Is it Mandatory for NRI to File Income Tax Returns in India?

Does it necessary for NRI to File Income Tax Return in India?
One of the most common doubt every NRI has is whether its mandatory for them to file incomes tax return in India or not? Short answer is, it depends. If you are a Non Resident Indian for a financial year let's say 2022-23 i.e. you stayed outside India for more than 182 days then your status becomes NRI and you don't need to file an income tax in India if you don't have any income generated in India. Even if you have income in India, you can file Income tax returns but you are also eligible for basic exemption limit which is currently 2.5 lakh in India, which means probably no need to pay any tax, but yes, paying tax and filing income tax returns are two different thing. You may be required to file income tax return even if you don't need to pay any tax, for example if you want refund for the TDS deducted on fixed deposit and various other sources. 

If you have income in Indian rupees and your income from various sources like rental from flat, interest earned from fixed deposit, dividends earned from stock exceeds basic exemption limit then its mandatory for an NRI to file income tax return also known as ITR forms. BTW, its better to file income tax return every year because sometime bank deduct TDS on

BTW, its better to file income tax return every year because sometime bank deduct TDS on interest earned by Fixed deposit, especially if you have opened fixed deposit in resident saving account or NRO saving account then TDS will be deducted at rate of 20% and 30%, if you file income tax return then you can get that money back by claiming tax refund, but if you don't file income tax return then that money is gone.




How to find if an NRI needs to file Income tax returns in India?

In order to find out income tax return in India, you must check your NRI status in given the financial year and what was the basic exemption limit in that year, for example in the financial year 2013-14 basic exemption limit was 2 lakh which was further increased to 2.5 lakh in the financial year 2014-15.

If you stayed abroad for more than 182 days in that financial year then you an NRI and your global income will not be taxed in India, but if you stayed less than 182 days in a particular financial year then you are a normal India resident and your global income is also subject to income tax in India, of course you can claim tax refund if you have paid tax overseas as well.

By the way, a couple of year ago, there was a change made into this rule and according to the new rules, the period of '182 days' has been reduced to '120 days' for those NRIs whose income accruing or arising in India

Just like Resident Indian if your total income from all sources including interest, rental, royalty, fees, dividends doesn't exceed 2.5 lakh then you don't need to file income tax return, but if it does then you must file income tax return.

If TDS is automatically deducted from your NRO fixed deposit then also you should file income tax return to get that money back by claiming an income tax refund, but that's not mandatory and it's your choice.

Is it Mandatory for NRI to File Income Tax Return in India?



Most important point is that it's mandatory for NRI to file income tax return if total income in Indian rupees is more than 2.5 lakh. So make sure you total all your income in different bank accounts and file your income tax return if it is more than 2.5 lakh in the financial year 2015-16 because if I remember correctly exemption limit has not changed in this year's budget.

Remember, filing income tax return is not equivalent to paying tax. If you are making investment in tax saving options like ELSS, tax saving fixed deposit, NPS etc, you can potentially reduce your taxable income, but you must file income tax return to state those tax saving investment.

To conclude this article, it's not mandatory for an NRI to file income tax return if its total income in Indian rupees is less than basic exemption limit i.e. 2.5 lakh, but NRI needs to file income tax return if it's more than 2.5 lakh. You also need to file ITR if TDS is deducted from your fixed deposit held in NRO accounts.

Also filing tax return doesn't mean paying tax, for example if your income is 3.5 lakh for a given year and you invested 1 lakh in Equity linked Saving Scheme ELSS Mutual fund then your taxable income becomes zero and you don't need to pay any tax, but this will only happen if you file income tax returns.

Other NRI Income tax articles you may like

Thanks for reading this article so far, if you like this article then please share with your friends and colleagues. If you have any questions or feedback then please drop a note. 

97 comments:

  1. is it mandatory to file income tax return if you have pan card but you are not earning any income in India and you are paying tax abroad on your foriegn income?

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    1. No its not mandatory for an NRI to file income tax return just because he holds PAN card. He should file income tax return if his income in India from rentals, fixed deposit interest, gain in mutual fund or stocks exceeds basic exemption limit of 2.5 lakh in year 2015-16 or he wants refund of money deducted as TDS from NRO fixed deposit.

