Taxation for NRI in India

Going through the maze of taxation for NRI in India can get cumbersome and overwhelming, more so with the recent changes introduced in Budget 2024. Being an NRI, it becomes very important to understand how your income is going to be taxed, whether it be from India or any foreign country. Your residential status is the key factor that determines your tax liabilities. For example, any income received or generated in India, like rent from property or dividends from Indian companies, is generally taxable, while foreign income may be exempt, depending on your status as a resident. Besides, knowing your obligations regarding income tax return filings in India will help you avoid penalties and other legal issues. This guide on tax for NRI income in India will walk you through the important aspects, from determining your residency status to filing returns and claiming benefits under double taxation treaties.

The Income Tax Act of India outlines specific criteria to help you determine whether you are considered a resident, non-resident, or resident but not ordinarily resident for tax purposes. This is important because your residential status determines your tax liabilities, including the type of income that will be taxed and the kind of income that will be exempt. Thus, determining your residential status is integral before paying your NRI tax in india.

For residents in india

You are classified as a resident in India if you meet either of the conditions as outlined below:
 

• If you have been physically present in India for 182 days or more during the financial year (April 1st to March 31st), you are considered a resident. This is the most straightforward condition and applies to both citizens and foreigners.
• You are also considered a resident if you were in India for at least 60 days during the current financial year and 365 days in the preceding four years combined. This criterion usually applies to those who frequently travel in and out of the country.
   

Being classified as a resident means that your global income is taxable in India. For example, if you work in another country and remit money made from employment into an Indian bank account, this will be considered taxable. The same will apply to income generated from property, investment, or business situated elsewhere than in India.

For Non-resident indian (NRI)

In short, If you spend less than 182 days in India during the financial year, you are classified as an NRI. This is also a common status among Indians who dwell and often work abroad but frequently visit India. This basically means that only what you earn or receive here in India is subject to tax if you are an NRI. For example, if you have a rental property in India, the rental income would be taxed, but not your salary earned abroad. Again, if you have some investments in Indian stocks or mutual funds, capital gains from those investments would automatically be subjected to Indian taxation policies. While this may be the general rule, any income that is earned in your country of residence is not taxable in India, unless it is received directly in an Indian bank account.

Annual determination of residential status

Your residential status is not a one-time classification. It is scheduled to be determined every financial year. This annual assessment is key because even a slight change in the number of days you spend in India can alter your status and your tax obligations. For instance, if you were classified as an NRI in one financial year but spent more than 182 days in India the following year, your status would change to resident and you would need to pay taxes accordingly on your global income. Above all, this determination ensures that you pay only the correct taxation for NRI in India.

Filing taxation for NRI in India involves a few simple steps to ensure compliance with Indian tax laws. Determination of residential status, computation of taxable income from different sources, and reliefs under double taxation treaties are part of it. With each of these steps, care and accurate reporting are important in avoiding legal issues and optimizing your tax obligations. Here is a detailed look at how to approach each of these key steps effectively.

Determine your residency status

The very first step toward filing income tax as an NRI is to determine your residential status since it affects which incomes are taxable. According to the Income Tax Act, you are considered a resident if you have spent 182 days or more in India in the financial year, or 60 days in the financial year and 365 days in the preceding four years. In the event that one does not fulfill these conditions, then one is considered an NRI. For example, suppose that you are working in the US and come back to India for only 100 days in the year then you would be considered an NRI. Depending on your status, you may have to disclose either only the income generated within India or your global income.

Determine your taxable income

After establishing your residential status, you will have to calculate your taxable income. In the case of NRIs, only the income that is received or deemed to be received in India is subject to tax. These would include salaries from Indian employers, rent received from properties in India, and capital gains on selling any investments such as Indian stocks or mutual funds. It means that if you have rental income from a property in Mumbai and capital gains from selling shares of an Indian company, then both will be regarded as taxable in India. Moreover, ensure that you calculate your total income from such sources and apply any deductions or exemptions to determine your net taxable income.

Claim double taxation treaty benefit

NRIs can claim the benefit of Double Taxation Avoidance Agreements to avoid paying taxes twice on the same income. India has treaties with several countries to provide relief from double taxation. You will have to obtain a Tax Residency Certificate from the country of residence and furnish the same while filing your Indian tax return in order to claim this benefit. So, if you are an NRI living in Canada and earn income both in Canada and India, you can claim relief under the DTAA to avoid paying tax on the same income in both countries. Check the provisions of the treaty between India and your country of residence to maximise your tax benefits.

