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NRI Taxation

Taxes collected from citizens form the backbone of the Indian economy. Under the Indian Income Tax Act, 1961, NRIs — individuals earning income outside India — are subject to specific tax rules. These regulations and benefits differ significantly from those applicable to resident Indians.

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Ready Your NRI Taxation.

Why Should I Use Auriga Accounting For NRI Taxation ?

Auriga Accounting has a team of registration experts who can provide complete guidance to register your NRI Taxation

book appointment

Our team of experts will get in touch with you and collect all necessary documents and details

Resolve all your queries

We fill out and file your application for ITR Filing 

Complete your ITR Filing

Ready Your NRI Taxation.

Overview - NRI Taxation

Many Indians spend a large part of the year abroad, raising the question — do they still need to pay taxes in India? The answer depends on their residential status and income source. The Indian Income Tax Act, 1961 covers both residents and Non-Resident Indians (NRIs), though tax rules and benefits vary between the two.

This guide breaks down NRI taxation — from rules to exemptions — helping you understand your obligations and perks. For expert assistance with filing returns, claiming deductions, or navigating complex tax laws, Auriga Accounting offers reliable guidance to ensure a smooth, stress-free tax experience.

Taxable Income for an NRI

If you’re classified as a Non-Resident Indian (NRI) for income tax purposes, only the income earned or accrued in India is taxable. Any foreign income — earnings generated outside India — is not taxable in India.

Here’s a breakdown of the key types of income taxable for NRIs:

Types of Taxable Income for NRIs:

  1. Salary Income: Salary received in India or for services rendered in India is taxable.             Taxed as per the income tax slabs applicable to individuals.

2. Rental Income:

  • Income from rented property in India is taxable under income from house property.
  • NRIs can claim:
    • 30% standard deduction on rental income.
    • Deduction for municipal taxes paid.

3. Capital Gains Income:

  • Capital gains from the sale of Indian assets (e.g., property, shares, mutual funds) are taxable.
  • Short-term and long-term capital gains rates vary:
    • 12.5% or 15% for short-term gains (e.g., listed equity shares).
    • 20% for long-term capital gains (e.g., real estate, unlisted shares).
      (Plus applicable surcharge and cess)

4. Interest Income: Interest earned on Fixed Deposits (FDs) and savings accounts in India is taxable. Interest on NRE accounts is exempt, but interest on NRO accounts is taxable.

5. Other Income: Dividends, pension income, and business income earned or accrued in India are taxable.

Tax Slabs for NRIs

NRIs follow the same income tax slabs as residents — without age-based exemptions:

  • Up to ₹2,50,000No tax
  • ₹2,50,001 to ₹5,00,0005%
  • ₹5,00,001 to ₹10,00,00020%
  • Above ₹10,00,00030%

Surcharge and cess apply for higher incomes:

  • 10% surcharge on income exceeding ₹50 lakh
  • 15% surcharge on income exceeding ₹1 crore
  • 4% health & education cess on total tax

Determining Your Residential Status – NRIs

You’re classified as an Indian resident for a financial year if:

1.Stayed in India for 182 days or more during the financial year.
2.Stayed in India for 60 days or more in the financial year and 365 days or more in the last 4 years.

Exceptions: For Indian citizens working abroad, Indian ship crew, or Persons of Indian Origin (PIO) with income ≤ ₹15 lakh (excluding foreign income) — only the 182-day rule applies.

Resident but Not-Ordinary Resident

You qualify as RNOR if:

  • You were an NRI for 9 out of the last 10 years, or
  • Stayed in India for 729 days or less in the last 7 years.

Finance Act 2020 Update:

  • Income (excluding foreign sources) ≥ ₹15 lakh + stay between 120-182 days = RNOR status.
  • Stay > 182 days = Resident, regardless of income.

Deemed Residency (Finance Act 2020)

Indian citizens earning ₹15 lakh+ from Indian sources and not taxable in any other country are deemed residents (classified as RNOR).

Taxable Income for NRIs — Quick Breakdown

Salary Income: Taxable in India if received in India or on your behalf (e.g., deposited in an Indian account).  If services are rendered in India, the salary is taxable — even if paid abroad.

Government Employees: Indian citizens working for the Government of India (e.g., in embassies or international projects) are taxed in India, even if services are rendered outside India.  Diplomats and Ambassadors are exempt from taxation.

Example: Ajay, working in China for an Indian company, wanted his salary sent to his Indian bank account for family and loan payments.  Since salary received in India is taxable, Ajay chose to receive it directly in China to avoid Indian taxation.

Income from House Property For NRIs

Taxable Property Income: Income from property located in India (rented or vacant) is taxable for NRIs.    Calculated the same way as for residents.

