tax as per the income tax slab rates. NRIs need to file tax returns in India if their total income exceeds the basic exemption limit to claim refunds or adjust tax liabilities.

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Income from House Property:

Any income from a property situated in India, either rented or lying vacant, is taxable income for an NRI. TDS is applicable on rental income exceeding a certain threshold and such income would be subject to tax as per the marginal slab rates. NRIs need to file tax returns in India to declare rental income and pay taxes accordingly. Deductions for property taxes, standard deduction @ 30%, etc., can be claimed.

It is important to note that even if the income is received directly into the non-resident's account outside India or in his NRE account, still the income would be liable to tax in India as the source of income, i.e., the property is situated in India.

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Income from Other Sources:

Indian-sourced income in the form of interest on fixed deposits and savings accounts that are held in Indian bank accounts is taxable in India. Interest received on NRE and FCNR accounts is tax-free, whereas interest received on NRO accounts is fully taxable.

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Income from Capital Gains:

Capital gains arising from the sale of assets located in India are taxable for NRIs. This includes gains from real estate, shares, mutual funds, etc. Capital Gains on investments in shares and securities shall also be taxable in India. Different tax rates apply for short-term and long-term capital gains. NRIs can benefit from indexation for long-term capital gains on specified assets.

If you sell a capital asset, a house property, then
A. TDS of 20 percent is applicable on Long-term capital gains.
B. TDS of 30 percent is applicable on Short-term capital gains.

The buyer, even if he is an individual, is responsible for deducting tax at source and paying it to the Government. Since the onus of deducting tax on payments made to non-residents is on the buyer, he must get a Tax Deduction Account number (TAN) and issue a TDS certificate for the same.

Like residents, even Non-Resident Indians are allowed to claim exemptions under section 54, section 54EC, and section 54F on long-term capital gains from the sale of a house property. The long-term capital gain can be invested under:

NOTE:

Relevant proofs should be shown to the buyer so that no TDS is deducted by him.

In case, the buyer deducts TDS, the benefit of these exemptions can be availed at the time of return filing by NRI, and refunds of such TDS can be claimed.

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Income from Interest & Dividend Income:

Interest income earned from bank deposits, fixed deposits, bonds, etc., in India is taxable for NRIs. Also, dividends received from Indian companies are taxable in India. TDS is applicable on interest income exceeding specified thresholds. NRIs need to file tax returns in India to declare such income and pay taxes as per their applicable tax slab. It is important to note that any interest earned on Non-Resident External (NRE) and Foreign Currency Non-Resident (FCNR) accounts is tax-exempt. However, interest earned by a non-resident on a Non-Resident Ordinary (NRO) account remains taxable.

Gifts:

Gifts received in India by an NRI are taxable under certain conditions.
Gifts received from specified relatives are exempt from tax. However, gifts of specified assets received from non-relatives above specified limits are taxable. NRIs need to disclose such gifts in their tax returns. The receipt of gifts is further subject to the conditions as prescribed under the foreign exchange regulations in India.

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Rental Payments to an NRI

• A tenant paying rent to an NRI owner is required to deduct TDS at 30% while making the payment, whether to an Indian account or to an NRI account.
• The TDS deductor has to submit Form 15CA prepared and submit it online to the Income Tax Department.
• In some cases, the tenant is also required to furnish Form 15CB, which is a CA-certified form. Form- 15CB is not required in cases where the remittance is less than Rs.5,00,000 in a year and if the AO orders a lower deduction of TDS or if the transaction falls under Rule 37BB of the Income Tax Act.

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Taxation Challenges for NRIs vs. Residents

India’s tax system presents unique challenges for NRIs compared to residents. Here’s an analysis of the disparities, their implications, and proposed reforms:

Long-Term Capital Gains (LTCG)

Current Scenario:

• Residents: LTCG up to ₹2,50,000 (₹4,00,000 under the new personal tax regime) is exempt. For example, a resident earning ₹10,000 in LTCG wouldn't pay tax if their total income remains below these thresholds. Residents also benefit from a 20% LTCG tax with indexation, which lowers taxable gains by adjusting purchase costs for inflation.
• NRIs: Even a small amount of LTCG is fully taxable. A flat 10% tax applies to LTCG from unlisted securities or shares of closely held companies, without indexation benefits.

