30 December 2014
For a Not Ordinary Resident, the status shall depend over the period of residence during the previous year. That means if an individual has stayed in India for 182 days or more during the previous year, he should be deemed to be a Resident Director, irrespective of whether he is an NOR under Income Tax.
However, if a person is a resident under Income Tax, due to satisfaction of second basic condition: of 60 days, he will deemed to be a Non Resident.
(The regulation for Resident Director can be found u/s 149 (3) which talks about the 182-day rule)
For any changes in the residential status, DIR 6 will be filed along with the address proof. In case of a foreign citizen, you should attach the residential permit.
30 December 2014
Thank you very much for your quick reply. In my case, my client has been staying in india since october 2012. So, in DIR-3 the residential status can be mentioned as resident. Is that right?
CAclubindia
