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Tax for recently returned NRI

Tax queries 387 views 8 replies

I returned to India in February 2023 and am currently unemployed. Prior to this I was abroad and resigned from by company in September 2022. I have two questions.

  1. For the current assessment year FY24-25 (tax period FY23-24), do I need to show my overseas bank account?
  2. Although I was unemployed, my former company made a PAYMENT to my Singapore based bank account in December 2023, for my job that ended in September 2022. Will I be taxed in India for the PAYMENT?

 

Replies (8)

All depends upon your Residential status, whether you are ROR or RNOR?

For the current assessment year, I will be resident.

Check the conditions for Resident, Not Ordinary Resident and then take decision.

For Resident Indian all the global income earned or accrued in THE FINACIAL YEAR will be taxable in India.

  1. Yes.
  2. Depends upon whether the income was already taxed in PY or not..

Thank you for response. I have a couple of followup questions.

  1. For assessment year FY2004-25, I was resident in India during the prior financial year. Therefore, based on your resonse above, I will be taxed for the PAYMENT received in December 2023, although it pertained to my employment of 2022. I assume this statement in strue. 
  2. For assessment year FY2023-24, for the prior financial year I had visited India on more than 180 days, however, I did not spend more than 729 days in the previous 7 finanicals years (FY2022-23 included. For this period, I understand that I will be RNOR and therefore my international income will not be taxed nor do I have to declare Foreign Asssets. Please confirm.
  1.  Yes, true; but if it was already taxed in foreign country in preceeding year, and you being RNOR for that year, no need to pay tax again in India on its receipt.
  2.  Correct, RNOR are not liable to tax over foreign income.

One final question.

For taxable year FY2023-24, I had transferred 7cr from my overseas account to my India account. However, this amount pertains to my earning from prior financial years from Singapore and Bahrain. During the same year I received a PAYMENT of about 1cr from my former employer in Bahrain for the year 2022.

For taxable year FY2023-24 I am NOR, will I be taxed on 1cr or on 7cr?

Bank transfer of your savings, is not taxable; only the income accrued in the year will be taxable.

When you return to India after being an NRI, you typically become RNOR (Resident but Not Ordinarily Resident) for 2 years before becoming a full Resident. During the RNOR period, your foreign income (income earned or received outside India) remains exempt from Indian tax, only Indian-sourced income is taxable. The key test is the number of days in India across the last 10 years and the preceding year. For the first AY 2026-27 filing after returning, you need ITR-2 (not ITR-1, since NRI/RNOR status requires foreign asset disclosure in Schedule FA). This [NRI income tax and residential status guide](https://taxgarden.in/blog/nri-income-tax-india-residential-status-dtaa) covers the full RNOR determination, what triggers taxability of foreign income, and how to handle DTAA claims.


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