Issues:

• Lack of parity increases financial strain on NRIs.
• NRIs often face higher effective taxes despite contributing to India's economy.

Proposed Reforms:

• Extend the basic exemption limit for LTCG to NRIs.
• Provide indexation benefits to NRIs to reduce taxable gains.
• Harmonize tax rates and benefits for LTCG between residents and NRIs.

Dividend Income and Surcharges

Current Scenario:

• Residents: Dividend income below the basic exemption limit is tax-free. The maximum surcharge is 15%.
• NRIs: Dividend income is taxed at a flat 20%, regardless of total income. NRIs with taxable income exceeding ₹5 crore face surcharges as high as 37% (25% under the new tax regime).

Issues:

• NRIs face higher tax burdens even on moderate incomes.
• High surcharges discourage foreign investments.

Proposed Reforms:

• Apply a slab-based tax system for NRIs’ dividend income, similar to residents.
• Cap surcharges for NRIs at 15% to align with residents.

Complicated TDS Rules for Property Sales

Current Scenario:

• Residents: Buyers deduct 1% TDS if the property sale value exceeds ₹50 lakh.
• NRIs: TDS jumps to 20–30%, often exceeding actual tax liability. NRIs must file for refunds and apply for a lower withholding certificate, which is time-consuming. Additionally, buyers must obtain a Tax Deduction and Collection Account Number (TAN), adding to transaction complexities.

Issues:

• Excessive deductions and delays in refunds deter NRI investments in Indian real estate.
• Paperwork and TAN requirements complicate the process for buyers.

Proposed Reforms:

• Align TDS rates for NRIs with those for residents.
• Simplify and accelerate the process for lower withholding certificates.
• Eliminate the TAN requirement for buyers transacting with NRIs.

Payment of Taxes

• Current Scenario: Taxes must be paid through an Indian bank account, creating challenges for NRIs without one.

Issues:

• This outdated rule delays compliance and creates unnecessary hurdles.

Proposed Reforms:

• Allow NRIs to pay taxes directly from their foreign bank accounts using a modernized payment platform.

E-Verification of Tax Returns

• Current Scenario: E-verification requires an OTP sent only to Indian mobile numbers.

Issues:

• NRIs living abroad find it difficult to complete the process.

Proposed Reforms:

• Expand the OTP system to include foreign mobile numbers for NRIs.

Tax Benefits for Senior Citizens

Current Scenario:

• Resident senior citizens enjoy benefits like a ₹50,000 deduction on interest income from term deposits.
• Non-resident senior citizens are excluded from this benefit.

Issues:

• Exclusion creates unnecessary disparities for senior NRIs.

Proposed Reforms:

• Extend the ₹50,000 interest income deduction to non-resident senior citizens.

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Do NRIs income earned abroad taxable in India?

No, in the case of non-resident income that accrues or arises outside India would not be taxable in India. Only income earned or received in India or income deemed to be earned in India is taxable for NRIs in India. This might include income from assets or investments in India, salary received for services rendered in India, income from a business set up in India, or capital gains on assets in India.

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Which special provision is related to the investment income of NRI?

As an NRI you can avail of a special provision related to investment income. An NRI is taxed at 20% when he invests in certain assets in India. All the more, he/she is not required to file an income tax return if his/her income comprises only special investment income and TDS on the same has been deducted.

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What are the investments that qualify for special treatment?

The income derived from the following assets in India acquired in foreign currency shall qualify for special treatment:

• Shares in Indian Companies(Public or Private company)
• Debentures, only issued by a publicly-listed Indian company (not private)
• Deposits with banks and public companies,
• Any security of the Central Government
• Other Central Government assets as specified under the official gazette.

No deduction under Section 80 will be allowed while calculating investment income.

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Which special provision is related to long-term capital gains?

On long-term capital gain arising from the transfer or sale of these foreign assets, no benefit of indexation and deduction under Section 80 is allowed.

