In last article we have studied
the concept of residential status. Let’s now solve some problems for clarification
of concepts.
Problem No.1
Mr. Amar, Indian citizen left
India first time on November 25, 2011 for meting his relatives outside India. During
the calendar year 2012 he did not visit India. He finally came to India as on
15th January 2013. Determine his residential status for the
financial year 2011-12 and 2012-13.
Solution:
First we have to check whether any one of the basic
condition is satisfied by Mr. Amar
| Particulars | 2011-12 | 2012-13 |
|
Step – I As Mr. Amar is Indian Citizen, as per basic condition
|
In this year he was in India for 239 days. So he is resident | In this year he was in India for 76 days. So he is non-resident. (As he is Indian Citizen condition of 60 days is become 182 days for him) |
|
Step –II Let’s check whether both the additional conditions |
As he is leaving India first time, it means he is satisfying both the both additional conditions. So he is resident and ordinary resident |
Not Applicable as he is non-residential |
Problem No.2
Mr. John came to India first time
on April 26th, 2013, He stayed in Delhi form 26th April to 25th
August 2013. From 26th August 2013 to 20th July 2014 he stayed
in Mumbai. On 21st July 2014 he left India permanently. Find
out his residential status for the financial year 2013-2014 and 2014-2015.
It was very very helpful:) thanks alot:)
I am Indian citizen came to UK for employment purpose on 18th November 2017 and my assignment ends on 20th October 2018.
Residential status rule is too complex to understand.
I will be NRI or not for F.Y 2018-2019 ?
For FY 2018-19, You are a Resident
as you are in india for more than 182 days
Ganeshji Yes you would be an NFL for 2018-19
According to Section, 6(1) of The Income Tax Act 1961, An Indian citizen or a Person of Indian origin who visits India during Previous year is considered to be a resident only if he stays for 182 days or more Your stay in FY 18-19 is only for 162 days therefore You are a NRI for FY 18-19
Sir u r not NRI, you need to pay tax on indian income only
From 2015 to 2018 I spent 200 days out of India every year , should I file My ITR as resident but not ordenary in ay 2019-20
Please see if you can help.
I am US citizen and also an OCI card holder living in India continuously for last 12 years (365 days every year). Now I am planning to relocate to USA on July 30, 2020. Although my stay in India for FY 2020-21 would be less than 182 days but will be 60 days or more in FY 2020-21 and also 365 days or more during the preceding 4 fiscal years.
Please advice on my residential status for FY 2020-21(AY 2021-22)???
This query arose because of fact that if verbiage of more than 60 days stay in India is substituted with 182 days for PIO or OCI holders. Also if this would apply in my case as I will not be VISITING but leaving India after staying for more than 60 days in FY 2020-21.
(being a citizen of India, or a person of Indian origin within the meaning of Explanation to clause (e) of section 115C, who, being outside India, comes on a visit to India in any previous year, the provisions of sub-clause (c) shall apply in relation to that year as if for the words “sixty days”, occurring therein, the words “one hundred and eighty-two days” had been substituted.
In the two special cases given above, residential status of an Individual shall be determined only on the basis of basic condition (1)
Regards.
Pancham Sharma
Mr. Vineet Pathak retired on 1st October 2019, receiving pension of Rs. 10,000 per month. On 31stJanuary, he commuted 60% of his pension and received Rs. 30,00,000 as commuted pension. The left 40% will be uncommuted pension amount receivable in February and March for FY 2019-20. Calculate taxable amount of commuted pension?