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In this article we are going to discuss about the residential status of a person as per Income Tax Act, 1961 which determines which income of an individual is taxable as per Indian Laws.
Residential Status of any individual (Section 6)
|
Basic Conditions |
||
| (1) | (2) | (3) |
| In case of an Indian Citizen who leaves India during the previous year for the purpose of employment or in the case of an Indian Citizen who leaves India as a member of the crew of an Indian ship or in the case of an Indian citizen who leaves India as a member of the crew of a foreign bound ship, the period of stay in India shall be determined as per the conditions as may be prescribed. | In case of an Indian citizen or a person of Indian Origin (who is abroad) who comes to India on a visit during the previous year. | In case of an individual other than that mentioned in columns (1) and (2) |
| A) Presence of atleast 182 days in India during the previous year.
B) Not Applicable. |
A) Presence of atleast 182 days in India during the previous year.
B) Not Applicable. |
A) Presence of atleast 182 days in India during the previous year.
OR B) (i) Atleast 60 days during the previous year. AND (ii) Atleast 365 days in total during the 4 years preceding the previous year. |
Additional Conditions:
- The Individual should be a resident in atleast 2 years, out of the 10 years, immediately preceding the Previous Year.
AND
- The Individual should have a minimum aggregate stay of 730 days or more in the 7 years preceding the relevant previous year.
| Resident & Ordinarily Resident (R & OR) | Resident but Not Ordinarily Resident (RNOR) | Non Resident (NR) |
| Must satisfy atleast one of the basic conditions & both the additional conditions. | Must satisfy atleast one of the basic conditions & satisfy one or none of the additional conditions. | Not satisfying any of the basic conditions. |
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RIDER
in the second line from top, – in place of ‘his”, TO BE READ- “”purchaser’s”.
Regarding the envisaged ” peculiar problems” : one such instance could be where the ‘transferor is a “NRI” , within its meaning of FEMA, who still mat not be a “resident ” as per the IT Act.
For a dilation, suggest to locate and read through the related Posts on this website; also on the website of Lci , personal BLOGS (SWAMILOOK) so on, to be GOOGLE searched for in public domain.
courtesy
OFFHAND
Residential status of a ‘person’, of an individual, is of relevance for determining his income includible in his total income”. But it is also .of relevance for fixing his liability/obligation to comply with TDS requirement. That entails certain peculiar problems in exceptional circumstances; for instance, for TDS u/s 194IA. Look up the two articles on this critical topic, published on this website –