But you can still save your taxes by availing exemptions on the gains earned under Section 115F. Under this, you are required to reinvest the net consideration received into the following assets:

• Shares in an Indian company
• Debentures of an Indian public company
• Deposits with banks and Indian public companies
• Central Government securities
• NSC VI and VII issues

The entire capital gain would be exempt if the whole of the net consideration is re-invested. However, if the cost of the new asset is less than the consideration, then the capital gain will be exempt proportionately, i.e.

            Total Capital Gain  X         Cost of New Asset  
                           -----------------------------
                              Total net consideration       

NOTE: The exemption will be withdrawn if the new asset purchased is transferred or converted into money within a period of 3 years from the date of purchase.
The NRI can at any time withdraw from the special provision and in such a case the investment income and LTCG will be charged to tax under the usual provisions of the Income Tax Act.

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Tax deductions available for NRI

Of the total deductions available to a resident individual, few are not available to non-resident individuals. A brief list of deductions available or not to Non-Residents is shown below:

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Deduction under Section 80C:

The maximum deduction allowed under the section is Rs.1,50,000. The deductions allowed to NRIs under the section are -

Life Insurance Premium Payments-

The deduction is available where the policy has been purchased in NRI’s name or in the name of his/her spouse or any child’s name (regardless of their dependencies and age). The premium must be less than 10% of the sum assured.

Tuition Fee Payment-

NRI can claim a deduction of tuition fees paid to any school, college, or any university situated in India for the purpose of the full-time education of their children.

Principal repayment of home loans-

Like Residents, NRIs can also claim a deduction for principal repayment of house property loans borrowed for the purposes of constructing or purchasing a residential house property. Other expenses such as stamp duty charges, registration fees, and others incurred for the purposes of acquiring such property also qualify for deduction under the section.

Unit Linked Insurance Plan (ULIP)-

Investment in ULIPs is also allowed as a deduction to NRI’. Investment in ULIPs offers twin benefits of insurance and investment under a single integrated plan. The lock-in period is 5 years. Premium paid towards own, spouse, and children are eligible for deduction.

Equity Linked Tax Saving Scheme (ELSS)-

ELSS investments qualify for tax deductions under Section 80C of the Income Tax Act, allowing investors to claim deductions of up to Rs 1.5 lakh in a financial year. This makes ELSS a popular choice for individuals looking to save on taxes while investing in equities.ELSS funds come with a mandatory lock-in period of three years.

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Deduction under Section 80D:

NRIs can claim a deduction for premiums paid for health insurance for themselves and their family or parents in India.

The three possible situations and tax benefits for each are shown below:

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Deduction under Section 80E:

Section 80E allows NRIs to claim a deduction of interest paid on an education loan. This loan may have been taken for higher education for the NRI, or NRI's spouse or children or for a student for whom the NRI is a legal guardian. There is no limit on the amount which can be claimed as a deduction under this section. The deduction is available for a maximum of 8 years or till the interest is paid, whichever is earlier. No deduction is allowed on the principal repayment of the loan.

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Deduction under Section 80G:

If eligible donations have been made as per section 80G of the income tax act, the deduction is allowed to NRIs.

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Deductions not allowed to NRIs

Some investments under Section 80C:

• NRIs are not allowed to open new PPF accounts. However, PPF accounts that are opened while they are a resident are allowed to be maintained
• Investments in National Savings Certificates (NSCs)
• Post office 5-year deposit scheme
• Senior Citizen Savings Scheme (SCSS)

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NRI Tax Slabs for 2024-25: Old vs. New Regime

Unlike residents for whose tax rates are classified on the basis of age, no such classification is available for Non-Residents.

Hence, for Non-Residents, whether aged
Below 60 Years
Above 60 - 80 Years, and
Above 80 Years
All are taxed uniformly.

The tax slab rates for Non-resident Individuals are:

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Revised Income Tax Slabs for the New Tax Regime

Surcharge Rates for NRI's

• Surcharge Rate is 10% of income tax payable on total income exceeding Rs 50 lakhs but up to Rs 1crore.
• The surcharge Rate is 15% of income tax payable on total income exceeding Rs 1crore but up to Rs 2crore.
• The surcharge Rate is 25% of income tax payable on total income exceeding Rs 2crore but up to Rs 5crore.
• The surcharge Rate is 37% of income tax payable on total income exceeding Rs 5crore.
• The surcharge is subject to marginal relief and is applicable to the income of an NRI as well.