Deductions Allowed:

  • 30% standard deduction on rental income.
  • Property taxes and home loan interest deductions.
  • Section 80C deductions for principal repayment, stamp duty, and registration charges.
  • Taxed at income slab rates.

Example: Nandini, living in Bangkok, earns rental income from her house in Goa — it’s taxable in India.

Rent Payments to NRIs:

Tenant’s responsibility: TDS at 30% must be deducted before rent payment. Rent can be sent to an Indian account or NRI’s foreign account.

Example: Maria pays ₹30,000 monthly rent to her NRI landlord — she must deduct ₹9,000 (30% TDS) before transferring the money.

Forms Required:

  • Form 15CA: Tenant submits it online to the Income Tax Department.
  • Form 15CB: A CA’s certificate (needed for large or special remittances) confirms TDS rate and compliance with Section 195.

Exceptions:

  • No Form 15CB for payments under ₹5,00,000 (in a financial year).
  • Lower TDS applies with Section 197 certificate.
  • Some transactions under Rule 37BB are exempt from both forms.

Other Income Sources: NRI

Interest Income:

  • Fixed deposits & savings accounts (Indian banks) — taxable.
  • NRE & FCNR account interest — tax-free.
  • NRO account interest — fully taxable.

Income from Business/Profession: Income from a business controlled or set up in India — taxable in India.

Capital Gains:

  • Capital gains from selling property, shares, or assets in India — taxable.
  • Long-term capital gains (property) — TDS at 20%.
  • Exemptions:
    • Section 54: Reinvest in a new house.
    • Section 54EC: Invest in capital gains bonds.

Special Provisions for Investment Income:

  • NRIs investing in certain Indian assets — 20% tax on income earned.
  • If this is the only income and TDS is deducted, NRIs don’t need to file a tax return.

TDS Compliance Steps for Rent Paid to NRIs

Form 15CA: The tenant must submit Form 15CA online to the Income Tax DepartmentIt reports details of the payment made to the NRI landlord and ensures TDS compliance.

Form 15CB:

  • A Chartered Accountant (CA) certifies this form to confirm TDS deduction and remittance details.
  • Form 15CB is NOT required if:
    • Total remittance is less than ₹5,00,000 in the financial year.
    • The Assessing Officer (AO) issues a certificate for lower TDS.
    • The transaction falls under Rule 37BB of the Income Tax Act (specific exempted transactions).

New Income Tax Bill 2025: Updated Tax Residency Rules for NRIs

The Income Tax Bill 2025, introduced on February 13, 2025, and effective from April 1, 2026, brings major changes for NRIs, Persons of Indian Origin (PIOs), and frequent visitors to India.

Revised Tax Residency Criteria

The 182-Day Rule (Unchanged):

  • An individual remains a tax resident if they stay in India for 182 days or more in a financial year.
  • Less than 182 days? You’re still classified as an NRI.

Modified 60-Day + 365-Day Rule:

  • Stay 60+ days in the current year and 365+ days over the last 4 years? You’re a resident — unless:
    • You’re an Indian citizen working abroad or a crew member on an Indian shipexempt from this rule.
    • NRIs/PIOs visiting India with Indian income below ₹1.5 million are also exempt.
    • Example: Rahul, working in the US, visits India for 100 days — he remains an NRI under the new rules.

The 120-Day Rule for High-Income NRIs/PIOs:
For NRIs/PIOs earning ₹1.5 million or more from India:

  • Stay 120 days or more in a financial year and 365+ days over the last 4 years → You become RNOR (Resident but Not Ordinarily Resident).
    • Example: Raj earns ₹2 million from India and stays 130 days — he’s now RNOR, not NRI.

COVID-19 Relief (FY 2019-20)

For visitors stuck due to the lockdown:

  • Stay from 22nd to 31st March 2020 ignored if unable to leave.
  • Quarantine period (from 1st March to departure) ignored if evacuated before 31st March 2020.

Income distributed to partners is tax-free in their hands (partners pay tax on other personal income).

Not Ordinarily Resident (NOR) Status

You qualify as NOR if:

  • You were NRI for 9 out of the last 10 years.
  • You stayed in India for 729 days or less over the last 7 years.
  • You’re an Indian citizen/PIO earning ₹1.5 million+ in India and stayed 120-182 days in a financial year.
    • Example: Nikhil, an NRI returning to India, stayed 500 days over 7 years — he qualifies as NOR and pays tax only on Indian income (global income remains exempt).

RNOR (Resident but Not Ordinarily Resident) Status

  • Only Indian income is taxable — global income is exempt.
  • Stay 182 days or more, and you become a full residentglobal income is taxable.

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