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  • January 09, 2025

Income Tax for NRI

 

We all know that taxes collected from citizens are the foundation of the Indian economy. NRI taxation under the Indian Income Tax Act, 1961 applies to those earning income outside the home country. The income tax rules and perks allowed to them are drastically different from those applicable to resident Indians.

 

Who is Non-Resident Indian :-

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. This is determined by an individual stay in India during a financial year (182 days or more makes him a resident) or over the past four years (60 days or more in a year and 365 days or more total). 

 

How Do I Determine My Residential Status :-

You are considered an Indian resident for a financial year if you satisfy any of the conditions below:

  1. When you are in India for 182 days or more during the financial year
  2. You have been in India for 60 days or more in the previous year and have lived for 365 days or more in the last four years of the previous year.

Note: If you are an Indian citizen working abroad or a crew member on an Indian ship, only the first condition is available to you – which means you are a resident when you spend at least 182 days in India.

The same applies to a Person of Indian Origin (PIO) who visits India during the previous year and whose total income (excluding foreign sources) is less than or equal to 15 lakhs. The second condition does not apply to these individuals. A PIO is a person whose parents or any of his grandparents were born in undivided India.  

If you do not meet any of the above conditions, you are a Non-Resident Indian.  

 

Resident but Not-Ordinary Resident (RNOR) definition amended :-

Individuals will be considered as RNOR for the year if they meet the following conditions:-

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

Note: The Finance Act 2020 has amended the residency provisions to include Indian Citizen/Person of Indian Origin, who comes to visit India and shall now be considered as RNOR subject to the following conditions:

  • Total income other than foreign income is Rs 15 lakh or more
  • The individual has stayed in India for more than 120 days but less than 182 days in the previous year
  • The individual has stayed in India for 365 days or more in four years preceding the previous year

Before this amendment, such individuals were classified as non-residents. Due to the amendment mentioned above, the individual’s residential status may be classified as RNOR, which will lead to loss of DTAA benefits, increased scope of total income for taxability, loss of various exemptions allowed, etc.

It is to be further noted that in the above amendment, an individual staying for more than 182 days shall be classified as a resident irrespective of the level of income in the previous year. 

 

Deemed residency status introduced in Finance Act 2020 :-

Finance Act 2020 introduced the concept of ‘Deemed residency’. According to this, Citizens of India earning more than Rs 15 lakh from Indian sources shall be deemed a resident of India if they are not liable for payment of taxes in any other country.

The deemed residents shall be classified as RNOR with effect from the financial year 2020-21. This amendment was brought into force to tax the incomes of Indian citizens who are not liable to pay tax in any country. 

 

Special relief due to COVID lockdown

For FY 2019-20, if individuals have come to India on a visit before 22nd March 2020 and they are:

  • Unable to leave India because of lockdown on or before 31st March 2020– the period of stay from 22nd to 31st March shall not be considered.
  • Quarantined due to COVID-19 on or after 1st March 2020 and departed on an evacuation flight on or before 31st March 2020, or unable to leave India-the period of stay from the beginning of quarantine to 31st March shall not be considered.
  • Departed on an evacuation flight on or before 31st March 2020– the period of stay from 22nd March 2020 to the date of departure shall not be considered.

 

Do NRI Have to File Income Tax Returns in India :-

Yes, an NRI has to file an income tax return in India on income earned in India. NRIs have to pay tax on income that accrues or arises in India. NRIs also need to pay tax on income that is deemed to accrue or arise in India. Money received or deemed to be received in India is taxable. It's essential for NRIs to comply with tax regulations in India, and seeking assistance from tax experts can certainly simplify the process.

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

 

Taxable Income for an NRI :-

When you receive it in India, your salary income is taxable, or someone does it on your behalf. Therefore, if you are an NRI and receive your salary directly to an Indian account, it will be subject to Indian tax laws. This income is taxed at the slab rate you belong to. 

Income from salary:

Income from salary will be considered to arise in India if your services are rendered in India.

So even though you may be an NRI, if your salary is paid towards services you provide in India, it shall be taxed in India immaterial of the place where you are receiving the income.