Check IT returns

After filing your tax return, it is essential to regularly check the status of your income tax return. You can do this by logging into the Income Tax Department’s e-filing portal. Monitoring your ITR status helps ensure that your return has been processed correctly and that any refunds due are issued promptly. Besides, if you have filed your return through e-filing and are expecting a refund, then you can track the status of your refund online to know when the amount will be credited to your bank account. Similarly, you can also address other discrepancies in case they crop up by keeping track of your ITR status online.

For Non-Resident Indians knowing which income sources are taxable in India is a requisite for accurate tax filing. According to the Income Tax Act, NRIs are only taxed on income earned or received in India. The key sources of taxable income include income from house property, salary, investments, and other sources. Each category for taxation for NRI in India has rules and exemptions that affect how your income is taxed. Here’s a detailed look at each category:

Income tax from house property or home loan

Income from house property in India is taxable for NRIs if the property is rented out or deemed to be let out. You are granted a standard deduction of 30% of the net annual value of the property itself, which includes the expenditure incurred on repairs and maintenance. For example, let us say you have a flat in Bangalore and you receive Rs. 2 lakh as rent every year. Then you can deduct Rs. 60,000, which is 30% of Rs. 2 lakh, from your taxable income. Also, in case you have a home loan, you are allowed to claim a deduction of up to Rs. 2 lakh on the interest paid under Section 24(b), given that the property is let out or deemed to be let out.

Salary

Salaries paid by Indian employers are taxable in India for NRIs. It includes salary received for work done in India. For instance, if you are employed with an Indian entity and your salary is Rs. 5 lakh, that money is taxable in India, no matter where you reside. However, if you are employed abroad and receive salary from a foreign employer for services rendered outside India, this income is generally not taxable in India. It is mandatory to disclose the income from salary received from Indian sources and claiming the deduction, if any.

Investment

Investments made by NRIs in India are subject to various tax rules and regulations. Income from investments such as mutual funds and stocks is taxable based on the holding period. Short-term capital gains from selling equity mutual funds or stocks are taxed at 20%, while long-term capital gains exceeding Rs. 1.25 lakh are taxed at 12.5%. For example, if you sell stocks held for more than one year and make a gain of Rs. 1.5 lakh, the profit of Rs. 50,000 will be taxed at 12.5%. Properly reporting these investment incomes and applying relevant tax rates is crucial for compliance.

Third source incomes

Third-source incomes for NRIs include pensions, royalties, and fees for technical services received in India. For example, pension received from any Indian institution or organization is regarded as salary income taxable in India. In the case of royalties and fees for technical services, a flat 10% rate is applied to it under Sec 115A. If you have received any such income from Indian sources, you will be required to declare and pay tax on the same. Accurate reporting of these items at the correct place ensures compliance with your taxation liabilities and helps avoid penalties.

For NRIs, income earned abroad is generally not subject to Indian taxation, provided it is not received directly into an Indian bank account. This includes earnings from employment, business activities, and any investments made outside India. Similarly, when you transfer funds from the foreign account to an Indian bank account, the amounts do not become taxable income in India. However, it is key to maintain accurate records of your foreign earnings and ensure that they are correctly reported in your tax filings. This includes keeping detailed documentation of your income sources and any transactions made between foreign and Indian accounts. Properly managing these records helps ensure compliance with Indian tax regulations and prevents potential legal issues with taxation for NRI in India.

Here is a tabular summary of the major income tax deductions available to NRIs under the as per 2024 Budget:

These deductions can significantly reduce your taxable income and overall tax liability. Ensure you maintain proper documentation to claim these deductions accurately in your tax returns.

Mastering the tax for NRI income in India is vital to manage your tax affairs effectively and staying compliant. From pinpointing your residency status to filing returns and claiming the right deductions, every step plays a key role in your tax strategy. Keeping abreast of the latest tax laws and making the most of benefits like the Double Taxation Avoidance Agreement can help streamline your tax management. Accurate reporting and timely filings are also essential to avoid any unnecessary complications.

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