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  2. If an NRI has only income which is supposed to be taxable e.g. long term capital gain from stocks, but its more than 2.5 lakh, is it mandatory to file ITR?

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    1. Yes, NRI must file income tax return if their income, whether taxable or not is greater than 2.5 lakh INR for year 2015-16. You can later show that money as tax saving which will eventually reduce your taxable income to zero, means you dont need to pay any tax, but filiing income tax return is necessary.

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    2. Could you please tel what is the last date to file tax return for year 2015-2016 ?

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    3. Could you please tel what is the last date to file tax return for year 2015-2016 ?

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  3. Does NRI also needs to pay capital gain tax on income earned by selling securities in Stock market?

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  4. Hello I am an NRI from UK, I have been UK for more than 6 month from an Indian IT company payroll. My company is paying my Indian salary in my indian bank account and also giving me around 3000 GBP in London. My question is do I need to pay tax on this 3000 GPB incoming in India which I am earning in UK every month? I know, I have to pay tax in UK, does that amount is also can claim in India?

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    Replies
    1. You need to pay tax on India on this amount if you have stayed more than 180 days in India for that calendar year, from 31st March to 1st April. As global income of Indians are taxable and if you stay in India for more than 180 days then you will not be considered as NRI. If you stay less than 180 years then you are an NRI and you don't need to pay tax on your global income there, but yes you need to pay tax as per your indian salary.In any case you can claim the tax you paid in UK, those will be deducted from your final tax.

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  5. Hello there, I came to US in Jun 2014 and became US resident in dec 2014. During US tax filing, I declared global income, including salary income during April and May and interests. During tax calculation, foreign tax credit was claimed. Now its time for tax filing in Us and the total income earned in India is > 2.5 L. If I file in India with income earned and TDS paid in India, it would evaluate a refund which is already claimed in foreign tax credit in US How to make sure this double refund is not processed.

    ReplyDelete
    Replies
    1. Hello Sudhir,

      Did you get any reply/solution for this situation?
      I am also in same situation and seeking for advice.

      Best Regards,
      Sahil Jasuja

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  6. It will be very helpful, if you can please validate my resident status in India for FY 2014-2015:

    Below are my travel dates:

    • I travel to USA on 04th July 2014 for employment in USA, and return back to India on 28th March 2015, I stay in USA more than 270 days, and I stay in India around 94 days in FY2014-2015

    Please confirm me Resident Status for Income Tax prospective.

    ReplyDelete
    Replies
    1. How about previous year? if you have stayed more than 182 days in India in the preceding year then you will still be qualified as Resident Indian, if I am not wrong.

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  7. I would like to know how to get refund for the TDS deducted for LIC commission. I am a NRI for AY2015-16 and I do not have any resident earnings other than the LIC commission. But i do not have an NRI or NRO account all my NRI earnings are deposited in resident savings account. Also which form needs to be used to file the returns and claim the refund. I prefer using online filing method.
    -Rajesh

    ReplyDelete
    Replies
    1. Once you become an NRI (182 days outside India rule), you are required by RBI regulations to change your resident bank accounts to non-resident accounts - NRO in this case. The status of the account should not affect the tax refund though.

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  8. Is it compulsory to file the tax returns if an NRI holds more than one property in India, though he has no income generated out of it? Please help to clarify. Thanks.

    ReplyDelete
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    1. AFAIK, If you have no taxable income or your taxable income is less than 1.80 lakh or less than tax exemption limit than you don't need to file income tax return, this is true for both NRI and residents.

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  9. I am residing in US and have filed my taxes here declaring the Loan details taken in India. The Interest on Home Loan details are also declared when I filed my US Taxes. The Rent details are also declared, when I filed my US Taxes. The Home Loan is taken from ICICI bank in India. I have some part of US salary going to India Bank accounts. While filing taxes in India, do I need to declare the Interest on loan details & the rent details?

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  10. I have lived more than 180 days in india for the finiancial year 2014-2015. As per my form 16, foreign tax has been credited. But i am not sure how to fill that in my tax returns. Can some one guide me please.

