• ITR-2 in India for NRI (U.S. citizen)

I was Indian Citizen having my PAN Card and was filing my ITR in India every year till 2005 . I migrated to USA for job in 2005 and since then i have not filed my income tax return in India because there was no taxable income for me in india since then . At present , i am US Citizen (with OCI Status) living and working in USA and visit India for 2 - 3 weeks every year . Now , i am also planning to start filing Income Tax Return in India from Assessment Year 2018 - 19 because now i have 2 rented house properties in India and this is the only source of my income in India in addition to some interest on bank balance in NRO account in India . Please clarify : 

(1) I have my PAN Card which got issued when i was living & working in India as resident indian citizen before i migrated to USA in 2005 . Now , I just checked the status of my old PAN online and it shows all correct with active status , but it shows YES under the column of Indian Citizen . However , i am US Citizen now . .............. Should i start filing my ITR now again after a gap of around 13 yrs with the same old PAN Number without worrying that it shows Indian Citizen in online PAN records ?

(2) Will the online citizenship status in PAN records will automatically change to US Citizen once i will start filing my ITR again in India now or do i need to get it updated before starting to file my ITR for AY 2018-19 ?

(3) I file my US Tax Return online by myself without any professional help because many online software Tax Applications are there in U.S. market which help step-by-step in filing and submitting tax return successfully . Can i similarly file my ITR-2 in India also by myself with any reliable online app. ?

(4) Is any Aadhaar linking needed in my situation to start filing indian ITR from AY 2018-19 ?

(5) What is to mention in the lines of (e) , (f) and (g) under Part A-GEN of ITR-2 format at  https://www.incometaxindia.gov.in/forms/income-tax%20rules/2018/itr2_english.pdf
Asked 7 years ago in Income Tax

1) Yes you can start filing it again.

2) It will remain Indian citizen only because you are Indian citizen also.

3) Take the help of professional to avoid any error.

4) Yes as you are Indian citizen as well.

5) No need to fill information in e,f and g.

Please call me on 7060029944

Vivek Kumar Arora
CA, Delhi
5012 Answers
1135 Consultations

Hi,

Please find below the response to your queries:

1. Yes you can use the same PAN to start filing the return.

2. No. It will remain as Indian citizen. For tax purposes residential status is important not citizenship.

3. Yes you can. For you it will be a simple return as there is only one source of income. However, you can also take the help of a professional to ensure that the same is filled and submitted correctly.

4. Yes

5. No for all the 3 questions.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

Hi,

Please refer to the replies inline below:

1) Yes you may start refiling the income tax returns without worrying on the status appearing on your PAN card online.

2) The status on PAN card is not relevant for you. The relevant part is that you need to file non resident status in your income tax return.

3) There are many online software available in the market out of which one of them is Taxcloud. But there are always chances of skipping something or the other. So it is advisable to take the professional's advise.

4) For NRIs, its not mandatory yet to link adhaar with PAN. However, developments may come in this later on.

5) The answer to all the three points in your case should be "No".

Thanks & Regards,

Damini

Damini Agarwal
CA, Bangalore
504 Answers
31 Consultations

1) Yes for NRI it is not compulsory.

2) Not used any of these so cant say. We have our own softwares.

3) ITR-2 will be used.

4) If possible ask for PAN also.

Vivek Kumar Arora
CA, Delhi
5012 Answers
1135 Consultations

Hi,

1. Yes. It is not mandatory for you.

2. You can use the government portal to file your return.

3. Please use ITR 2 to file your return

4. Their names should be sufficient. However you may ask for the PAN Nos. also.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

yes you can start return filling ,can use itr 2 for the same.

It is advisable to take professional help to avoid errors.

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

Hi

1. Yes, you should start filing return with old PAN.

2. No, it will not change and you don't need to do anything. You are an Indian citizen by birth but you are a non resident. Don't do anything.

3. Yes, you can file it if you are comfortable with it but I would recommend you to take professional help because otherwise you may end up doing some mistakes as you are filling it for the first time.

4. If you have aadhar, it should be linked with PAN. If you don't have aadhar, then nothung is required.

5. Don't remember off end.

Please feel free to call/ revert in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

1. Please refer answer 4 of my previous reply.

2. I would refrain myself for promoting any specific software as I have not used anyone of it. Computax is good.

3. ITR 2 is applicable to you.

4. You will have to collect PAN.

Please feel free to call/ revert in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

Need bank statement to collect the figure of rent received.

For interest deduction, need interest certificate from bank and PAN of the bank.

Date of completion of construction for PRE-EMI interest.

We may assist you in return filing. You can send your docs at .com or call me at 7060029944 for further discussion.

Vivek Kumar Arora
CA, Delhi
5012 Answers
1135 Consultations

For the rental income you will need the bank statement where the rental incomes have been credited supported with the rental agreement.

Get the loan statement from the bank account giving the breakup of the principal and interest paid during the year.

Date of completion of construction is considered for PRE-EMI interest. For EMI, date of possession is considered.

Hope that clarifies.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

Yes, you can claim total interest (PEMI + EMI Interest Part) will be allowed 1/5th deduction starting from AY 2017-18

Please feel free to call/ revert in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

Ask a Chartered Accountant

Get tax answers from top-rated CAs in 1 hour. It's quick, easy, and anonymous!
  Ask a CA