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AURIGA ACCOUNTING PRIVATE LIMITED Income Tax Return Filing for Non Resident Indians NRIs

Imagine this: You’ve just moved out of India and landed a fantastic job at a top global company. The salary is impressive, the perks are incredible, and life abroad feels exciting and new. But amidst all the positives, there’s one important part of your financial puzzle that still needs attention—your taxes as a Non-Resident Indian (NRI).

It’s easy to assume that relocating overseas means you’re free from all Indian tax obligations. However, that’s not entirely true. Under Indian tax laws, NRIs must pay tax on any income that is earned or received in India, even if they’re earning a separate income abroad. This can make tax filing more complex and, at times, overwhelming.

But there’s no need to stress—this guide will take you through the essential steps to file NRI taxes in India with ease.
Simplify your NRI tax filing with expert assistance from Auriga Accounting pvt. ltd. !

Is It Compulsory for an NRI to File an Income Tax Return?

Yes. An NRI must file an Income Tax Return (ITR) in India if their income earned or received in India exceeds the basic exemption limit, or if any tax liability arises under the Non-Resident Indian (NRI) taxation rules. Unlike resident taxpayers, NRI income tax slab rates are not differentiated by age—every NRI is taxed uniformly.


NRI Tax Slabs in India

Below are the applicable income tax slab rates for NRIs under the Indian tax regime:


Old Tax Regime

Income Tax SlabIncome Tax Rate
Up to ₹2,50,000Nil
₹2,50,001 – ₹5,00,0005% on income above ₹2,50,000
₹5,00,001 – ₹10,00,000₹12,500 + 20% on income above ₹5,00,000
Above ₹10,00,000₹1,12,500 + 30% on income above ₹10,00,000

New Tax Regime (Section 115BAC)

Income Tax SlabIncome Tax Rate
Up to ₹2,50,000Nil
₹2,50,001 – ₹5,00,0005% on income above ₹2,50,000
₹5,00,001 – ₹7,50,000₹12,500 + 10% on income above ₹5,00,000
₹7,50,001 – ₹10,00,000₹37,500 + 15% on income above ₹7,50,000
₹10,00,001 – ₹12,50,000₹75,000 + 20% on income above ₹10,00,000
₹12,50,001 – ₹15,00,000₹1,25,000 + 25% on income above ₹12,50,000
Above ₹15,00,000₹1,87,500 + 30% on income above ₹15,00,000

Revised Income Tax Slabs (New Regime – Default)

  • Up to ₹3,00,000: Nil

  • ₹3,00,000 to ₹6,00,000: 5%

  • ₹6,00,000 to ₹9,00,000: 10%

  • ₹9,00,000 to ₹12,00,000: 15%

  • ₹12,00,000 to ₹15,00,000: 20%

  • Above ₹15,00,000: 30%


Surcharge Rates for NRIs

  • 10% on income exceeding ₹50 lakh up to ₹1 crore

  • 15% on income exceeding ₹1 crore up to ₹2 crore

  • 25% on income exceeding ₹2 crore up to ₹5 crore

  • 37% on income exceeding ₹5 crore


Rebate Under Section 87A

NRIs are not eligible for the rebate under Section 87A (up to ₹12,500).


For NRIs Returning to India

If you return to India and regain resident status, your Indian Income Tax Return must include your global income, as per Indian tax rules.

Income Tax Return Forms for NRIs

  • When filing income tax returns as a Non-Resident Indian (NRI), choosing the correct Income Tax Return (ITR) form is essential to ensure compliance with NRI taxation rules. Here’s a clear breakdown of the applicable ITR forms for NRIs:


    Background: Changes in ITR Forms for NRIs

    Up to Assessment Year (AY) 2017–18, NRIs were allowed to file ITR 1 (Sahaj) for income earned or accrued in India. This simple form was primarily meant for resident taxpayers with income from salary, one house property, and certain other sources such as interest.

    However, beginning FY 2018–19 onward, the eligibility criteria for ITR 1 were revised. The form is now restricted to Resident Individuals only, making it unavailable for both NRIs and Resident but Not Ordinarily Resident (RNOR) individuals.

    Due to this change, NRIs must use alternative ITR forms based on the nature of their income.


    Applicable ITR Forms for NRI Tax Filing


    1. ITR 2 – For NRIs With Non-Business Income

    ITR 2 is the appropriate form for NRIs who do not have income from business or profession in India. It covers the following types of income:

    • Income from House Property: Rental income from property situated in India

    • Interest Income: Earnings from savings accounts, fixed deposits, or other interest-bearing investments

    • Capital Gains: Gains from the sale of immovable property, shares, mutual funds, or other capital assets located in India

    ITR 2 allows detailed reporting of income and deductions, making it suitable for NRIs with investment, rental, or capital gains income but no business operations in India.


    2. ITR 3 – For NRIs With Business or Professional Income

    NRIs who earn income from business or profession in India must file ITR 3. This form applies if you:

    • Carry on a Business or Profession in India: Income from business activity or professional services

    • Earn Rental Income: Same as ITR 2, but reported along with business income

    • Have Capital Gains or Other Income: If applicable

    ITR 3 is more detailed and is designed for NRIs with complex income structures under non-resident taxation, especially those engaged in business or professional activities in India.

