• India tax resident status

Am I a Indian Tax Resident?
I have been living in New Zealand since June 2014 and have not visited India since
I receive rent for my property in Mumbai which i use to pay off my home Loan
Asked 5 years ago in Income Tax

The income earned in India needs to be taxed in India even if you are a non resident

Therefore if you are having income above ₹250000 then you need to file income tax return in India.

You need to file income tax return as a non resident.

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
4272 Answers
97 Consultations

5.0 on 5.0

Hi

 

You will be a Non Resident for Indian taxation purposes.

However, since you have a rental income in India, such income is taxable in India. If your total income for a Financial Year exceeds 2.5 lacs, you are required to file Income tax returns in India.

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

Hi,

- As per India Income tax law, if an individual is out of india for more than 182 days during the previous year then he would be considered as Non-resident. In case of Non-resident, income earned in India would be taxable if the total income is more than Rs.2.50 lacs and would be chargeable to tax as per the slab rate.

 

- Please check the applicability of the above condition in your case for the F.Y. 2018-19 i.e. A.Y. 2019-20. 

 

- In respect to previous years preceding the F.Y. 2018-19, check Form 26AS for any TDS deduction.

 

Thanks

Vivek Kumar Arora
CA, Delhi
4845 Answers
1038 Consultations

5.0 on 5.0

For being a tax resident you need to visit India but since you are not visiting for tax purpose you are a non resident.

Naman Maloo
CA, Jaipur
4272 Answers
97 Consultations

5.0 on 5.0

No. You are not a tax resident in India.

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

- Income tax liability in india depends on the residential status. In your case as you are living in New zealand since 2014 and has never visited India since therefore residential status would be Non-resident but it does not mean that NRI are not liable to pay tax in India.

 

- In respect to residential status answer is NO.

Vivek Kumar Arora
CA, Delhi
4845 Answers
1038 Consultations

5.0 on 5.0

Dear Sir,

 

Hope you are doing well !!

 

No, you are not a tax resident in India.

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

Further, your tax liability will arise in India only if rent from property exceeds RS 2.5 lakh in financial year.

 

This is just for your information.

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

Hello,

Your residential status would be a Non Resident as per Income Tax rules, that means you are not an Indian Tax Resident.

 

Your rental income in India would be taxable. If this is your only income in India and your total income in India is less than the basic exemption limit (i.e. Rs. 2,50,000), then you don't have to pay any tax on it. In fact, since no tax is payable, you can claim a refund of the TDS deducted(if any) on rental income. A refund can only be claimed by filing an income tax return.

 

I hope this answer satisfies your requirement.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

5.0 on 5.0

Hi,

 

Residential status is determined for every financial year separately. Since the last financial year period is (April 2018- March 2019), please refer your residential status outlined below.

I understand that you have not visited India during the period April 2018 till March, 2019. Hence, you qualify as Non resident of India for the reason being present for less than 182 days in India.

 

Taxability of Non Resident- A non resident shall be taxable only on sourced incomes in India. As such the rent earned from the property located in India shall be taxed in India as the income is sourced in India.

 

Thanks

Damini

Damini Agarwal
CA, Bangalore
407 Answers
31 Consultations

5.0 on 5.0

Hello Sir,

 

No, you are not a tax resident in India.

 

Warm Regards,

 

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

If your physical presence in India is less than 60 days from 1April to 31 MArch you are non-resident in that financial year.

Jasmina Jain Shah
CA, Greater Mumbai
454 Answers
4 Consultations

5.0 on 5.0

Hi,

 

Basic : You are Tax resident of India.

 

Classification : You are Resident but Not Oridinary Resident as per Income tax Law.

 

You need file ITR in India for the income earned by you in India.

You may reach out to us for further opinions and consultation.

 

Siddhant Shah
CA, Mumbai
120 Answers
1 Consultation

5.0 on 5.0

Hi

 

 Your Residential status will be Non Resident In India.

But you have to pay tax on Income earned in India.So your rental Income will be taxed in India.

 

 

Hope it helps

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

Ask a Chartered Accountant

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