Resident Status for Tax Purpose

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This discussion clarifies the tax residency status for an individual who spent 52 days in India and the rest of the financial year 2021-22 in Europe without working. The consensus is that this individual qualifies as a non-resident for tax purposes in FY21-22. Guidance is provided on how to handle tax filing, specifically regarding entering information for non-residents and reporting Long Term Capital Gains (LTCG) from Equity Mutual Funds.

Proloy Samaradivakera

Proloy Samaradivakera (Querist)

30 June 2022 My Daughter stayed in India for 52 days and rest outside India in FY 2021-22. He got married and gone to Europe, though she is not working there. Does this make her status Non-Resident in FY2021-22 for tax filing purpose?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

30 June 2022 Yes, she is non resident in FY 2021-22.

Proloy Samaradivakera

Proloy Samaradivakera (Querist)

01 July 2022 OK.
1) She is in France and was not working /earning in 2021-22 and hence does not have a Tax Id No in the country - what is to be entered in this item while mention status as Non-Resident?
2) In 2021-22 a Equity MF was sold giving some LTCG - in which schedule will the details of LTCG be entered - 112A or 115AD ?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

01 July 2022 1 Mention as non resident. Enter insurance ID of France.
2 Enter in 112A.

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