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Rebate u/s 87A

The rebate under section 87A of a maximum of Rs.12,500 is not allowed to a Non-resident.

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What is Form 27Q - TDS on Sale of Property by NRI

Form 27Q is a statement that outlines the Tax Deducted at Source (TDS) on payments excluding salary made to Non-Resident Indians (NRIs) and foreigners. It must be submitted quarterly before the due date.

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Which Form is Applicable on the Sale of Property Below Rs.50 lakhs.?

Buyers are required to deduct TDS when the sale value amounts to Rs 50 lakh or above. According to Section 194-IA of the income tax law, property buyers in India must withhold tax at source (TDS) if the property value exceeds Rs 50 lakh. However, TDS is not applicable on property transactions valued below Rs 50 lakh.

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Benefits of basic exemption limit

As a Non-resident, you still get the benefit of the basic exemption limit of Rs. 2,50,000/3,00,000 from your total income. However, if your total income in India consists of only short-term capital gains or long-term capital gains, then the benefit of the basic exemption limit is not available with respect to such gains.

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7 High-Value Transactions NRIs Must Report to Stay Compliant

• Buying Property
  Purchasing property worth over ₹30 lakh is considered a high-value transaction and must be reported on the compliance portal. This often surprises NRIs investing in Indian real estate, especially those with minimal income in India.
• Paying Credit Card Bills
  Large credit card payments attract scrutiny:
  • Cash Payments: Above ₹1 lakh per year.
  • Bank Payments: Above ₹10 lakh per year.
  Even overseas credit card expenses paid via Indian banks fall under this rule. Non-reporting could lead to inquiries about your fund sources.
• Investing in Stocks and Bonds
  Investments exceeding ₹10 lakh in stocks, mutual funds, debentures, or bonds within a year are flagged. NRIs often assume such investments don't need reporting, but they do—regardless of tenure.
• Depositing Cash in Bank Accounts
  Depositing over ₹10 lakh in cash annually triggers scrutiny. This is common in real estate transactions where partial payments are made in cash. Be prepared to explain the source of funds to avoid suspicion of unreported income.
• Buying or Selling Foreign Currency
  If your foreign currency transactions surpass ₹10 lakh in a year, they’re flagged. NRIs must ensure compliance as these transactions are closely monitored for money laundering or tax evasion concerns.
• Business Cash Transactions
  Running a business in India? Deposits or withdrawals exceeding ₹50 lakh in cash annually from current accounts must be reported. Ensure all cash flow is well-documented to avoid complications.
• Paying Electricity Bills
  Annual electricity bills above ₹1 lakh classify as high-value transactions. NRIs owning property in India might unknowingly cross this threshold, leading to compliance issues.

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How are you taxed when you are a Resident individual on a temporary foreign assignment?

The unprecedented increase in cross-border movement of employees due to the globalized economy has provided Indian professionals with exciting opportunities for overseas assignments. However, it's crucial to consider certain tax aspects before accepting an overseas assignment.

An individual is considered to be a Resident of India if he/she is:

• physically present in India for 182 days or more in that tax year; OR
• physically present in India for 60 days in that tax year and 365 days or more in the preceding four tax years. However, if an Indian citizen leaves India during the previous year for the purpose of employment outside India or as a member of the crew of Indian ship, the period of '60 days' is extended to '182 days'.

Note: The New Income Tax Bill has changed the term “for the purpose of employment outside India” to “for employment outside India.” Due to this, freelancers, job seekers, professionals, and self-employed individuals will no longer be able to enjoy the relaxed residency provisions.

Let's understand with example, Ramesh, who is embarking on his first overseas assignment to the UK for a period of two years. Ramesh departs from India on 1st September 2008. Prior to this assignment, Ramesh has been residing in India and dutifully filing his Indian tax returns.

