Residential Status Under Income Tax Act

Under Section 6(1) of the Income Tax Act, an individual’s residential status depends on how many days they stay in India during a financial year. This status isn’t just a label—it directly impacts your tax liability.

• Residents are taxed on global income.
• Non-residents are taxed only on income earned in India.

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Key takeaways

• Section 6(1) of the Income Tax Act defines an individual's residential status.
• An individual is a resident if they stay in India for 182+ days in a year, or 60+ days in the current year and 365+ days in the last 4 years.
• Residents are taxed on their global income, while non-residents are taxed only on income earned in India.
• Understanding residential status is crucial for accurate tax filing and compliance.
• The residential status determines the tax obligations of an individual.

Meaning and importance of Residential Status

Residential status refers to how the Income Tax Act classifies an individual based on their stay in India. You can be:

• Resident
• Resident but Not Ordinarily Resident (RNOR)
• Non-resident (NR)

Why does this matter? Because it decides how much of your income gets taxed. For instance, a resident must declare and pay tax on global earnings, while a non-resident pays only on Indian income.

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Residential status under Income Tax Act

Section 6(1) lays down clear conditions:

• Resident: Stayed in India for 182+ days in the year, or 60+ days this year plus 365+ days in the last 4 years.
• Non-Resident (NR): Fails to meet the above conditions.
• Resident but Not Ordinarily Resident (RNOR): Meets residency but was not a resident in 9 out of the last 10 years.

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Residential status for Income Tax

The distinction has direct implications on tax liability:

• Residents: Taxed on both Indian and foreign income.
• Non-Residents: Taxed only on income earned in India.
• RNOR: Income from India is taxable, while most foreign income is exempt.

This classification also affects access to exemptions and deductions, such as those under Section 80C.

The Act provides three key tests:

1. Basic Conditions

   • Stay of 182 days+ in a financial year, OR

   • Stay of 60+ days in current year + 365+ days in previous 4 years.

   • Exception: For Indian citizens visiting India with income above Rs. 15 lakh, the 60-day limit extends to 182 days.

2. Additional Conditions for ROR

   • Resident in at least 2 of last 10 years, and

   • Stay of 730+ days in last 7 years.

3. Non-Resident

   • Fails to meet any of the above.

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Also Read: Tax Deductible Interest

Exceptions to residential status

Certain exceptions are built into the law:

• Resident: If conditions of 182+ days or 60+60+365 are met.
• Non-Resident: If neither of these are satisfied.
• RNOR: If the person is resident but hasn’t stayed in India for 9 out of 10 years.

Impact on taxation:

• Residents: Global income taxed.
• Non-residents: Only Indian income taxed.
• RNOR: Limited tax scope, mostly India-based income.

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Also Read: What is a foreign source of income

What are the steps required to calculate the residential status of an individual?

First, determine whether the individual falls under any exception categories related to the basic residential conditions.

Next, check if the individual meets the basic condition of staying in India for 182 days or more during the relevant financial year. If this condition is satisfied, the person is considered a resident; otherwise, they are treated as a non resident.

If the individual does not meet this criterion, apply the alternative basic conditions. If any of these conditions are fulfilled, the individual will be classified as a resident for tax purposes.

Conclusion

Your residential status under the Income Tax Act determines whether you’ll pay tax on global income or only Indian earnings. With categories like Resident, Non-Resident, and RNOR, it ensures fair taxation based on presence in India.

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