Residential Status Test For NRI
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Since 1976
Our Team Handles Income Tax, Goods & Services Tax, Corporate Law, RBI & FEMA Matters.
Our Firm
Our Firm Sunil K. Khanna & Co. was founded in 2nd February, 1976 by our founder Late CA. Sunil Kumar Khanna. He founded the firm with a vision to build an institution of learning for the team members associated with the firm and to render a one stop solution to his clients. We are one of the leading Chartered Accountant Firms In India offering services in the field of Income Tax, Goods & Services Tax, Corporate Law, Regulatory Compliance and Audit & Assurance. The immense experience of the firm helps in rendering a wide variety of services to Indian and Multi National companies.
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Saved By Legitimate Tax Planning For Our Clients
Sometimes you may find yourself in difficult situations and not be able to defuse
the situation without going to court.
Recovered from Tax Authorties as Tax Refunds For Our Clients
Sometimes you may find yourself in difficult situations and not be able
to defuse the situation without going to court.
How to Find Out whether a Person is Resident or Non Resident in India?
There are three steps to
Step 1- First find out whether such individual is “Resident in India”
Step 2- If such individual is “Resident” in India, then find out whether he is “Ordinarily Resident” in India.
| RULE OF RESIDENCE AT A GLANCE | ||
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Resident and Ordinarily Resident (ROR)
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Resident and Not Ordinarily Resident (RNOR) |
Non-Resident (NR)
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Must satisfy at least one of the basic conditions and both additional conditions [i.e., one of (a) or (b) and both of (i) and (i)
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Must satisfy at least one of the basic conditions and one or none of the additional conditions [i.e. one of (a) or (b) and one or none of (i) or (i)]
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Should not satisfy any of basic conditions.
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Step 1 – Basic Conditions To Test As To When An Individual Is Resident In India-
Under section 6 (1) an Individual is said to be resident in India in any previous year, if he satisfies at least one of the following basic conditions-
- he is in India in the previous year for a period of 182 days or more: OR
- he is in India for a period of 60 days or more during the previous year and 365 days or more during the four years immediately preceding the previous year.
| BASIC CONDITIONS AT A GLANCE | ||
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An Indian citizen who leaves India during the previous year for the purpose of employment or, as a member of the crew of an Indian ship
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An Indian citizen or a person of Indian origin (who is abroad) who comes to India on a visit during the previous year
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An individual other than an individual mentioned in columns (1) and (2)
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| (1) | (2) | (3) |
| a. Presence for at least 182 days in India during the previous year b. Non-functional |
a. Presence for at least 182 days in India during the previous year b. Non-functional |
a. Presence for at least 182 days in India during the previous year b. Presence in India for at least 60 days during the previous year to 365-days during last 4 Previous Years |
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ADDITIONAL CONDITIONS AT A GLANCE
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i. Resident in India in at least 2 years out of last 10 previous years for must satisfy at least one of the conditions, in 2 out of 10 immediately preceding previous years ii. Presence of at least 730 days in India during 7 preceding previous years |
Step 2- If such individual is “Resident” in India, then find out whether he is “Ordinarily Resident” in India by checking Additional Conditions.
Under section 6(1) an Individual is said to be Ordinarily Resident in India in any previous year, if he satisfies at least one of the basic conditions and one or none of the additional conditions [i.e. one of (a) or (b) and one or none of (i) or (i)]
Deemed Resident but Not Ordinarily Resident in India
This exception under the Income Tax Act is applicable from the financial year 2020-21. Under this exception, an individual shall be deemed to be Resident but Not Ordinarily Resident in India if he satisfies the following 4 conditions-
- he is an Indian citizen or a person of Indian origin:
- his total income (other than the income from foreign sources) exceeds Rs.15,00,000 during the relevant previous year.
- he comes to India on a visit during the relevant previous year, and
- he is in India for 120 days (or more but less than 182 days) during the relevant previous year and 365 days (or more) during 4 years immediately preceding the relevant previous year.
This exception is not applicable in the case of a foreign citizen, even if he is a person of Indian origin.
Person of Indian origin-A person is deemed to be of Indian origin if he, or either of his parents or any of his grand-parents, was born in undivided India.
Please reach out to us in case you wish to get a free evaluation of your Residency Status in India.
What Our Clients Say About Services
What We Do
We at Sunil K Khanna & Co. handle Property Tax matters such as Property Tax Return Filing and Property Tax Payment online. The property tax is levied on all residential and commercial properties by Municipal Corporation in Delhi and Haryana.
In Delhi Assessment and Collection Department of MCD is entrusted with the task of collection of property tax under Section 113 of the Delhi Municipal Corporation Act, 1957. The Municipal Corporation is divided into two zones MCD-Municipal Corporation of Delhi and NDMC- New Delhi Municipal Corporation. The MCD is further divided into North, South, East & West zones. There are two components of property tax, namely – (a) a building tax; and (b) a vacant land tax.
In Haryana the Municipal Corporation is divided into City Zones such as MCG – Municipal Corporation of Gurgaon, MCF – Municipal Corporation of Faridabad etc.
The municipal corporation requires all property owners to self-assess their property tax and submit their property return tax on an annual basis.
Due Dates of Depositing Property Tax Return.
The Property Tax is deposited in advance every year. The due date for depositing property tax on annual basis is 30th June. In case the property tax is deposited before or up to 30th June the property owner is eligible for a rebate of 15 percent on the total tax payable. Beyond 30th June there is no rebate available to the property owner.
Property Tax Return
The property tax return is required to be filed on an annual basis. The property tax payment can be done only when a property tax return is filed. Therefore, the due date for filing property tax return is
30th June every year but a belated return can also be filed up till 31st March of the year.
Property Tax Amnesty Scheme / Samriddhi Scheme
The property tax arrears for earlier years can be filed with interest and penalty. However, in the past years the Municipal corporation has introduced many Amnesty scheme where in the interest and penalties are waived off to enable the property owners to deposit their property tax arrears without interest and penalty. These schemes are usually introduced in the month of February and march to promote collection of property taxes.
How Can We Help You In Property Tax
We manage Property Tax Compliance of Non-Resident Indians who are Property Owners and not able to comply with annual Property Tax Returns. We have helped over 213 Non-Resident Property Owners in handling their Property Tax matters online. We also help in updating Property Tax arrears of previous years and claiming benefits of Rebate, waiver of interest and penalties. Our expertise is in handling Property Tax matters of Delhi, Haryana and Uttar Pradesh.
- Free Compliance Check of your Property Tax Return
- Property Tax Calculation
- Property Tax Return Filling
- Property Tax Payment
- Claim Rebate of Annual Property Tax
- Representation to Municipal Corporation against Notice Received
- Claim Benefit under Amnesty Scheme
- Update Property Tax Arrears
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