Given Ramesh's situation, if he has been physically present in India for less than 182 days during the tax year 2008-2009 (i.e., from 1st April 2008 to 31st March 2009), he should qualify as a non-resident in India. Consequently, only income received or deemed to be received in India and income sourced within India would be subject to taxation in India for Ramesh.

This means that the salary and allowances Ramesh receives during his overseas assignment in the UK would not be subject to Indian taxation unless they are directly received or sourced in India.

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How are you taxed when you are a Resident individual recently moved abroad?

Resident individuals who recently moved to abroad will pay tax on income that is earned, received, or deemed to be received in India. This includes Income from salaries or wages, house property, capital gains on transfer of assets situated in India, business or profession controlled or set up in India or any other source in India. The tax rates applicable to these individuals who moved to abroad on income sourced in India are different from those applicable to residents. These individuals earning income in India generally need to file an income tax return if their total income in India exceeds the basic exemption limit. The due date and forms for filing the return may vary based on the nature and quantum of income.

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How are you taxed when you are a Living in a foreign country

An NRI's income taxes in India depend on their residential status for the year according to Indian income tax rules. If you are classified as a 'resident' in India, your global income will be taxable in India. However, if your status is that of an 'NRI,' only the income earned or accrued in India will be taxable in India.

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How are you taxed when you are a NRI recently moved back to India

Returning NRIs assume RNOR (Resident, Non-Ordinary Resident) status under specific conditions:

1. Duration of NRI Status: They must have been an NRI for 9 out of the 10 financial years preceding the year of their return to India.
2. Residency Period in India: Upon their return, they must have lived in India for 2 years or less (equivalent to 729 days or less) in the last 7 financial years.

The Income Tax Department allows RNORs to retain certain exemptions available to NRIs for a period of 2 years after their return. This means that deposits held in foreign currency, which are exempt from tax for NRIs, remain exempt for returning NRIs during this 2-year transition period. However, after this transitional period ends, returning NRIs are treated as resident individuals for tax purposes.

This transitional period provides returning NRIs with some time to adjust to the tax regulations applicable to resident individuals, allowing for a smoother transition.

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Which ITR form is applicable to the NRI assessee?

"Till AY 2017-18 Non-Resident Individual (NRI) Assessee could file ITR 1 for their income earned or accrued in India. From the FY 2018-19 and 2019-20, amendments has been made in the eligibility to file form ITR 1. Now, ITR 1 can only be filed by Resident Individuals and is not available for non-ordinary residents.

This means a non-resident Individual (NRI) has the option to file either of these two ITR forms ITR 2 or ITR 3

ITR 2 can be filed in case the NRI has income other than income from Business and profession. Such other income can include income from rent received in India, interest income received, capital gains arising from share trading or sale of property located in India, etc.

ITR 3 is required to be filed in case NRI is receiving any income in India from Business or Professional activity being carried out in India.

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Benefits of filing Income Tax Return in India for NRIs

Filing Income Tax Return timely offers these benefits to NRIs:-

• Maintain Consistency in Tax Records
• Claim Foreign Tax Credit (FTC)
• Claim TDS/Tax Refunds
• Build Creditworthiness
• Easier Visa Application/Renewal

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Documents required for filing ITR in India for NRIs

• PAN Card
• Passport (for citizenship verification)
• Form 16 (if employed in India)
• Bank Account Details
• Property Documents (if owning in India)
• Rent Receipts (if renting out property)
• Investment Statements
• Foreign Income Details

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When is the last date for NRIs to file an income tax return in India?

Under Section 139, for Non-Resident Individuals, the 31st of July of the assessment year is the due date for filing a return of income tax in India.

But if the NRI is a working partner of a firm whose accounts are required to be audited, then the due date becomes 30th September. To file IITR as an NRI, you can connect with tax2win here.

For non-resident Indian (NRI) citizens, it's important to file annual income tax returns in India if you have taxable income such as rental income, capital gains, or business income. File on time to avoid penalties. Report all Indian income and assets accurately to stay compliant with tax laws. If you remit money abroad, use Form 15CA and Form 15CB. Check Double Taxation Avoidance Agreements (DTAA) with your country of residence to avoid double taxation.

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Do NRIs have to pay advance tax?