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  11. Hi I haven't file my IT returned since 2008 as I am out India and visiting India just for one month for family every year, is it mandatory for me from 2015 to file income tax? i don't have any income in India.

    ReplyDelete
    Replies
    1. If you an NRI during 2015 financial year, which you seems to be and have no taxable income or no intention of TDS refund than you don't need to file income tax returns, but its always better your Tax consultants with full details.

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  12. Hello, I am a student in Germany. I worked for an internship and recieved a stipend of 3600 euros and a short term job and earned about 500 euros(taxed by the German system). This amounts to about Rs. 300,000/- approx as per the conversion now. Also, I am paying interest for an education loan. In this case, do i need to file a return? And if yes, which form should i fill?

    Thanks a lot in advance.

    ReplyDelete
    Replies
    1. It seems you have no income in India and their is TDS deducted, so its not necessary for you to file income tax return in India, unless you want to do so and you are not NRI for that financial year. Since you have not posted details from how long you have been studying in Germany it can't be determined whether you are NRI for 2014-15 financial year.

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  13. Hi Javin, my resident status is NRI and I am based in the UK. I was filling my return via ITR-2. In the schedule FSI of ITR-2, it is asking for 'details of income from outside India and tax relief'. Do I need to declare my UK salary and taxes in the section? your help would be much appreciated. Thanks.

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  14. Hi I was in India till Nov 2014, so I stayed for more than 180 days and supposed to file my return. For questions like US income, and bank account how should I proceed. Do I need to convert my US salary into INR and input it while filing the tax.

    ReplyDelete
    Replies
    1. You can put them on USD as Tax department have their own exchange rate to calculate tax, which is different than current market rate.

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  15. Hi, I am a citizen of India and have stayed in India till 19th November 2014. I received my Dubai employment e-visa on 27th October 2014 and on 20th November 2014 I have relocated to Dubai for my employment purpose. Please advise whether Income tax will be applicable on income in Dubai from November 2014 to March 2015?

    ReplyDelete
    Replies
    1. Hello Suhas, if you calculate dates between 20th October 2014 and 31st March 2015, it comes around 131 days which is less than 182 days require to be an NRI in a given financial year. Remember, day of departure and arrival are considered as stay in India, since you are not an NRI for 2015 financial year, you need to declare your Dubai income. Please consult with your income tax assistant, he may be able to assist with some tax saving and better guidance.

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  16. Dear I want known for NRI status 180 days or 182 days require for outside of India . I have confused. Please help me . If 180 days then any refrence. Please

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    Replies
    1. Hello Imran, its 182 days. You need to be outside India for 182 days or more to become NRI in a given financial year, which runs from 1st April to 31st March.

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  17. Dear for NRI status 180 days or 182 days require for outside of India.. I have confused. Please help me. If 180days then which under rrules.

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  18. Hello, I am a NRI for current Financial year starting 01-Apr-2015 to 31-Mar-2016. I have two questions -
    1. I have stock investments via my Resident Demat account for the current FY. I have heard that NRIs should make stock investments via PIS. But I can't go back to India now and get PIS account opened. That's why, I have continued investments via my old Resident Demat. Is it a problem??
    2. Consider that my rental and Interest income is 4 lakhs and I have stock investments too with long and short term capital gains in this FY. This means, I need to file my taxes in India. Now suppose my foreign salary income outside India is 15 lakhs in Indian Rupees for which I am paying tax in foreign country. Out of that foreign income, I send 50,000/- per month for family maintenance in India and out of that 50000, my family expenses 20,000 and with remaining 30,000/-, I make stock investments every month. So, in total this FY, I will make stock investment of 360000/-. Can I declare total 15 lakhs in my Indian tax return and since it is non-taxable, I can claim taxable income as 0. I want to declare the foreign income as ITax may ask how did you get 50000/- per month in savings bank account when your Form 16 has no Indian income at all??

    Pl clarify my doubts. Appreciate in advance.

