• Residency status determination

I Came Back from US to India on 31st Jan (Port Of entry Delhi) but reached my work Location (Pune) on 1st Feb.
For Residency Status Determination which date will considered in My Case will that be 31st Jan or 1st Feb? 

If 31st Jan will going to be considered then to save Tax can i travel outside of India for 2 days on my own so that those 2 days will get considered and
my total duration of stay in FY18-19 will be 58 days and i will get refund of tax deducted.
Asked 6 years ago in Income Tax

It is 31st. What is the nature of your employment?

Vivek Kumar Arora
CA, Delhi
5012 Answers
1135 Consultations

Hi,

 

Hope you are doing well !!

 

It should be considered from 31st Jan.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

I don't your going out for 2 days will make any difference because in one case you will be a non resident and in second case you will be a resident but not ordinary resident and in both cases your income earned in India will only be taxed.

Therefore I don't think going out of for 2 days will make any difference.

Just file the income tax return showing income earned in India, TDS deducted on same and claim refund of such TDS.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Hi,

 

Your status is ‘NRI,’ your income which is earned or accrued in India is taxable in India.

 

You need to file return, show the income earned or accrued in India and claim tds refund subject to actual tax liability in India.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hi

31st Jan shall be considered while calculating the period of stay in India. So, your period of stay comes out to be 60 days and you will be a resident of India.

If you travel outside India for 2days, you will then be a Non resident.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

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