NRI Income Tax e-Filing in India

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Frequently Asked Questions (FAQ's)

Who is a Non- Resident of India (NRI)?

"Non-Resident" is a person who is not Resident in India. The residential status of an individual in a given year determines whether the individual is Resident or Non-Resident for that given year.Thus, the residential status of an individual needs to be determined every year. For more details, read.

How to determine my Residential Status in India?

You are considered as "Resident in India" for a financial year if you stayed in India -

  • for a period of 182 days or more during the Financial year; Or
  • for 60 days in the financial year and for a total of 365 days in the preceding 4 years.
There are certain exceptions to the above condition of 60 Days i.e. only the test of first condition is done in these cases:
  • If you are an Indian citizen who has left India in the financial year as a crew member of an Indian ship or for the purposes of employment abroad; or
  • If you are a Person of Indian Origin(PIO) or a citizen of India who comes on a visit to India;

Therefore, you are a Non-Resident if you do not fulfil any of the above conditions.

Do NRI’s have to pay taxes in India?

The answer is YES. After you have determined your residential status, the next step is to identify whether your income is taxable or not in India as per your residential status determined under Income Tax Act,1961.

  • For Resident Individuals: Your Global income is taxable in India i.e. income earned whether in India or outside India is taxable in India.
  • For Non-Resident Indians: Only income earned or accrued in India or deemed to be so is taxable in India. Therefore, your income from any country besides India is not taxable in India.

I am a non-resident. Under what conditions do I need to file my Income Tax Return in India?

Generally, you need to file your Income Tax Returns if:

  • Your total income earned or accrued in India exceeds the basic exemption limit of ₹ 2,50,000;
  • You have a refund for excessively deducted TDS on Interest, Rent etc;
  • You want the benefit of carrying forward of losses or want to set off your losses with gains;

Should I be present in India at the time of filing of my ITR?

No. You are not required to be physically present to file & verify your income tax returns. You can file income tax return online from anywhere in the world. You can now e-verify your ITR from anywhere . You can send signed copy of ITR-V to the CPC Income Tax Department, Bengaluru or e-verify the same within 120 days from the date of filing your ITR.

I am a non-resident, will I get the benefit of basic exemption limit?

Yes. The basic exemption limit is available to a non-resident as well. However, if your income consists of Short Term Capital Gains [section 111A] or Long Term Capital Gains only, then such exemption is not available as they are taxed at special rates. Similarly, if your income is only from such other incomes which are taxed at special rates like Winning from lottery, then basic exemption limit will not be available.

What are the deductions which are allowed and not allowed to NRI?

Deductions Allowed Deductions Not Allowed
Sec 80C
  • LIC premium
  • Tuition Fees
  • Principal repayment of home loans
  • Unit Linked Insurance Plan (ULIP)
  • Equity Linked Tax Saving Scheme (ELSS)
Sec 80C
  • Investment in Public Provident fund (PPF) (Not allowed opening a new PPF account. However, PPF account opened while you are a resident is allowed to be maintained.)
  • Investment in National Saving Certificate (NSC)
  • Post Office 5 year Deposit scheme
  • Senior citizen savings scheme
Sec 80D-

Medical Insurance

Sec 80CCG-

Investment in Rajiv Gandhi Equity Saving Scheme (RGESS)

Sec 80E-

Interest paid on Education loan

Sec 80DD-

Deduction for maintenance including medical treatment of dependant handicapped as defined under the section

Sec 80G-

Payments made in the form of eligible Donations

Sec 80DDB-

Deduction for medical treatment of dependant handicapped (as certified by a prescribed specialist)

Sec 80TTA-

Interest on Savings Bank Account

Sec 80U-

Deduction allowed to a taxpayer who himself suffers from disability

What will be taxability of rental income from property situated in India ?

Rental income from property in India is considered as income accrued in India and taxable in India irrespective of residential status. Thus, rental income is taxable for NRI. Basic exemption limit of Rs. 2.5 lakh is applicable on this.

I am an NRI, am I required to Pay Advance Tax?

Yes,If your tax liability is ₹ 10,000 or more in a financial year, then you are required to pay advance tax. Advance Tax has to be paid quarterly as per the given due dates. If however, you fail to pay advance tax as per the due dates given by the government, then interest under Section 234B and Section 234C will be applicable.

I have a property in India that I want to sell. What are the tax implications on the same if I am an NRI?

In case your property is 3 years (2 years from F.Y 2017-18) old, then long term capital gain will arise on the event of sale. On such gains, tax is payable @ 20% .However, you can reduce your tax liability using investment options given under various provisions to save yourself from payment of capital gain tax.

Tax implications for NRIs are also applicable in the case of inheritance. In case the property has been inherited, remember to consider the date of purchase of the original owner for calculating whether it’s a long term or a short term capital gain. In such a case the cost of the property shall be the cost to the previous owner.

I am an NRI living in Canada, and have sold some shares. I purchased them 1.5 years ago by paying STT on the same. Am I required to pay any more tax on them?

Profit/Loss arises on shares sold after 12 months from the date of purchase are long term in nature. In case, there is a profit and STT is paid then, the profit is fully tax-free as per section 10(38) of Income Tax Act,1961. Please check if there is a limit of 1 lakh

I am an Indian resident taking up employment abroad. I want to know whether I am eligible to claim exemption of income under NRI category.

As per the tax laws in India, you need to first determine your residential status. If you fall under the Non Resident category then all the provision which are applicable to a Non Resident will be applicable on you as well. Thus if, your overseas income is transferred to your NR account in India, then it will not be taxable, if your residential status is NRI.

What will be Taxability of Income from NRE Account ?

Any interest earned on the deposit in an NRE account is exempt under section 10(4)(ii) for an individual who is a ‘person resident outside India’ as per the FEMA,1999, or who is a person permitted by the Reserve Bank of India to maintain the aforesaid account. Thus, if you are NRI & permitted to open such account, your interest income is completely tax-free.But when you become a Resident – then interest earned on NRE accounts shall be taxable for you.

What will be Taxability of Income from NRO Account ?

The interest earned on any type of NRO bank account is taxable.

What will be Taxability of Income from FDR Interest ?

Interest earned on NRE fixed deposit is tax-free in India. However, Interest from FD in NRO account taxable in hands of NRI.

How i can get the refund of my taxes deducted ?

By Filing income tax return you can claim refund of excess tax paid .

How much foreign income is taxable?

Income earned and recieved outside India is not taxable in India. However, any income earned or accrued or recieved in India is taxable as per income tax slab rate.

What is the role of Double Taxation Avoidance Agreement(DTAA)?

Double Taxation Avoidance Agreement or DTAA is an agreement entered between two countries which aims to avoid taxation of the same income in both countries. For claiming the DTAA benefit in India assessee needs to present Tax Residency Certificate. Tax Residency Certificate can be obtained by the assessee from the government of the country in which NRI resides. To know more click here

What is Income tax rate for NRI?

Income tax slab rate for NRIs is same as Slab rate for individuals. However, NRIs do not get slab benefit for senior and super senior citizens.

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