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    Replies
    1. @Anonymous, You need to declare your foreign income, rental income, capital gains from stocks. After that you can claim the tax rebate for your tax saving investments e.g. which are under section 80-C or any home loan you are repaying. I am not sure, you can claim rebate on your foreign tax income here, usually you pay tax in India and claim abroad, but do check if you can claim that in the ITR form you fill. if the country where you are earning has double taxation avoidance treaty with India i.e. DTAA then you only need to pay tax in one place. I think hiring or consulting with CA will give you more peace of mind.

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    2. Hello, Thank you for your reply. The foreign country is US and India has a DTAA with US. Hence, I will pay tax in US only for the foreign income as my status is NRI in India and resident in US this Financial Year.

      In the light of the above, do you still believe, I can declare foreign income in Indian return this FY and still claim zero taxable income for it?? I will obviously pay tax on rental and capital gains in India as it will be above 2.5 lakhs this year.

      Actually, I want to declare foreign income but pay no tax in Indian return for it because I want to avoid IT notice unnecessarily due to my stock investments in India against my PAN number this FY. In that way, they will know what is the source of funds for my stock investments.

      Is that the right thing to do?? Thank you for your advise.

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    3. A second question that I had and you may have overlooked - Is my continuing stock investments via my Resident Demat account for the current FY (with NRI status) is a big problem?? I know the rule says have Non-resident PIS account and invest via it.

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  19. hello, I had earned interest income from FD of 2.1 L in FY 2012. TDS @ 10% was deducted. I didn't file ITR since technically I had no income tax due (although I would have got return for excess deduction). I have got a notice from income tax to explain why I didn't file tax. I am NRI now. Please assist in what my response should be.

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    Replies
    1. @Pankaj, As per my knowledge, If your all income is generated out of interest or investment than you don't need to file income tax return. That's the special case for NRIs.

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  20. I am an American working in the US for an Indian company. The company required me to file for a PAN card even though I am neither a citizen of India nor even of Indian descent. When I received my first payment they had wired my billed amount minus 10%. I also have to pay taxes in the US (apple an addl 25%) . When I file my taxes in the US next April will they take into account the taxes O paid on India? How will this work? My accountant does not normally deal with international tax laws. Want needs to be done? I am being double dipped in taxes and this is very unfair

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    Replies
    1. @Anonymous, Yes sometime if income is generated out of India they are taxed at source country i.e. India. I am not really sure about setup of your company but you can always use DTAA to avoid double taxation as USA and India have signed DTAA. This means if you pay tax on India you can claim that when you file income tax returns in USA.

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  21. If you have spent less that 182 days outside india ,i.e you will be taxed on your global income, is there any way to prevent taxation from Jan to Mar of the following year. In US taxes are from Jan to Dec, whereas in India from Apr to Mar. So is there any way to prevent taxes for the period of Jan to Mar ( a part of india financial year ) after paying taxes for US financial year ( upto Dec)?

    Thanks

    ReplyDelete
    Replies
    1. Hello Atul, Sorry for late reply. I think, you can avoid tax on that amount or can claim rebate by using Double tax avoidance agreement (DTAA). Since you already paid tax on your Jan to March earning in India, when you file tax in USA after December, you can mentioned the tax paid in India and can seek claim under DTAA.

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  22. I am an NRI since 2008 ,I have not filed indian IT returns since 2008 ,since I had no income in India.
    Me and my wife bought an apartment in Bangalore in 2012 and rented it out since 2015 . The apartment is our joint name . The rent collected is about 4.8 L.

    As it is a join t property can we claim that the income per head is 2.4 L and not file returns , or should be filing returns for this .
    Please advice.

    Thanks
    Ram

    ReplyDelete
    Replies
    1. @Ram, this is an interesting scenario. I think rental income earned from jointly held proprieties are subject to tax on the hands of each co-owner. So yes, you can divide the rental income based upon the ratio mentioned in agreement or property document. if it's 50 50 than yes 2.4 lacs each. Though I advise you take advice from a charted account as rules changes quite often.

