LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Subramanian.V (NA)     06 June 2017

Nri or resident indian for 2016-17

My date of birth is October 17, 1938. I am 78 years old. I recently got Green Card in USA. The details are as follows: 1. My wife & me got Green Card wef September 20, 2016. That means we were in India for less than 182 days during 2016-17. 2.Out stay details in India in the last few years from 2010-11 are as follows: (a) During 2010-11: Stay in India -all 365 days (b). During 2011-12: Stay in India-all 366 days (c). During 2012-13: Stay in India- only 173 days (d). During 2013-14: Stay in India-200 days (e). During 2014-15: Stay in India- 180 days (f). During 2015-16: Stay in India-366 days (g). During 2016-17; Stay in India- 173 days (Same is mentioned in serial no: 1 above.) Can you please explain how my NRI status for 2016-17 is interpretated in view of " To qualify as a resident Indian, an individual should have spent 182 days or more of a financial year in India, or stayed in India for 60 days or more in the year and for a period of 365 days or more in the 4 years preceding the relevant financial year.". Though I have stayed less than 182 days in India, Am I not satisfying the other condition to be Resident during 2016-17? Pl clarify?

 



 4 Replies

Ms.Usha Kapoor (CEO)     06 June 2017

If you stay 60 days atleast in A FINANCIAL YEAR and 365 days  or more in the preceding 5 years in a financial year is enough to qualify as a resident.

Read more at: https://www.lawyersclubindia.com/forum/Nri-or-resident-indian-for-2016-17-150496.asp

Ms.Usha Kapoor (CEO)     06 June 2017

If you stay 60 days atleast in A FINANCIAL YEAR and 365 days  or more in the preceding 5 years in a financial year is enough to qualify as a resident.

Read more at: https://www.lawyersclubindia.com/forum/Nri-or-resident-indian-for-2016-17-150496.asp

Ms.Usha Kapoor (CEO)     18 June 2017

IN ORDER TOBE A RESIDENT YOU'LL HAVE TO STAY AT LEAST 183 DAYS IN A FINANCIAL YEAR.IN iNDIA. wHEREAS YOU STAYED IN 2016-17 YOU ONLY 173 DAYS. hENCE yOU HAVE NOT SATISFIED THE CONDITION OF  STAYING 183 DAYS IN iNDIA TO BE  QUALIFIED AS RESIDENT. HENCE YOU ARE NOT A RESIDENT FOR 2016-2017 fINANCIAL YEAR.pLEASE DELETE MY PREVIOUS ANSWER. i WAS  WRONG. NOW  I'M CENT PERCENT CORRECT.

Master Warrior (AOR)     08 October 2017

Usha's first answer was the correct one. You have stayed more than 365 days in the past 4 years plus over 60 days in 2016-2017, so for tax purposes you are a resident.

You answered your own question in your post:

To qualify as a resident Indian, an individual should have spent 182 days or more of a financial year in India, or stayed in India for 60 days or more in the year and for a period of 365 days or more in the 4 years preceding the relevant financial year.
 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register