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Who is nri and whether to file itr

Naina (CA Student) (477 Points)

18 February 2017

A person has been in India for less than 60 days in F.Y. 2015-16. Whether she is non-resident? Is she liable to file ITR for A.Y. 2016-17? If yes, which ITR form and what incomes will be shown in her ITR? She has fixed deposits in banks on which TDS is being deducted. Please advise. Thanks.

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Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (160327 Points)
Replied 18 February 2017

If she is not ROR/RNOR, she is NRI.

If she has been in India for equal to 60 days, check for other condition.

"A person is a resident Indian in a particular year if he fulfills either of these two conditions: - He/she has been in India in that year for 182 days or more or - He/she has been in India for 60 days or more in that year and 365 days or more in the 4 years preceding that year"

But if her stay is less than 60 days, she is NRI.

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Abhinav (CA) (397 Points)
Replied 18 February 2017

The person is a non-resident for the said financial year.

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Naina (CA Student) (477 Points)
Replied 18 February 2017

Thanks Sir. If she is non-resident, which ITR form is to be filed for A.Y. 2016-17 and what incomes will be shown in her ITR? In India, she has fixed deposits in banks on which TDS is being deducted.

(Guest)

FOR INDIVIDUALS HVING INCOME FORM SALARIES , ONE HOUSE PROPERTY , OTHER SOURCES (INTEREST ETC )

ITR 1

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Abhinav (CA) (397 Points)
Replied 20 February 2017

All income either accrued or arisen or deemed to accrue and arise in India or from a business connection in India or directly received in India will be taxable. Apart from interest, you can check if she has any rental income or income from capital gains from sale of shares/mutual funds etc. Or if she has received a gift from a non-relative in excess of INR 50K. Ideally, best thing is to scan the bank statements of the client & seek explanation for all credit entries.

If interest income is the only income for AY 2016-17, you can use ITR 1. In case of capital gains, use ITR 2.

Thanks!

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