• NRI status 182 days

I have been overseas for 174 days if I travel Nepal for 8 days will I be exempt from taxes?I am a sailor and I have courses booked from Feb 1st so if I can have NRI status by staying in Nepal and be exempt from taxes plz let me know.
Asked 1 month ago in Income Tax from mumbai, Maharashtra

Legally there is no restriction on claim an NRI status by visiting Nepal but since there is no requirement of passport for going to nepal and no visa or immigration it would be difficult for you to prove that.

Also by being an NRI only the income earned outside india would not be taxable other than that the income earned in India would still be taxable.

 

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
2688 Answers
24 Consultations

5.0 on 5.0

Hello,

 

Technically, Yes, you would be considered an NRI if your stay (including your stay in Nepal) is more than 182 Days. The problem would be to establish the duration of stay because since the passport is not stamped, evidence of the stay is not available. In such cases, it would be advisable to maintain sufficient documentation in terms of the invoice of the hotel stay, or any other credible evidence to prove to the department if asked n the future.

Regarding non-taxability, your income earned in India or accruing in India would still be taxable. Only income earned outside would be non-taxable.

I hope that this answer satisfies your requirements.

 

Regards,

CA Hunny Badlani

Badlani & Associates

Hunny Badlani
CA, Madhya Pradesh
1587 Answers
5 Consultations

5.0 on 5.0

Hi,

 

Yes, you will be treated as NRI.

 

Your tax liability in India is restricted to the income you earn in India. You need not pay any tax in India on your foreign income.

 

Payal Chhajed
CA, Mumbai
3730 Answers
50 Consultations

5.0 on 5.0

Hi,

 

Yes, if you spend more than 182 days outside India, then you will become NRI and income earned outside India will not be taxable in India.

 

However, the income earned within India will be taxable in India.

Lakshita Bhandari
CA, Mumbai
4255 Answers
239 Consultations

5.0 on 5.0

Hello Sir,

 

Yes, you can have NRI status by staying in Nepal and be exempt from taxes on income earned outside India

Karishma Chhajer
CA, Jodhpur
1522 Answers
11 Consultations

5.0 on 5.0

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