Who is a Non Resident Indian (NRI)?
An Individual being Indian citizen or person of Indian origin is said to be Non Resident Indian(NRI) in any financial year, if he/she satisfies both the following conditions:
Condition 1
He/ She stay in India for less than 182 days in that financial year.
And
Condition 2
He/ She stay in India for less than 365 days during the 4 preceding previous financial years and less than 60 days in that previous year.
Notes-
1. Indian Citizen- https://en.wikipedia.org/wiki/Indian_nationality_law#Citizenship_by_birth
2. A Person of Indian origin (PIO)-
An individual is deemed to be of Indian origin if,
i. He, or
ii. Either of his parents, or
iii. Any of his grandparents was born in undivided India.
3. Only Condition 1 is to be satisfied to become a NRI till FY 19-20 to following individuals-
i. being a citizen of India, who leaves India in any previous year as a member of the crew of an Indian ship or for the purposes of employment outside India.(say Case 1)
ii. being a citizen of India, or a person of Indian origin who, being outside India,comes on a visit to India in any previous year.(say Case 2)
| Till FY 19-20(For both above case) | From FY 2020-21 onwards |
| Stay in India for less than 182 days, shall be treated as Non Resident Indian (NRI). | i. For Case 1- Stay in India for less than 182 days, shall be treated as Non Resident Indian (NRI).
ii. For case 2- If Income from India is 15L or less than 15L- Stay in India for less than 182 days, shall be treated as Non Resident Indian (NRI). If Income from India is more than 15L- Stay in India for less than 120 days and less than 365 days in preceding 4 FY shall be treated as Non Resident Indian (NRI). |
Author Bio
I have a canada”s citizenship and I have a oci as well. is my status is NRI ?
a person was an NRI and deposits some amount as fixed deposit and he is re deposit the amount at the time of maturity and the amount credited in the NRI account and then re deposited. Now his status is resident. the depositing process is still continue. Whether the INTREST IS EXCEPTED OR NT?
Please dnt mind but its a totally misleading article maam.
I got it know , that you are referring the definition of NRI as per Section 6 of Income tax Act.
Maam, only Explanation 1 of section 6 gives emphasis to citizenship as one of the requirement.
Hence any person can be a NRI under income tax irrespective of his citizenship, according to number of days of stay in india.
Hope you got what i meant.
Maam, pls specify that this definition of NRI is as per which law and its relevant section/clause. I think it is not in as per IT act 1961 as in IT the residential status has nothing to do with citizenship. It must be as per FEMA i think.