Returning NRI to India for permanente settle


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This discussion clarifies the residential status for Non-Resident Indians (NRIs) planning to return to India for permanent settlement. It addresses how staying 183 days or more outside India in a financial year affects NRI status, and how specific durations of stay in India can lead to becoming a resident. The conversation also touches upon potential RNOR (Resident Not Ordinarily Resident) status for a few years upon return.

18 June 2024 I am NRI from +10 years.
In FY 2024-25, I will be out of India for 183 days and balance days will stay in India. Will I be considered as NRI
(1st April to 1Sept overees)

18 June 2024 for attaining Residential Status you need to stay in India for 182 days or more OR 60 days in Previous year and 365 days or more in 4 years preceding to previous year. https://www.caclubindia.com/articles/section-6-of-income-tax-act-51907.asp

18 June 2024 Yes, if out of India for more than 183 days.........

18 June 2024 Thank you Mr. Dhirajlal.
One more clarification.
in FY 24-25 , 183 day oversee stays
in FY 25-26, 183 days oversees stays
For both year I will be considered having NRI status and lateron FY26-27 I will be resident.


18 June 2024 Yes, if in FY 2026-27, if you stay 60 days or more in India, and more than 183 days in preceding both years out of India...........
But you will be facilitated as RNOR for few more years !!!

30 August 2024 Good luck.

18 February 2025 Dear Mr. Dhiraj lalji,

In above same question, staying +10 years oversees. Would prefer your guidance on my NRI status if I come to India for permanent settlement.

FY 24-25 stayed in India 181 days only
FY 25-26 stays in India 181 days only, I understand current budget 2025 says <120 days.
Am I NRI for FY 2025-26
If not, to keep NRI status how many days I must stay in India.

Thanks a lot for your guidance

19 February 2025 As such there is no change in sec. 6(1) of IT act, as per budget 2025. The changes incorporated in the budget are detailed below::
https://www.brivanglobal.com/blog/nri-tax-exemptions-under-budget-2025/

You need to check your income in India, If it exceeds Rs. 15 lakhs, then the 120 day rules will apply.

20 February 2025 Dear Mr. Dhiraj Lalji,

If I stay in above FY 2025-26 in India 181 days and my Gross taxable Income or Total Income
is <15 lakhs (excluding interest on NRE deposits). Hence, I will be treated as NRI.
Am I correct?

20 February 2025 Yes, but check your stay in all the preceding 4 years.


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