Suppose your employer is the Government of India and you are a citizen of India. In that case, if your service is rendered outside India, your income from salary shall be taxable in India.

Note that the income of Diplomats and Ambassadors are exempt from tax. For instance, Ajay was working in China on a project from an Indian company for 3 years. Ajay needed the salary in India to take care of his family’s needs and make payments towards a housing loan. However, since the salary received by Ajay in India would have been taxed as per Indian laws, Ajay decided to receive it in China. 

Income from house property:

Income from a property that is situated in India is taxable in the hands of an NRI.

The calculation of such income shall be in the same manner as applicable to a resident. This property may be rented out or lying vacant. An NRI can claim a standard deduction of 30%, deduct property taxes, and benefit from an interest deduction from a home loan. The NRI is also allowed a deduction for principal repayment under Section 80C. Stamp duty and registration charges paid on purchasing a property can also be claimed under Section 80C.

Income from house property is taxed at slab rates as applicable.

For instance, Nandini owns a house property in Goa and has rented it out while she lives in Bangkok. She has set up the rent payments to be received directly in her bank account in Bangkok. Nandini’s income from this house which is located in India, shall be taxable in India. 

Rental payments to an NRI:

A tenant who pays rent to an NRI owner must remember to deduct TDS at 30% while paying rent.

The income can be received to an account in India or the NRI’s account in the country they are currently residing in.

(For instance, Maria pays a monthly rent of Rs 30,000 to her NRI landlord. She must deduct 30% TDS or Rs 9,000 before transferring the money to the landlord’s account. Maria must also get a Form 15CA prepared and submit it online to the income tax department. A person making a remittance (a payment) to a Non-Resident Indian has to submit Form 15CA. This form has to be submitted online. In some cases, a certificate from a chartered accountant in Form 15CB is required before uploading Form 15CA online. In Form 15CB, a CA certifies details of the payment, TDS rate, and TDS deduction as per Section 195 of the Income Tax Act, any DTAA (Double Tax Avoidance Agreement) applicable, and other details of nature and purpose of the remittance.)

Form 15CB is not required when:

  • Remittance does not exceed Rs 5,00,000 (in total in a financial year). Only Form 15CA has to be submitted in this case.
  • If lower TDS has to be deducted and a certificate is received under Section 197, lower TDS has to be deducted by order of the AO.
  • Neither is required if the transaction falls under Rule 37BB of the Income Tax Act, listing 28 items.

In all other cases, if there is a remittance outside India, the person asking for the remittance should take a CA’s certificate in Form 15CB. After receiving the certificate, submit Form 15CA to the government online. 

Income from other sources:

Interest income from fixed deposits and savings accounts held in Indian bank accounts is taxable in India. Interest on NRE and FCNR accounts is tax-free. Interest on NRO accounts is fully taxable. 

Income from business and profession:

Any income earned by an NRI from a business controlled or set up in India is taxable to the NRI. 

Income from capital gains:

Any capital gain on transfer of capital asset which is situated in India shall be taxable in India.

Capital gains on investments in Indian shares, securities shall also be taxable in India. If you sell a house property and have a long-term capital gain, the buyer shall deduct TDS at 20%. However, you can claim capital gains exemption by investing in a house property as per Section 54 or investing in capital gain bonds as per Section 54EC. 

Special provision related to investment income:

When NRIs invest in certain Indian assets, they are taxed at 20% on the income earned. If the special investment income is the only income the NRI has during the financial year and TDS has been deducted, then such an NRI is not required to file an income tax return. 

 

Deductions and Exemptions for NRIs :-

Similar to residents, NRIs are also entitled to claim various deductions and exemptions from their total income. These have been discussed here: 

Deductions under Section 80C :=

Most of the deductions under Section 80 are also available to NRIs. For FY 2023-24, a maximum deduction of up to Rs 1.5 lakh is allowed under Section 80C from gross total income for an individual. 