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  23. Hi, I am Indian and I am working in USA.
    My situation is I worked in USA from 1/1/15 to 28/02/15 then returned to india and went back to USA on 20 Nov 2015 till today. so do i need to pay my income in USA or India or I need to file tax in USA? (Note complete 2014 and 2013 I worked in USA). please Advice.

    ReplyDelete
    Replies
    1. Hello Kiran, given you have stayed on India from 28/02/15 to 20 Nov 2015, you spent almost 1 month in financial year 2015-2015 in India but more than 182 days on financial year 2015-2016, so you become tax resident of India. Which means you need to pay tax on your global income on 2015-2016 i.e. income earned on USA. Make sure you hire a tax consultant to save tax using DTAA if you end up paying taxes in USA.

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  24. I am NRI satifying all criteria to call me NRI. I have rental income in India. I have couple of insurance policies taken for myself, my wife (who stays with me overseas) and 1 x Child (adult-working) stays overseas and 1x Child (adult-still dependent and pursuing B.Tech in India). I am also contributing in my PPF account opened when my status was resident. Can you advice whether insurance premium paid for myself, my wife and both children qualify for deduction. Also contribution in PPF also qualify for deduction against rental income in order to arrive at the taxable income.
    Please Advice

    ReplyDelete
    Replies
    1. Hello Ajaya, Yes, insurance premium paid for yourself, your wife and both children qualify for deduction. Under Section 80D of Income tax, a deduction of Rs 15,000 can be claimed for the health insurance premiums and preventive healthcare check-up costs for yourself, spouse and your children. If you decide to protect your parents as well, you get an additional deduction of up to Rs 20,000, if they are senior citizens

      While premiums paid for life insurance policies are exempt from tax up to a maximum of Rs 1.5 lakh under Section 80C of the Income Tax Act, Section 80C also includes investments from all the sources including life and health insurance premiums, investments in PPF and pension schemes to a ceiling of Rs 1.5 lakh per annum. So while investing, just keep note of that limit.

      Yes contribution to PPF can also be deducted from taxable income but be mindful that they both come under same umbrella and have total limit of 1.5 lacs as per last year budget. You can reduce another 50K INR by investing in National Pension System, NRIs are now allowed to invest in NPS

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  25. Hi,

    I was staying in Kuwait from Dec 2013 till Dec 2015 earning Kuwait Salary. I have joined in an Indian company on 4th of Jan 2016. Am i liable to pay tax for the salaries i get from Jan till Mar 2016?
    Please advise!

    //Irshad

    ReplyDelete
    Replies
    1. Hello Irshad, Given you have only started earning from Jan 2016 and I assume you have stayed in Kuwait before that you will be considered NRI for financial year 2015-16, which means your Kuwait Salaries from April 2015 to Dec 2016 will not be taxed in India but Yes, your Indian salary from Jan 2016 to March 2016 will be taxed.

      Provided you have no other income in India, you can use basic exemption limit of 2.5 lakh and other tax saving instruments to save tax on this income.

      Delete
  26. I am Indian born US citizen. I purchased a flat (immovable property) in Mumbai totaling more than 30 lakhs. Do I need to file tax return?
    Thanks for your help.
    JR

    ReplyDelete
    Replies
    1. Hello JR,
      By purchasing property you have not generated any income, so no need to file income tax return. I am sure you have paid stamp duty as tax already. Btw, when you sell the property you will make some income as part of appreciation, that will be taxed as income.

      Delete
  27. Hello,

    I am an Indian moved to Australia last Dec2015. Till Nov 2015 I was working in India. What is the procedure to do the returns?

    Thank you

    ReplyDelete
    Replies
    1. @Anonymous,
      Since you have spent more than 183 days in India during financial year 2015-16, you will be considered as resident for tax purpose, which means your global income for financial year will be taxed in India. If you are supposed to pay tax on same income on foreign country for that year, you can claim rebate by using DTAA. You can file income tax return online or you can hire some one. There are many tax consultancy companies which are providing this facility for 300o to 4000 INR.

      Delete
  28. hello sir,

    I am an NRI in Canada. One of my late relatives willed me 4 cents of land. Given my brother was in a greater need than me, I transferred the property to my brother in india for a quarter of the actual costs. We had consulted a local tax attorney in kerala who said that there is no tax for transfer of assets between siblings or parents and children? So if that is the case, will the monies from the transfer deposited in my account (around 15 lakhs) owe any additional taxes?

