Maritally separated now, and living outside India - how to file tax as NRI?

ITR filing is PAN based which is unique and completely separate. Every individual has to file the ITR separately based on his residential status and total income earned

Filing of ITR depends on the residential status and total income earned during the financial year (i.e. from 01.04.2XXX - 31.03.2XXXX). Assuming you went outside India for employment purposes then if you were present less than 182 days during the financial year then your residential status would be treated as NRI

Presently ITR filing for AY 2023-24 (i.e. PY 2022-23) is due for filing 

1. In ITR, marital status is not required. Name of spouse can be mentioned

2. ITR filing depends on the total income earned in India for all those years when you were NRI

3. Update your residential status in all the banks in India. You have to get them converted into NRO, NRE Account.

For detailed discussion you may opt for phone consultation

If you know your PAN (Permanent Account Number) and the login id password, you can login into Income Tax Department e-filing portal and check the status of your past returns, your incomes earned in India on which tax was deducted at source and significant financial transactions made by you that are required to be reported in your income tax assessment. 

If you know your PAN but not the password, you may use forgot the password option and reactivate your e-filing account. 

If you don't know your PAN also, try to search for your PAN based upon your name, surname, father's name and date of birth. 

If you don't have PAN also, then you may assume that your husband has not used your name for financial transactions, that may have implications from tax point of view, like investments in shares/ mutual funds, property transactions etc. 

As you have 3 bank accounts in India, you may login into the e-filing portal through your net banking also. Then you can check for your tax compliance status. 

If you don't have even net banking, you can opt for net banking and then access your e-filing portal.  You may even check with the bank for your PAN as it is mandatory as part of KYC.  

Ma'am,

First of all you need to understand that taxes in India don't work like USA or may be Canada where spouses can file single income tax return. Each person has to file their independent return hence you can be rest assured that he cannot do anything for your tax status.

You should check bank status and file income tax return if required.

I would recommend you to book a phone consultation to discuss the same in a better manner.

You can book a consultation here: https://www.taxontips.com/tax-notice-personal-consultation/

You can file taxes for one year but not before that and you should definitely change status in banks and every where else and it might lead to tax withholding.

Best way is to have a phone conversation first.

Hope you find the information helpful, if yes do rate if 5 and provide your valuable feedback for my improvement.

Thank you.

Hello Ma'am

You are living outside India so you would be non-resident. You may qualify as Indian resident only when your stay in India exceeds 182 days. 

There is no concept of single filing by spouse. Each one has unique PAN based on which the login functions on income-tax portal. You can check through your login where your ID is PAN and password you can reset. You can also login through net banking. 

The Income-tax return needs to be filed by NRI only if your total income exceeds Rs. 2.5 Lakhs. 

You can intimate your bank regarding your residential status and get the accounts converted to NRE and NRO account. For past years you cannot file ITR now. Only for the year 2022-23 ITR could be filed by July 31.

For detailed consultation please opt for phone consultation. 

Hello,

1. Marital status in ITR: Marital status is not required in the Income Tax Return (ITR) form. However, you may be asked to provide information about your spouse, such as their name and PAN, in certain sections of the form. 

2. Filing ITR as an NRI: As an NRI, you are generally required to file an income tax return in India if you have earned income in the country. The specific forms and requirements may vary depending on your sources of income and the applicable tax treaties between India and your country of residence. 

3. Updating bank accounts: To comply with your NRI status, you should update your bank accounts in India to NRO (Non-Residential Ordinary) and NRE (Non-Residential External) accounts. An NRO account is used for managing your income earned in India, while an NRE account is used for holding and managing your income earned outside India. Contact your banks to understand their specific procedures for converting your accounts.

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

Thank you.

Shubham Goyal

Hi

Please find below response

1. Your legal status for tax purpose is Non resident due to your stay outside India and in India for tax purpose spouse will be identified as two different individuals and their working can not be clubbed while filing returns unlike in foreign countries so it should not be concern

2. You are not supposed to file any returns in India unless you have taxable income in india which is presently Rs. 5 Lacs so accordingly you can take call

3. For change of status you only need to change your ward under PAN and convert your saving account to NRO Account / NRE account

No other action is required if you need any support to complete document formalities you may contact us back