Returning to India - Residency confusion

Hi

Need your suggestion For an NRI who worked abroad almost  3 Years outside india (2021, 2022 and 2023). From April 29 2021 but returned back to india on March 17 2024. During FY 23-24 , spent 146 days visiting india (while being employed overseas) and returned back to india on March 17 (14 days india stay after job loss permanent return)

Now the question is for FY 23-24 will the 182 day rule apply or 60/355 day rule apply given I returned  back on March 17?

 Will the visit days be clubbed with permanent stay days or not for determining the 60 day rule ? My status will be Nri or rnor or ror here ?

Even though i returned back on March 17 (my last overseas employment date is April 8 2024 and I chose not to return back as soon I got fired instead of waiting till April )..

my taxable Indian income is less than 15 lakhs

confused between the application of Manoj kumar reddy case and Smita Anand case which give conflicting answers .

Thank you

Replies (3)
Quick Summary
This discussion addresses the complex tax residency status for an NRI returning to India. The user seeks clarification on whether the 182-day or 60/355-day rule applies for FY 23-24, given their return date and overseas employment details. They are also unsure about their classification as NRI, RNOR, or ROR and how their visit days might be clubbed. The user highlights conflicting interpretations from previous case laws and requests assistance in determining their correct tax residency status.

Added timelines around termination below

Also below timeline added for clarity

March 5 - planned travel to Indian on  March 17 (ticket booked)

March 13 - received communication of job termination (4 weeks garden leave and last date of employment as 10th April.

March 13 - booked return flight to Singapore for 9th April

March 17 - took flight to india  (handled medical claims, personal work , reimbursements from india for approvals by employer) till April 8

April 9 - changed plans to not fly as payroll work still pending by employer and medical issue (rescheduled to 22 April)

April 11 - work permit expired

April 22- couldn’t fly as things pending and cancelled plan to fly due to health .

Just wanted to share the timeline for the same .. thanks

Looking forward for your assistance thanks 

Residency status for AY 2026-27 (FY 2025-26) is determined by days of presence in India:

1. RESIDENT (ROR): Present 182 days or more in FY 2025-26, OR 60 days or more in FY 2025-26 AND 365 days or more in the preceding 4 years. For Indian citizens who went abroad for employment, the 60-day rule extends to 182 days. For those with Indian income above Rs 15 lakh, it extends to 120 days.

2. NRI: Does not meet the above conditions.

3. RNOR (Resident but Not Ordinarily Resident): Qualifies as resident under the above rules, BUT was NRI in 9 out of 10 preceding financial years, OR was in India for 729 days or less during the preceding 7 financial years.

WHY RNOR MATTERS: An RNOR pays tax only on Indian-sourced income. Foreign salary, foreign bank interest, and foreign rental income remain outside Indian tax for the RNOR period. This is not the same as NRI status but gives similar protection for foreign income.

If you returned to India recently after being NRI for 2 or more consecutive years, you will likely qualify as RNOR for AY 2026-27. Your foreign income from before the return date is not taxable in India.

STEP TO TAKE: Count actual days of physical presence in India for FY 2025-26 (April 2025 to March 2026) and for the preceding 10 financial years. Passport stamps and travel records are the primary evidence.

This [NRI ITR filing guide](https://taxgarden.in/blog/nri-capital-gains-tax-property-shares-tds-itr-india-guide) covers residential status determination, RNOR rules, and what income to declare in your Indian ITR.

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