    ReplyDelete
  29. Hi,
    Working in other country from March-15 till date March-16. I got a reminder from Income tax email to file my tax return for financial year 15-16.
    I believe being an NRI >182 days exempted from filing, Am i correct?

    ReplyDelete
    Replies
    1. Hello @JustType, being NRI does't exempt you from filing income tax return, though it's not mandatory. If you don't have any income on India including investment income e.g. interest earned on fixed deposit, short term capital gains or you don't cross the limit of 2.5 lakhs then you don't need to file ITR. You can login to your income tax account and state that.

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  30. Hello,

    I am employed by overseas employer and I offer my services in a foreign flag ship. I come to India for recuperation for 4 or 5 weeks in a 70 day cycle. In short I am working on rotation of 5-6 week ON /4-5 weeks OFF (India). All my salary is credited into my NRE account. I would like to know will I be qualified as NRI even if sometime I miss to make the 183 days stay outside India?
    Very much appreciate your advice on this.

    ReplyDelete
    Replies
    1. If your employed overseas and purpose of your visit to India is just visit then I think you will still be considered NRI. Though, I am not really sure about it. Better you check with a Chartered Accountant with good knowledge of NRI matters.

      Delete
  31. Hi,
    what about the interest earned from NRE deposits? if the income from NRE deposit exceeds the limit of 2.5Lakhs, then too should I file a return?

    ReplyDelete
    Replies
    1. Hello @Anonymous, income from NRE fixed deposit is tax exempted in India, which means they are not counted against your taxable income. So, even if the income from NRE fixed deposits exceeds limit of 2.5 lakhs, you don't need to file return or pay income tax.

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  32. I am an NRI . I am basically from Madhya Pradesh (Bhopal) . Recently I got letter in India from Income tax office bhopal to submit my income and tax detail for year 2014-15 . I do have PAN CARD . I found from my incometaxindiaefiling.gov.in website that I do not have any tds credit .By no tds credit I am assuming that I am not liable to any income tax . Then if this is the case then also it is required for me to file my ITR and reply to letter received from Income tax office.

    ReplyDelete
    Replies
    1. @Anonymous, you can login to your account on income tax website and say why you are not required to file ITR e.g. no income in India for financial year 2014-15

      Delete
  33. hello sir,

    I am an NRI in Canada. One of my late relatives willed me 4 cents of land. Given my brother was in a greater need than me, I transferred the property to my brother in india for a quarter of the actual costs. We had consulted a local tax attorney in kerala who said that there is no tax for transfer of assets between siblings or parents and children? So if that is the case, will the monies from the transfer deposited in my account (around 15 lakhs) owe any additional taxes?

    ReplyDelete
  34. i haven't filed tax return but my income is completely from nri remittance through my salary whether i need to pay any tax. stayed one year out of india now the dept. is asking to file tax return I have to pay tax for the salary earned through abroad salary? it exceeds 2.5 Lakh

    ReplyDelete
    Replies
    1. @Anonymous, if you have no income in India during that financial year e.g. no Indian salary and you are NRI for that year (Stayed more than 183 days overseas), you are not required to file income tax returns. You don't need to pay any tax on remittance because you have already paid tax on foreign country.

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  35. My earnings from my NRE fixed deposits are around 3,00,000, As NRE FD interests are not taxable, the only taxable income I have is from the 5 year NSC's which matured this year. The amout taxable is around 12,000 Rs and I have invested 61,000Rs in my PPF account. I was wondering if I am still required to file my returns?

    ReplyDelete
    Replies
    1. Hello Rohan, since your earning from investment is just 12K, it's well below the exemption limit of 2.5 lakh hence you are not required to file your income tax returns. Though, if you are in doubt you can always check with a chartered accountant or income tax professional, there are many which provides tax filling service and consultation with minimal price.

      Delete
  36. Hi
    I am Living Outside India for more than a year ,I get money through bank Transaction Around 1.5 Lakhs during 2015-2016 . Never deduct TDS . Should i need to file a Return ?

