Nri status

30th Sept 2016 or 2017?

Hi

Date of departure shall also be counted for purpose of calculating period of stay.

So, you would be a resident Indian for this year.

You will have to show all your global incomes in Indian ITR. Any taxes paid outside, shall be given credit of.

Hi,

An individual will be treated as a Resident in India in any previous year if he/she is in India for:

Atleast 182 days in that year, OR

Atleast 365 days during 4 years preceding that year AND atleast 60 days in that year.

An individual who does not satisfy both the conditions as mentioned above will be treated as “non-resident” in that previous year.

Since you are satisfying both these conditions, you will be treated as a resident of India.

Hope that explains.

Regards,

Nikhil

You need to report all global income in India. Taxes, done already paid, need not be paid again.

No. But why would you want that?

Yes you will need to file the return in India and can claim the taxes paid in USA as part of DTAA with US.

Nothing you can do to convert that status.

However, curious to know why would you want to do that?

regards,

Nikhil

Stay in india for 182 days or more in a previous year would be treated as resident in india. Stay from 01.04.2016 till 29.09.2016 amounts to 182 days therefore you are resident in India. Your global income will be taxable and taxes already paid on USA income will be deducted from the total tax liability in India.

Yes that's correct. You will need to file returns in India in a normal manner and can claim refund.

You will get full credit of all taxes that you have paid in US.

Hope that clarifies.

regards,

Nikhil.

You don't need to pay taxes for an income twice. Only reporting is to be done. If taxes have been paid in USA, you will get credit of such taxes paid while filing Indian income tax returns.

We may assist you with return filing.

Yes, you will have to pay taxes on your Income earned in USA in India also as your total no. of Days in India are more than 182.

Show him the return filed in USA to claim the benefit of taxes paid in USA on USA income.

It is 183 day sir and hence you can not be nri.

30 sep will be counted for calculation of 182 days so in your case its been 183 days u had been in india so your residential status for AY 2017 18 will be Resident of india .

You have to file ITR in india including both indian as well as overseas income.

Convert global income into indian currency and file return according.

Hi,

Yes the date of departure will be included in calculation of number of days.

You will have to show global income in India return but you don't need to pay tax again in India. You will get the credit of taxes paid in usa.

Thanks and regards

Abhishek Dugar

CA CS B.Com

Dear Sir,

Please note that staying for less than 180 days in india is not just only condition to get classified as NRI. It also have additional condition of staying in india for less than 365 Days in last 4 Years.

Since you have left india on 30/09/2016 your status for the A.Y. 2017 - 18 still remains as resident and hence global income shall be subject to tax in India

However the tax paid by you in USA shall be available as credit to your against your indian tax liability.

So i would advise you to file income tax return in india as well.

However based on your facts i can help you to reduce your total tax liability as payable in india through various tools and techniques. But that can only be done after analysis of all your income.

For any further information or support you can connect me.

Hi,

Since you left India on 30.09.2016 the day of departure shall be considered as if you were in India on that day. As such, you will be considered to be in India for 183 days for AY 2017-18. Hence, your residential status for the said AY shall be considered to be "Resident".

Basis above, you will be required to do normal Return filing and tax payments in India as per your normal routine. However, you will be eligible for DTAA benefits u/s 90/ 90A as per the Income Tax Act. So you will not be liable to pay taxes twice on the same income.

Regards,