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

Proloy Samaradivakera

Proloy Samaradivakera (Querist)
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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)
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01 July 2022 1 Mention as non resident. Enter insurance ID of France.
2 Enter in 112A.

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