Issue with no residency during Jan, Feb, March 2025 due to diff. between US and India tax years.

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LoneWolf (Querist)
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08 January 2025 I was in US and became a US resident during Jan, 2024 - Dec 2024. I will be leaving US in February, 2025 and will be a NRI in India for FY 24-25. I will be a non resident in USA as well in Jan 2025 - Dec 2025. My questions are -

1. During Jan - Feb 2025 , My taxes from salary will be deducted in USA. Do i need to pay tax in India as well on the foreign income?
2. Will i be a NRI or RNOR if i spent 54 days in India in FY 24-25? My income in india is less than 3 lakh. Does non residency in Jan - March effect my residency in India?

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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08 January 2025 1. No.
2. NRI provided you satisfy second condition for NRI. No.

LoneWolf

LoneWolf (Querist)
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08 January 2025 Thank you sir. I will be in India for 54 days between 1 April, 2024 - 31 March, 2025. So I am an NRI, right?
The second condition for residency is 60 days or more and more than 365 in preceding 4 years? since i am less than 60 days, so i dont meet the 2nd condition for residency as well?

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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08 January 2025 That is correct.

LoneWolf

LoneWolf (Querist)
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09 January 2025 Hi Sir, I had another question. Since i was a resident in USA from April 2024 -Dec 2024, And not from Jan 2025 - March 2025. There is a question to specify the jurisdictions of residence in the ITR when i mention non resident. Should I mention USA in there or not since I was not a resident in USA for the full indian year?

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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09 January 2025 As per IT act..... Non residence eligibility is based on number of days you stayed in India, and not over residency of any foreign country. Moreover you have only two option either India or USA, so selecting USA is the only option.

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