Residential Status for Tax Calculation FY 2021-22 And FY 2022-23
In terms of income tax from the perspective of income tax, knowing your taxpayer’s taxability of an individual within India is extremely crucial. To determine tax in accordance with the Income Tax Act India the taxpayer must identify your residence status. To determine whether a person is a resident of India it is necessary to determine whether they are residents of India. Income Tax Department of India has set out guidelines that make it easy to determine whether someone is an Indian resident India in India or not. Let’s look at the guidelines.
Without knowing the assessee’s residence status, it is difficult to estimate his total income. Anyone who becomes resident of India is legally bound to pay tax on all his earned income (including Indian and foreign income). But, a person who is a non-resident only accountable for taxes that are based on Indian revenue. In each year prior to that each individual’s residence situation must be independently determined.
Residential status: How to check?
According to Indian income tax laws, taxable persons are classified as follows:
- A Resident
- A Non-Resident (NRI)
- A Resident not Ordinarily Resident (RNOR)
Let’s now go over the provisions of the Income Tax Act and see how one can be a resident/non-resident/a resident not ordinarily resident based on the provisions of the act. To calculate the tax burden of a taxpayer for a particular year we will consider the status of his or her residence in the year.
Resident in India:
The status of residents in India is mainly determined by the number of days they stay in India. If a person satisfies any of the given conditions, then the person is said to be a resident of India.
Condition A– The person is in India for 182 days or more during the previous year or
Condition B– The person is in India for 60 days or more during the previous year and for 365 days or more during 4 years immediately preceding the relevant previous year.
If any of the above-mentioned conditions are met, then a person is necessarily a resident of India. To make things clear, let us take up an example.
Exception of Conditions B
In the following cases, 60 days as mentioned in the Condition B will be replaced by 182 days. When:
- The Indian citizen leaves India during the previous year for employment outside India.
- Indian citizen or person of Indian origin who, being outside India comes on a visit to India during the relevant previous year. However, such a person having total income other than the income from foreign sources exceeding Rs. 15 lakhs during the previous year will be treated as a resident in India if he has been in India during the 4 years immediately preceding the previous year for a total period of 365 days or more and has been in India for at least 120 days in the previous year.
Who is the person of Indian Origin: An Indian is someone who was born in undivided India before 15th August 1947, or who has either one or both parents or grandparents born there.
Employment Means: Employment includes self-employment (own business or profession)
Deemed Resident: An Indian citizen whose total income (excluding foreign source income) exceeds Rs.15 lakhs in the previous year is considered to be a resident of India that year, if he is not taxed in any other country or territory, he is always regarded as a deemed resident.
Non-Resident of India:
When a person doesn’t meet any of the basic requirements as given under the ‘resident in India’ section, the person is said to be a non-resident.
Resident Not Ordinarily Resident:
If both of the following conditions are met, a person becomes Resident Ordinarily Resident (ROR).
- Has been a resident of India in at least 2 out of 10 years immediately after previous years and
- Has spent at least 730 days in India in 7 immediately preceding years
Any person who falls under the ‘Resident in India’ category, but does not meet the requirements of ‘Not-Ordinary Resident’ will be treated as an ‘Ordinary Resident of India’.
Important Points for Residential Status:
Before determining a person’s residential status, you should also consider the following factors.
- Every year, the residential status of a person is determined separately.
- One day consists of 24 hours.
- In the absence of an exact arrival time, the day of arrival shall be considered complete. In the same way, if the time of departure is unknown, it shall also be considered a complete day.
If you have any concerns or difficulties in knowing the residency status of someone, contact us via the form here: