Understanding Taxes

How do I determine my Residential Status?

There are 3 types of residents that we will explain here for your understanding.

Based on this, you will be able to determine your Residential Status.

Type-1 : RESIDENT (ANY OF 1 OR 2)

1. If your stay in India is 182 days or more during previous year

2. If your stay in India is 60 days or more in Previous year and 365 days or more during 4 years preceding to previous year.

BUT IN CASE

  • where a person leaves for employment or
  • where a resident who leaves India as a member of Crew of Indian ship or
  • where an Indian Citizen who is abroad comes to India for a visit

the period of stay would be 182 days instead of 60 days in the previous year as per above point #(2)

Type-2: NON RESIDENT

If a person does not satisfy any of[ (1) and (2) with exceptions} condition will be Non-Resident.

Type-3: RESIDENT BUT NOT ORDINARILY RESIDENT

1. If your stay in India is 182 days or more during previous year

2. If your stay in India is 60 days or more in Previous year and 365 days or more during 4 years preceding to previous year.

BUT IN CASE

  • where a person leaves for employment or
  • where a resident who leaves India as a member of Crew of Indian ship or
  • where an Indian Citizen who is abroad comes to India for a visit

     the period of stay would be 182 days instead of 60 days as per point#(2)

      AND

3. If your stay in India has been atleast 9 out of 10 years preceding to previous year

4. If your stay in India has been 730 days or more out of 9 years preceding to previous year.

If you satisfy any one from (1) & (2) but do not satisfy any/both from (3) & (4) your status will be Resident but Not Ordinarily Resident.

 

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