Residential Status and its Importance in Taxation

Your tax liability depends on your residential status so it is essential to understand how you are classified under Income Tax laws. Knowing your status helps you accurately calculate taxes and meet income tax filing requirements.

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There are three types of residential status:

• Resident and Ordinarily Resident (ROR): Primary Condition met + Secondary Condition not met
• Resident but Not Ordinarily Resident (RNOR): Primary Condition met + Secondary Condition met
• Non-Resident (NR): Primary Condition not met

1. Primary Condition (To determine Resident or Non-Resident):

General Rule:

An individual is considered as resident in India if any of the following 2 conditions are met:

• Spend 182 days or more in India during the current financial year, or

• Fulfill both of the following conditions:

• Spend 365 days or more in the four preceding years and
• Spend 60 days or more in the Current financial year.

Exceptions to General Rule

Relaxation is given to following citizens:

• Indian citizens leaving for employment abroad
• Indian citizens serving as crew members on an Indian ship
• Any Indian citizen or Person of Indian Origin visiting India

Note:- A person is considered to be of Indian origin if they, or either of their parents or grandparents, were born in undivided India, which includes present-day India, Pakistan, and Bangladesh.

For the above class of individuals, only Part A) of the primary condition would be considered for the purpose of determining their residential status. 

However, in case of Person of Indian Origin having income > Rs. 15 lakhs (excluding foreign sources) the revised conditions will be:

• Spend 182 days or more in India during the current financial year, or

• Fulfills both of the following conditions:

• Spend 365 days or more in the four preceding years and
• Spend 120 days or more in the Current financial year. 

2. Deemed Indian Resident (Deemed to have fulfilled the primary condition):

• A person with income exceeding ₹15 lakhs (excluding foreign sources), who is not liable to tax in any other country based on domicile or residency, is deemed to be a resident of India.

3. Secondary Condition

Secondary conditions will be fulfilled if any of the following are met:

• The individual has been a non-resident for 9 out of the last 10 years, or
• The individual was in India for 729 days or less in the last 7 years,
  
  Case Study: Determining Residential Status for Tax Purposes

Background:

Mr. Rajiv is an Indian citizen who has been working in Germany for the last 5 years. In the financial year 2024-2025, Rajiv had to travel back to India multiple times due to family health issues. Given the complexity of tax laws and the importance of accurately determining residential status for tax liabilities, Rajiv seeks clarification on his tax obligations in India.

Facts:

• Rajiv spent 190 days in India during the financial year 2024-2025.
• Over the last four years (2020-2024), Rajiv spent a total of 280 days in India.
• His income for the year 2024-2025 was ₹18 lakhs, with ₹12 lakhs earned abroad and ₹6 lakhs earned in India.
• He is not liable to tax in Germany due to specific expatriate tax provisions.

Analysis:

To determine Rajiv’s residential status, we apply the criteria outlined in the Income Tax laws of India:

1. Primary Condition:

General Rule:

Rajiv spent more than 182 days in India during the financial year 2024-2025, which directly classifies him as a resident under the relaxed primary condition for Indian citizens visiting India.

1. Deemed Resident:

• Rajiv’s total income exceeds ₹15 lakhs, and he is not liable to tax in any other country. Hence, he also qualifies as a deemed resident of India.

1. Secondary Condition (to determine if he is ROR or RNOR):

Since Rajiv has been a non-resident for 9 out of the last 10 years and was in India for less than 729 days in the last 7 years, the secondary conditions are met for RNOR status.

Result: For the financial year 2024-2025, Rajiv is classified as a Resident but Not Ordinarily Resident (RNOR) in India. This status affects his tax liability, as he would be taxed on all income received or deemed to be received in India and all income that accrues or arises to him in India.

However, his foreign income would generally not be taxable in India, except to the extent it is derived from a business controlled or set up in India.

Importance of Residential Status:

Understanding the residential status is essential as it directly impacts the taxation of your income:

1. Taxable Income: Residents are taxed on their global income, while non-residents are taxed only on income earned in India.
2. Tax Rates: Residents often benefit from lower tax rates compared to non-residents.
3. Tax Deductions: Certain deductions and exemptions are available only to residents.
4. Tax Compliance: Residents face stricter tax reporting rules, including the obligation to report foreign assets.
5. Double Taxation: Residential status helps to determine the eligibility for tax relief under India’s treaties to avoid double taxation.

Conclusion:

Understanding your residential status is crucial for managing your taxes, financial planning, and compliance with the law. With the right advice, you can ensure compliance with tax regulations and avoid defaults.

A qualified financial advisor can help you determine the correct residential status and taxes to be paid. This is especially beneficial for individuals travelling to and from India or working abroad. To optimise your taxes, download the 1 Finance app and book a consultation with a qualified financial advisor for a seamless, hassle-free tax planning experience.