Yes. Even Non-Resident Indians come under the ambit of Advance tax. Advance tax is paid in the financial year/previous year on the basis of estimated tax liability for the year. If the tax liability is higher than Rs.10,000 then the assessee is required to pay his advance tax liability in four installments as mentioned in the Act.

In case of failure to pay advance tax on the specified due dates or on payment of less advance tax than the actual tax liability, interest under Section 234B & Section 234C is levied on the taxpayer.

The due dates and the amount payable of advance tax are:

Want help with advance tax payment dues and filing, book online CA appointment.

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Why should NRI file an Income Tax Return in India?

• To get a tax refund of NRI TDS deducted
• Serve as an Income Tax Proof of the residential status of a person.
• To avail of loans, credit cards, and term insurance policies.
• If NRI has short-term or long-term capital gains from any investment or assets held in India.

File your NRI taxes hassle-free—connect with our experts from anywhere in the world.

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Income Tax Rules for NRIs: Remittances, Gifts, Inheritance, and Foreign Assets

NRI taxation can be complex, especially when dealing with financial transactions and assets across borders. Here's a breakdown of the tax implications for common scenarios:

Remittances:

Tax-free: Remittances for personal use within the Liberalised Remittance Scheme (LRS) limit of USD 250,000 per year are tax-free.

TCS (Tax Collected at Source): Remittances exceeding INR 7 lakh per year attract a 5% TCS, which can be claimed as a credit against future tax liability.

Income tax: Remittances from business income, salary, or other taxable sources in India are subject to income tax based on the NRI's tax residency status and income slab.

Gifts:

Gifts from resident Indians (RIs) to NRIs: Tax-free unless exceeding INR 2 lakh (penalty applies).

Gifts from NRIs to RIs: Taxable for the receiver if exceeding INR 50,000 (added to total taxable income).

Gifts from NRIs to NRIs: Generally tax-free unless through illegal sources or exceeding USD 250,000 per year (LRS limit).

Inheritance:

Inheritance of movable assets (e.g., shares, bank deposits): No inheritance tax in India.

Inheritance of immovable assets (e.g., property): No tax on inheritance itself, but capital gains tax may apply upon sale, subject to indexation benefits.

Remittance of inheritance proceeds: Limited to USD 1 million per financial year under LRS.

Foreign Assets:

Income from foreign assets: Taxable in India if exceeding the basic exemption limit (currently INR 2.5 lakh for NRIs) and not exempt under DTAA provisions.

Capital gains from foreign assets: Generally taxable in India if accrued after becoming an NRI, unless exempt under DTAA provisions.

Reporting requirements: NRIs are required to disclose details of foreign assets in their Indian income tax returns.

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How to File Income Tax Returns as an NRI: A Step-by-Step Guide

Tax2win tax experts help you NRIs file their ITR easily and accurately with the help of tax experts. A dedicated tax expert and dashboard is provided to you to upload your documents and directly connect with your expert for any queries. The expert make sure all deductions and exemptions are claim while filing your ITR so that there is maximum saving. Connect your tax expert here.

Being an NRI (Non-Resident Indian) comes with specific tax filing requirements. Here's a step-by-step guide to help you navigate the process:

Step 1: Determine Your Residential Status

The first step is to confirm your residential status for tax purposes. You're considered an NRI if you spend less than 182 days in India during a financial year.

Step 2: Reconcile Income & Taxes with Form 26AS

Form 26AS is a crucial document that shows your tax deducted at source (TDS) on various income sources. Reconcile the information in Form 26AS with your actual income to ensure everything is accurate.

Step 3: Ascertain Taxable Income and Tax Liability

Calculate your total taxable income from all sources in India, including salary, rental income, capital gains, etc. Remember, some income might be exempt under tax treaties or specific categories.

Step 4: Claim Double Taxation Treaty Relief (DTAA)

If you have paid taxes abroad on income earned in India, you can claim relief under a Double Taxation Avoidance Agreement (DTAA) between India and your country of residence.

Step 5: Choose the Right ITR Form

NRIs typically cannot file ITR-1 anymore. Depending on your income sources, you might need to file ITR-2, ITR-3, or another applicable form.

