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To file itr for fy 2017-18 as nri or resident

ITR 725 views 4 replies

I am a New NRI in USA. I got Green Card on Sept 20, 2016. I have been a permanent resident of India all along my life(age 78 years).. To be a Resident I do not qualify on condition 1 ie I stayed in India less than 182 days during 2016-17. But according to my view, I satisfy condition 2 namely: "stayed in India for 60 days or more in the year and for a period of 365 days or more in the 4 years preceding the relevant financial year". ( My stay in India in the earlier four years were as follows: FY-2015-16: 366 days, FY 2014-15:182 days, FY2013-14: 198 days & FY2012-13: 166 days). My queries are : (1). In my ITR  for AY 17-18 should I say Resident or NRI? (2).My income is limited to Interest income only & is Rs. 2.80 lakhs. If Resident, I need not file ITR but if NRI I should file being above Rs. 2.5Lakhs.In ane case I would like to file ITR. Is there any other condition to satisfy as NRI or Resident for Income-Tax purposes?

Replies (4)

1. As per the available data, you are ROR for FY 2016-17

2. File ITR 2. Declare the income under IFOS. Your tax liability is Nil.

3. Fill up all the schedule of foreign income, tax paid, assets etc.

Good luck.

Thank you Sri Dhirajlal Rambhia.Do you want any other data pl? However I would appreciate if you can tell me : (1). What is ROR & IFOS? (I am unable to get in Google).(2). Why sir ITR 2?  I do not have any foreign Income.

My income is in India only & that too interest income only.Since my income in India converted to Dollars is around $4500 only & since I am here with my wife no tax need to be paid for 16-17 as per CPA here. I have no asset in USA  also.

Subramanian.V

1. ROR is Resident (Ordinary Resident) & IFOS means Income From Other Sources.

2. Though you have no income or assets or transactions out of India, but being US resident now, declaring it as nil under ITR 2 will safe guard you for future inquiry, rather than non declaration same in ITR1. Its better option.

Hi Subramanian V,

As rightly stated by Dhirajlal Sir, since you qualified the second condition of Sec 6(1), you are a resident of India in FY 2016-17. Adding, since you were not a Non - Resident in 9 out of 10 previous years preceeding the current year, or, your stay in India in preceding 7 years is not equal to or less than 729 days, your residential status will be termes as 'Resident, ordinarily resident'  in India, termed by Dhirajlal sir as (ROR).

Hence you will be assessed as a normal resident in India for FY 2016-17.

But just to update you, that since your age is 78 yrs, you fall under the senior citizens category. Thus any income below Rs. 3,00,000/-, is exempt in your case. Hence as per Sec 139(1), since you do not have a taxable income in FY 2016-17, you are not liable to file Income Tax Return.

In case of any further query or any tax related assistance you cann contact me at the following:

Anubhav Jain

anubhavjain441 @ gmail.com

 

Thanks

 

 


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