NRI Defination under the Income Tax Act.
|
INDIVIDUAL
RESIDENT : An individual is treated as
'resident', if he/she stays in India during the tax year
: |
| In case of an INDIAN CITIZEN who
leaves India during the previous year for the employment
abroad or as a member of crew of an India ship |
In case of
an INDIAN or a person of INDIAN
ORIGIN but citizen of other country |
In case of a NON-INDIAN CITIZEN (not a
person from (1) or (2). |
| (1) |
(2) |
(3) |
| a. atleast
182 days in India. |
a. atleast
182 days in India. |
a. at
least 182 days in India.
OR
b.
Present in India at least 60 days during the tax year and 365
days during 4 years immediately preceding tax year.
(any one of two conditions is
sufficient) |
RESIDENT AND ORDINARY RESIDENT :
A
resident individual as decided above is deemed to be
'ordinarily resident' in a tax year if both
of following conditions are satisfied.
1. he has been resident in
India for nine out of the previous ten years
and
2. he has been in India
for a total of 730 days or more in the previous seven
years.
Residents not satisfying these conditions
are considered 'not ordinarily resident'. Different scopes of income
are within the Indian tax net, depending on a tax payer's
residential status.
A
company is characterised normally as an Indian
resident when its control and management is situated wholly in
India. However, a company incorporated in India qualifies as
resident in India.
A
Partnership firm is treated as resident in India,
even if part of its control and management is situated in
India.