    ReplyDelete
  37. hello Rishabh, since your total income 1.5 lakh is less than basic exemption limit 2.5 lakh, you don't need to file income tax returns, provided you don't have any other income. If you do, then your combined income should not exceed 2.5 lakh, otherwise you need to file income tax return

    ReplyDelete
  38. Dear sir,

    I have concern about my NRI status.

    I had left India first time on 19 Feb. 14, and return india for 20 days in 1Dec. 14 for 20 days.

    During this visit i had open PPF account on 17 Dec 14.

    Could you please clear my confusion about my NRI status on 17 Dec 14.

    Thank you,

    Rikesh Patel.

    ReplyDelete
  39. Hello Rikesh, from Income tax perspective, a person if stays for more than 182 days outside india for employment purpose, he would be considered NRI. Calculation is based upon financial year, which starts from 1st April and end on 31st March. Given you left on 19th Feb, your first two month was in following financial year, but 1st April to 1st December is on 2014-15 financial year, which is I think more than 182 days.
    The total number of days between Tuesday, April 1st, 2014 and Monday, December 1st, 2014 is 244 days.

    This is equal to 8 months. So your status was NRI on 17th Dec 2014

    ReplyDelete
  40. An NRI needs to pay income tax when
    * he has rental or other income which is greater than 2.5 lakhs
    * he wants to claim the money deducted as TDS on NRO fixed deposit.
    * he sold a property and has a huge income for a particular year.
    * he wants to file income tax return
    source: When do NRIs need to file income Tax Return In India?

    ReplyDelete
  41. Hello, I have been living in France since last 10 years, I have got permanent residency here. Currently I'm working with Italian company and visit India frequently to visit clients. Most probably my stay will be more than 182 days during current fiscal year.
    I would like to know If I'd be considered resident in India? Do I need to file return in India?

    ReplyDelete
  42. I am Indian resident as per no of days rules. I have earned salary in foreign country with double tax avoidance treaty. While filling for current year do I need to declare that income and if so how would I claim rebate for doubt taxation.

    ReplyDelete
  43. i am an NRI since 2006 - 2015 ( for around 10 years.) i returned back in 1 st july 2016 to India. i have many NRE deposits maturing during feb ./ march 2017 . what is the tax treatment/ liability until maturity. I learned that NRE deposits can run until their maturity. the tax on NRE deposits is exempt from income tax but what in now this situation.


    many thanks in advance

    ReplyDelete
  44. I am living in singapore from last 1.5 years and dont have NRO or NRE account. I am sending my money to my savings account for home loan. So can this money be taxable as i am paying tax in singapore. Also if i open NRO account now do i have to pay any tax for opening account after 1.5 years.
    I left india on jun 2015 after 2 months of finantial year 2015-2016.and paid tax for that 2 months .

    Please help.

    ReplyDelete
  45. Hi, I left my last job in July 2016. I got another foreign job in December 2016. Now since I am not an NRI for FY 2016-17, I have to pay tax on my foreign earnings + Indian earnings. On my Indian Salary TDS was deducted 100%. I find that for foreign salary,I am required to pay advance Tax. But how could I have paid any advance tax as I was not sure of my joining job anywhere. The current provisions require me to pay interest on the shortfall / delay in payment of advance tax on salary. Do anyone have any idea concerning the the payment of interest on advance tax for foreign salary income?

    ReplyDelete
    Replies
    1. Although you have no idea of future job in f.y. 2016-17 but you got it hence you have to pay it as per law. For more information u may call me on 85120 - 67120.

      Delete
  46. This is the first time i am going to file taxes as an NRI and all i have is TDS deducted at source by my NRO account and some rental income in the amount of approx 2.5 lac(tax deducted by the renter).
    I am not sure if i have to wait for a Form 16 for this, or i can take my TDS certificates and file the tax ?

    ReplyDelete
    Replies
    1. I think you don't need to wait for form 16, if you have TDS certificate then you can just file your income tax returns and pay any remaining tax or claim if more tax is deducted as part of TDS. You can further check with your CA on this matter though.

