This circular clarifies rules for determining an individual's residential status under the Income-tax Act, 1961, particularly for the previous years 2019-20 and 2020-21. It provides relaxations for individuals who were in India due to COVID-19 related travel disruptions. For the previous year 2020-21, specific conditions are outlined to ensure that a short stay in India due to the pandemic does not automatically result in acquiring Indian residency.
Circular No. 2 of 2021
F. No. 370142/18/2020-TPL
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
New Delhi, 3rd March, 2021
Residential status of certain individuals under Income-tax Act, 1961
Section 6 of the Income-tax Act, 1961 (the Act)
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FAQ :
The circular clarifies the determination of residential status for individuals under the Income-tax Act, 1961, addressing the impact of COVID-19 on previous years 2019-20 and 2020-21.
Yes, for individuals who came to India before 22nd March 2020 and were unable to leave due to the pandemic, certain periods of stay (from 22nd March 2020 to 31st March 2020, or quarantine periods) were not counted for determining residential status.
Generally, a short stay in India during the previous year 2020-21 due to being stranded by the pandemic is unlikely to result in acquiring Indian residency, provided specific conditions are met.
They become a resident if their Indian source income doesn't exceed ₹15 lakh and they stay 182+ days, OR if their Indian source income exceeds ₹15 lakh and they stay 182+ days, or stay 120+ days in 2020-21 and 365+ days in the preceding four years.
They become a resident if they stay 182+ days in 2020-21, or stay 60+ days in 2020-21 and 365+ days in the preceding four years.
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Notification No : Circular No. 2 of 2021Published in Income Tax
Source : https://www.incometaxindia.gov.in/Communications/Circular/residency-circular-02-of-2021.pdf