Residential status for filling income tax returns in India


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This discussion addresses the tax residency status for senior citizens who have moved to the USA on a Green Card but are visiting India. They previously filed as 'Resident' for AY2024-25 due to spending over 182 days in India in FY2023-24. The query seeks advice on their status for AY2025-26, considering their current extended visit to India and the implications for global income taxation in both India and the USA.

13 November 2024 I along with my wife (both senior citizens of India by birth) moved to USA for permanent residence on Green Card at the end of Oct 2023. We are now on a visit to India since 8th July 2024 and will return to USA on 13th Dec 2024 and will not visit India again during the AY2025-26.
we were in India for 211 days (from 1April 2023 to 29th Oct 2023) in the financial year 2023-24 hence filed our returns for AY2024-25 as “Resident”
We will be staying in India for 158 days (from 8th July 2024 to 13th Dec 2024) in the financial year 2024-25.
We are filing Tax returns to IRS USA on global income as resident.
Grateful for advice what should be our status for returns to be filed for AY2025-26 in India.

13 November 2024 Resident Indian as per sec. 6, IT act

15 November 2024 Does this mean our global income for AY2025-26 will be taxable in India? (and taxable in USA as well)

15 November 2024 Global income is assessed in Indian ITR, but you can get rebate of the taxes paid in foreign countries.


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