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  47. I am an US citizen, since 2014, I had bought 2 flats costing 5 lac's each one on my name and one on my wife's name (she also is an US citizen since 2015) now it may be worth 10 lac's each so we want to sell them and bring the money to US. Will there be any taxes I have to pay. I have and NRE & NRO accounts with ICICI BANK

    ReplyDelete
    Replies
    1. Hello Anonymous, Yes, you need to pay short term capital gain tax on the profit you make by selling house at higher price. The short term capital gain tax is usually around 20% but you can further check with your CA on this matter.

      Delete
  48. Dear Sir

    I am NRI from saudi and I have no income in INR. I registered IT portal for linking my PAN card with Aadhar. Registration in IT portal attracts filing tax return? . please reply

    ReplyDelete
    Replies
    1. Hello @Sabi, registration in IT portal doesn't attracts filing tax return, if you have no income then no need to file tax. If you receive an email about filling tax, you can choose the option that no taxable income in India. Though, filling income tax return is good practice if you are familiar with process and it doesn't feel daunting to you.

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  49. i am using my saving account of india . and i dont know how to convert my account .please helpme

    ReplyDelete
    Replies
    1. Hello Hiren, just inform to your bank about your NRI status and they will give you relevant form to convert your saving account to NRO account. Alternatively, you can close your saving account and open new NRO account with other bank e.g. Kotak Mahindra, which you can open online too. See http://savingsfunda.blogspot.com/2016/08/how-to-open-nre-account-from-overseas-online.html

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  50. Till 30th March 2016 my daughter was in India and filling ITR now from 31st March 2016 she went toforeign country to higher studies for 2 years as such she had no income for the year 2016-17, pl guide us whether she is required to file ITR for fincial year 2016-17 or not.

    ReplyDelete
    Replies
    1. If she has no income then she is exempted from filling income tax return.

      Delete
  51. Hi
    I am Living Outside India for more than a year ,I get money through bank Transaction Around 1.5 Lakhs during 2016-2017 . Never deduct TDS . Should i need to file a Return ?

    ReplyDelete
    Replies
    1. Hello Vinitha, if that's your only income than it is less than 2.5 lakh , hence no need to file return, unless you want to file.

      Delete
  52. Dear Sir,
    I have received a letter from income tax department to submit the return for assessment year 2013-14. I am an NRE and I dont have any income in India. I am not sure why income tax department are saying to file the return and what basis they are saying this.
    I have checked my NRE and NRO account. I dont have any income but normally i have done transfers from NRE to NRO account.
    I spoke to the Auditor he said to submit the ITR form 1 declaring no income and upload the letter received from income tax and also he advised me to upload the account transactions for the year 2012-13( is the tax year Jan to DEC?) for the assessment year 2013-14 and asked me to upload the statement online in e-filing website.
    Please kindly help with the same. Is it right way of doing.
    Also I would like to get information from income tax department on what basis and what income they are saying this. How can I get this information, does e-filing ITR 1 and sending letter online will help me to get the information.
    I have called income tax department but no luck.

    Please kindly help.

    thanks

    ReplyDelete
  53. Hi
    I have a question
    I’ve been living abroad for about 24 Years now and have an NRI status
    But this year I have had to be in India due to some reason.
    I’ve spent 17 days less abroad than the required days which is 182
    I want to know what will happen with my NRI status will have to face any problems?

    ReplyDelete
  54. Hi
    Plz be advised
    I am mariner working in america maintaing nri days every year my salry credit in my nre account in indian bank in indian currency.i also have 2 saving account in private sector banks in india ..always transfor money from nre account to saving account and use saving account for all expenses my income is more than taxble limit in india so plz advise do i have to fill itr,

    ReplyDelete
  55. Hi,
    What do we mean by global income?
    For e.g. If I stay abroad for less than 180 days and receive income in euro in Germany account; then is it my global income if I don't transfer any amount to India Account?

    ReplyDelete
  56. 2.5 lakh per annum or what ?

    ReplyDelete
  57. 2.5 per annum or per month ?

    ReplyDelete