Residential status


my account   14 August 2019

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Hi,

1. I came to USA for Employment in March 2019 and my assignment is planned to complete by mid October 2019 post which I will return to India. Would I be considered Resident or Non Resident for FY 2019-2020? Is the status determined based on the year you leave India? As I left India in March 2019, would the rule of 182 days apply for FY 2019-2020? Is Explanation applicable only to the financial year in which the person leaves India for employment?    

2. I was also in US from November 2017 to November 2018. What would be my residential status for FY 2018-19?

I was in India before Dec 2017 for the previous 10 years 
 

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Prasanth Surya   14 August 2019

Prasanth Surya

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Irrespective of the previous year you leave India, you would be considered as resident only if you are in India for a period of 182 days or more in the FY 2019-20. In respect of FY 2018-19, you would be considered as a resident as you were in India for a period exceeding 182 days.

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my account   14 August 2019

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Hi Prasanth,

1. For FY 2019-20, I referred to following text from explanation 1:

Explanation. 1—
for the purposes of employment outside India, the provisions of sub-clause (c)
shall apply in relation to that year as if for the words "sixty days", occurring therein, the
words "one hundred and eighty-two days" had been substituted ;
 

Please let me know the impact of word 'that year' in this statement

2. For FY 18-19, as I mentioned in the question, I was out of India from NOV 2017 to NOV 2018, so I was in India for less than 182 days, would that mean non resident?

Thank you for your response.

 

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my account   19 August 2019

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 18 points

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Please help.


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