Step 6: Gather Necessary Documents

Collect documents like Form 16 (salary income), rent receipts (rental income), capital gains statements, bank account details, and TDS certificates.

Step 7: File Your ITR Online

The Income Tax Department website (https://www.incometax.gov.in/iec/foportal/) allows online filing of ITRs. Use the relevant ITR form and upload the required documents.

Step 8: Verify Your ITR Filing within 30 days of filing ITR

There are two ways to verify your ITR filing:

• Electronically using Aadhaar or digitally signed verification.
• Physically by sending a signed copy of the ITR-V form to the Income Tax Department.

Additional Points to Remember

• Exempt Income: Declare any exempt income like interest on NRE accounts, dividends on shares, etc., in the designated section of the ITR.
• Bank Account Details: Disclose details of your foreign bank accounts if you're claiming a tax refund.

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Double Taxation Avoidance Agreement (DTAA): A Lifeline for NRIs

India has Double Taxation Avoidance Agreements (DTAAs) with several countries to prevent double taxation for NRIs. Under these treaties, NRIs can claim relief or credit for taxes paid in India on income that is also taxable in their home country.

A Double Taxation Avoidance Agreement (DTAA) is a treaty signed between two countries to prevent residents of one country from being taxed twice on the same income earned in the other country. This is crucial for individuals like NRIs (Non-Resident Indians) who may work abroad and earn income in their country of residence while still maintaining ties to India. Without a DTAA, they could face the double whammy of paying taxes in both countries on the same income.

A Double Taxation Avoidance Agreement (DTAA) is a treaty between two countries aimed at preventing residents from being taxed twice on the same income. This is crucial for NRIs who work abroad but maintain ties to India. Without a DTAA, they could face double taxation on their income.

Here's how a DTAA benefits NRIs:

• Tax Relief: DTAAs specify which country has primary taxing rights on various types of income. For instance, income from employment is typically taxed where the work is done, while dividends and interest may be taxed in the country of residence. This prevents NRIs from being taxed twice on the same income, reducing their overall tax burden.
• Clarity and Certainty: DTAAs provide clear rules on where income is taxed, reducing uncertainty and potential disputes with tax authorities. This helps NRIs comply with tax laws in both countries.
• Promotion of Investment and Trade: By eliminating double taxation, DTAAs encourage cross-border investment and trade, potentially creating more business opportunities and jobs for NRIs.
• Enhanced Tax Cooperation: DTAAs often include provisions for sharing tax-related information between countries, aiding in the fight against tax evasion and ensuring fair tax compliance.

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How NRIs Can Avoid Double Taxation Under DTAA

Double Taxation can occur when an individual is taxed in both the country of residence and the source country. The Double Taxation Avoidance Agreement (DTAA) provides methods for NRIs to mitigate this issue. The following methods are commonly used:

1. Exemption Method

Under the Exemption Method, the country of residence exempts income earned in a foreign country from taxation. This means that the income is taxed only in one country. However, countries like the United Arab Emirates, Libya, and Greece may still charge taxes on specific types of income, such as:

• Technical service fees
• Dividends
• Interest
• Royalty income

2. Deduction Method

In the Deduction Method, taxes paid in the source country are deducted from the total global income of the taxpayer. The tax is then calculated based on the remaining income (residual income). Standard deductions that can be considered include:

• Mortgage interest
• Retirement policy contributions
• Medical expenses
• Education loan interest

3. Tax Credit Method

The Tax Credit Method allows income earned in the source country to be included in the taxpayer’s total taxable income. However, a tax credit is allowed for taxes already paid in the source country, thus reducing the tax burden. There are several types of tax credits under this method:

• Ordinary Credit Method
• Underlying Tax Credit Method
• Tax Sparing Credit

Each of these methods helps NRIs avoid being taxed twice on the same income, ensuring a more equitable tax treatment across countries.

NRI tax filing can be daunting, especially if you're unfamiliar with the tax rules and procedures. Therefore, it is better to seek help from professionals. Tax2win’s experts can not only help you file your ITR accurately but also maximize your tax refund and avoid penalties and notices. Book Online CA Now!

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