Due Date for Filing Income Tax Return for NRIs

The last date for NRIs to file their Income Tax Return (ITR) for Financial Year (FY) 2023–24 and Assessment Year (AY) 2024–25 is July 31, 2024.

Documents Required for Filing Income Tax Return (ITR) in India for NRIs

To ensure smooth and accurate filing of your NRI Income Tax Return in India, it’s important to keep all relevant documents ready. Below is a list of essential documents you may need:

  • PAN Card

  • Passport (for verifying residential status and travel details)

  • Form 16 (if you have employment income in India)

  • Bank Account Details (including NRO/NRE account information)

  • Property Documents (if you own property in India)

  • Rent Receipts (if you earn rental income)

  • Investment Statements (mutual funds, fixed deposits, shares, bonds, etc.)

  • Details of Foreign Income, if applicable

How to File Income Tax Return for NRI
    1. Filing taxes as an NRI may seem overwhelming, but breaking the process into clear steps makes it much easier. Below is a simplified and structured 15-step guide to help you file your Income Tax Return (ITR) in India in line with Non-Resident Indian (NRI) taxation rules.


      Step 1: Determine Your Residential Status

      Your tax liability depends on your residential status under the Income Tax Act, 1961.
      You are considered a resident if:

      • You stay in India for 182 days or more in a financial year, OR

      • You stay for 60 days in the financial year + 365 days in the preceding 4 years.

      If you do not meet these conditions, you qualify as an NRI for tax purposes.


      Step 2: Reconcile Your Income & Taxes Using Form 26AS

      Form 26AS shows all tax-related information including:

      • TDS (Tax Deducted at Source)

      • Advance tax payments

      • High-value transactions

      Download Form 26AS from the Income Tax portal and match it with your records to ensure all taxes are correctly credited before filing.


      Step 3: Calculate Your Taxable Income

      Your taxable income as an NRI includes:

      • Salary income (if earned in India or paid by an Indian employer)

      • Rental income from property in India

      • Interest income from NRE/NRO accounts, FDs, or other investments

      • Capital gains from selling property, shares, mutual funds, etc.

      Add up all Indian income sources, apply the appropriate NRI tax slab rates, and compute deductions wherever eligible (e.g., 80C, 80D).


      Step 4: Claim Double Taxation Avoidance Relief (DTAA)

      If the same income is taxed in both India and your country of residence, you may claim relief under DTAA.
      You must provide:

      • Proof of foreign taxes paid

      • Tax residency certificate (TRC)

      • Details of the applicable treaty provisions

      This ensures you avoid being taxed twice on the same income.


      Step 5: Register on the Income Tax e-Filing Portal

      To file your ITR online:

      1. Visit the official e-filing portal.

      2. Select Register Yourself → choose Individual.

      3. Enter your PAN (which acts as your TIN).

      4. Provide personal details and create a password.

      5. Verify your account via OTP/email link.

      Ensure your PAN is active for successful registration.


      Step 6: Log In to Your e-Filing Account

      Use your PAN, password, and captcha to log in.
      Complete any additional authentication steps if prompted.


      Step 7: Choose the Correct ITR Form

      The correct form depends on your income sources:

      • ITR-2: For NRIs with income from house property, capital gains, or other non-business sources

      • ITR-3: For NRIs earning income from a business or profession in India

      Select the assessment year (e.g., AY 2024-25 for FY 2023-24).


      Step 8: Fill the ITR Form (Online or Offline)

      You can file in two ways:

      Option 1: Fill Online

      • Use the interactive form on the portal

      • Section-wise guidance simplifies data entry

      Option 2: XML Utility

      • Download the applicable utility from the portal

      • Fill details offline in Excel

      • Validate and generate XML


      Step 9: Disclose Bank Account Details

      You must report all Indian bank accounts (NRE/NRO/Savings).
      Foreign bank accounts may also need disclosure based on your income sources.

      Ensure all account numbers, IFSC codes, and account types are accurate.


      Step 10: Report Assets and Liabilities

      NRIs must disclose:

      • Assets: Properties, investments, bank balances, etc.

      • Liabilities: Loans, outstanding dues

      This ensures compliance and transparency.


      Step 11: Upload Supporting Documents (If Required)

      Generally, ITR filing does not require document uploads.
      However, you may need to upload:

      • TRC (for DTAA claims)

      • Proof of taxes paid abroad

      • Other supporting documents if specifically requested by the department


      Step 12: Review and Validate Your Return

      • Check all entries carefully

      • Validate the form using the in-built tools

      • The system will also auto-calculate your tax liability


      Step 13: Submit Your ITR

      If using XML:

      • Upload the validated XML on the portal

      If filing online:

      • Click Submit after completing all sections


      Step 14: Verify Your ITR

      Your ITR is considered complete only after verification.
      Verify using:

      • Aadhaar OTP (if applicable)

      • Net banking

      • EVC

      • Or by sending a signed ITR-V to CPC, Bengaluru within 120 days

      Electronic verification is the fastest and easiest.


      Step 15: Receive Confirmation

      After verification, the Income Tax Department will acknowledge your ITR filing.
      You can track the status under View Returns / Forms on the portal.

About the Author

Vinod

Vinod is an experienced legal writer who transforms complex legal concepts into clear, actionable insights. His guidance empowers entrepreneurs to understand their legal responsibilities and build compliant, sustainable businesses with confidence.

January 8, 2026

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