Allowable deductions to NRI under Section 80C:

  1. Life insurance premium payment: The policy must be in the NRI’s name or in the name of their spouse or any child’s name (child may be dependent/independent, minor/major, or married/unmarried). The premium must be less than 10% of the sum assured.
  2. Children’s tuition fee payment:Tuition fees paid to any school, college, university or other educational institution situated within India for full-time education of any two children (including payments for play school, pre-nursery and nursery).
  3. Principal repayments on loan to purchase house property: Deduction is allowed to repay the loan taken for buying or constructing residential house property. The deduction is also allowed for stamp duty, registration fees and other expenses to transfer such property to the NRI.
  4. Unit-Linked Insurance Plan (ULIP):ULIP is sold with life insurance cover for deduction under Section 80C. It Includes contribution to the unit-linked insurance plan of LIC mutual fund, e.g. Dhanraksha 1989 and contribution to other units-linked insurance plans of UTI.
  5. Investments in ELSS:ELSS has been the most preferred option in recent years as it allows you to claim a deduction under Section 80C up to Rs 1.5 lakh, it offers the EEE (Exempt-Exempt-Exempt) benefit to taxpayers and simultaneously offers an excellent opportunity to earn as these funds invest primarily in the equity market in a diversified manner. 

Other allowable deductions :=

Besides the deduction that an NRI can claim under Section 80C, they are also eligible to claim various other deductions under the income tax laws, which have been discussed here:

Deduction from house property income for NRIs :=

NRIs can claim all the deductions available to a resident, including parents’ insurance deductions from income from house property for a house property purchased in India. Deduction towards property tax paid and interest on home loan deduction is also allowed.

Deduction under Section 80D :=

NRIs are allowed to claim a deduction for the premium paid for health insurance. This deduction is available up to Rs 25,000 in the case for insurance of self, spouse, and dependent children. In addition, an NRI can also claim a deduction for parents’ insurance (father or mother or both) up to Rs 25,000.

However, the deduction limit is set up to Rs 50,000 if the insurance premium is paid for resident senior citizens (self, family and parents). Hence, insurance premium paid for senior citizen NRIs cannot be claimed under Section 80D.

Within the existing limits allowed, a deduction of up to Rs 5,000 for preventive health check-ups are also available. Moreover, medical expenditure of up to Rs 50,000 incurred for resident senior citizens can also be claimed within the existing limits of Section 80D. However, the person on whom the medical expenditure is incurred should not be covered under any health insurance policy.

Deduction under Section 80E :=

Under this section, NRIs can claim a deduction of interest paid on an education loan.

This loan may have been taken for higher education for the NRI, NRI’s spouse, children, or 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 eight years or till the interest is paid, whichever is earlier. The deduction is not available on the principal repayment of the loan.

Deduction under Section 80G :=

NRIs are allowed to claim a deduction for donations for social causes under Section 80G.

Deduction under Section 80TTA :=

Non-resident Indians can claim a deduction on income from interest on savings bank accounts up to a maximum of Rs 10,000 like resident Indians.

This is allowed on deposits in savings accounts (not time deposits) with a bank, co-operative society or post office and is available starting FY 2012-13.

 

Deductions not allowed to NRIs :-

Some investments under Section 80C:

  • Investment in PPF is not allowed (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)

Deduction for the differently-abled under Section 80DD :=

Deduction under this section is for maintenance, including medical treatment, of a handicapped dependent (a person with a disability as defined in this section). Such deduction is not available to NRIs.

Deduction for the differently-abled under Section 80DDB :=

Deduction under this section towards medical treatment of a dependent who is disabled (as certified by a prescribed specialist) is available only to residents.

Deduction for the differently-abled under Section 80U :=

Deduction for disability where the taxpayer himself has a disability as defined in the section is allowed only to resident Indians.

 

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.

Note: The maximum surcharge shall be 25% under the new tax regime.

Rebate u/s 87A

The rebate under section 87A is not allowed to a Non-resident under both the regimes 

 

Benefits of filing Incom Tax Return in India for NRIs :-

The last date to file ITR for FY (2023-24) AY (2024-25) is 31st July 2024. 

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


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.

 


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