Non resident Indian

Tax queries 860 views 3 replies

CA.Raghuveer.K

97 Points Joined October 2007

Hello Friends....

I wanted to know about Non Resident indian obligation to File Income tax return.....viz

1)Even though NRI does not have income in india but having income from outside india IS IT COMPULSORY TO FILE INCOME TAX RETURN?

2)If he wants to file return of his income from outside india,what are the procedures to be complied under income tax act?(ANY FORM)

3)what are the documents or proofs to be submitted along with his return to prove his income(from outside india) and his RESIDENTIAL STATUS?

4)is there any provision in income tax"WITH OUT FILING HIS RETURN" just declaring that he is maintaining Non resident status?(ANY DECLARATION)

Replies (3)

Deepak goyal

Apprentice

42 Points Joined November 2009

if there is Any income which having a source from india then he has to pay tax on that income more over this not mean that if a person is NRI if he earns income In India or Through india than he has to pay tax

Juzer Sadikot

CA - innovative solutions for Imports an

1309 Points Joined November 2008

Dear Mr. Raghu,

Taxability of Income depends on the residential status of a person. As per Income Tax Act, the status of a person as a resident or non-resident depends on his period of stay in India.

Further the taxability based on Residential Status is described as below:

1. A person who is a non-resident (NRI):

i. Income earned from any source in India e.g. interest from investments in India, capital gains from investments and immovable property in India etc. is taxable in India.

ii. Any other Income earned or received in India is taxable in India.

iii. Income other than the above is not taxable in India.

2. A person who is resident but not-ordinarily resident (RNOR):

i. Income earned from any source in India e.g. interest from investments in India, capital gains from investments and immovable property in India etc. is taxable is India.

ii. Income earned outside India from Business controlled or profession set-up in India is taxable in India.

iii. Any other Income earned or received in India is taxable in India.

iv. Income other than above is not taxable

3. A person, who is Resident and ordinarily Resident (ROR) in India, is liable to pay tax in India on his world income.

For answers relating to filing Return of Income please refer attached file.

Also, there are no seperate set of forms/process/submission etc. for filing ROI by NRI.

Regards

Juzer