Non-Resident Individual for AY 2023-2024 (2024)

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Returns and Forms Applicable forNon-Resident Individual for AY2023-2024

Non-Resident Individual for AY 2023-2024 (1)

Disclaimer:The content on this page is only to give an overview and general guidance and is not exhaustive. For complete details and guidelines, please refer Income Tax Act, Rules and Notifications.

Non-Resident Individual is an individual who is not a resident of India for tax purposes. In order to determine whether an Individual is a Non-Resident or not, his residential status is required to be determined u/s6 of the Income Tax Act, 1961 as given below:

An individual will be treated as a Resident in India in any previous year if he / she satisfies any of the following conditions:
1. If he / she is in India for a period of 182 days, or more during the previous year or
2. If he / she is in India for a period of 60 days or more during the previous year and365 days or more during 4 years immediately preceding the previous year.

An individual who does not satisfy both the conditions as mentioned above will be treated as Non-Residentin that previous year.

However, in respect of an Indian citizen and a person of Indian origin who visits India during the year, the period of 60 days as mentioned in (2) above shall be substituted with 182 days. The similar concession is provided to the Indian citizen who leaves India in any previous year as a crew member or for the purpose of employment outside India.

The Finance Act, 2020, w.e.f.Assessment Year 2021-22 has amended the above exception to provide that the period of 60 days as mentioned in (2) above shall be substituted with 120 days, if an Indian citizen or a person of Indian origin whose Total Income, other than Income from Foreign Sources, exceeds₹ 15 lakh during the previous year.

The Finance Act, 2020 has also introduced new Section 6(1A) which is applicable from Assessment Year 2021-22. It provides than an Indian citizen earning Total Income in excess of ₹ 15 lakh(other than incomefrom foreign sources) shall be deemed to be Resident in India if he / sheis not liable to pay tax in any country.

1. ITR-2 - Applicable for Non-Resident Individual

This return is applicable for Individual (whether Resident or Non-Resident)andHindu Undivided Family (HUF).

Not having income under the head Profits and Gains of Business or Profession.Who is not eligible for filing ITR-1
2. ITR-3 - Applicable for Non-Resident Individual

This return is applicable for Individual (whether Resident or Non-Resident) and Hindu Undivided Family (HUF).

Having Income under the head Profits and Gains of Business or Profession.Who is not eligible for filing ITR-1, 2 or 4

Forms Applicable

1. Form 12BB - Particulars of claims by an employee for deduction of tax (u/s192)
Provided by

Details provided in the form

An Employee to his Employer(s)Evidence or particulars of HRA, LTC, Deduction of Interest on Borrowed Capital, Tax saving Claims / Deductions for the purpose of calculating Tax to be Deducted at Source (TDS)
2. Form 16 - Details of Tax Deducted at Source on Salary (Certificate u/s 203 of the Income Tax Act, 1961)
Provided byDetails provided in the form
Details provided in the formSalary paid, Deductions / Exemptions and Tax Deducted at Source for the purpose of computing tax payable / refundable
3. Form 16A – Certificate u/s 203 of the Income Tax Act, 1961 for tax TDS on Income other than Salary
Provided byDetails provided in the form
Deductor to DeducteeForm 16A is a Tax Deducted at Source (TDS) Certificate issued quarterly that captures the amount of TDS, Nature of Payments and the TDS deposited with the Income Tax Department.
4. Form 26AS
Provided byDetails provided in the form

Income Tax Department

(It is available on e-Filing Portal:

Login > e-File> Income Tax return > View form 26AS)

  • Tax Deducted / Collected at Source
5. AIS- Annual Information Statement
Provided byDetails provided in the form
Income Tax Department (It can be access in services menu after logging on to Income Tax e-Filing portal)
  • Tax Deducted /Collected at Source
  • SFT Information
  • Payment of taxes
  • Demand /Refund
  • Other information (Like; Pending/Completed proceedings, GST information, Info received from foreign govt. etc

Path to Access AIS: Go to e-filing portal>login>Services>AIS

6. Form 10E - Form for furnishing particulars of Income for claiming relief U/S 89(1) when salary is paid in arrears or advance
Provided byDetails provided in the form
An Employee to the Income Tax Department
  • Arrears / Advance Salary
  • Gratuity
  • Compensation on Termination
  • Commutation of Pension
7. Form 3CB-3CD
Submitted byDetails provided in the form

Taxpayer who is required to get his accounts audited by an Accountant u/s 44AB.

To be furnished one month before the due date for furnishing the return of income under sub-section (1) of section 139.

Report of Audit of Accounts and Statement of Particulars required to be furnished u/s 44AB of the Income Tax Act, 1961
8. Form 3CEB
Submitted by

Details provided in the form

Taxpayer who is required to obtain a report from an Accountant u/s 92E for entering into an international transaction or specified domestic transaction.

To be furnishedone month before the due date for furnishing the return of income under sub-section (1) of section 139.

Report from an Accountant, relating to international transaction(s) and specified domestic transaction(s)
9. Form 3CE
Submitted byDetails provided in the form

Taxpayer who is required to obtain a report from an Accountant u/s 44DA for receipt of specified incomes from specified persons.

To be furnishedone month before the due date for furnishing the return of income under sub-section (1) of section 139.

Report from an Accountant, relating to receipt of income by way of royalty or fees for technical services from Government or an Indian concern.

Tax Slabs for AY2023-24

Non-Resident Individual can opt for the old tax regime or the new tax regime with lower rate of taxation (u/s 115BAC of the Income Tax Act).

The taxpayer opting for concessional rates in the new tax regime will not be allowed certain exemptions and deductions (like 80C, 80D, 80TTB, HRA) available in the existing tax regime.

Old Tax RegimeNew Tax Regime u/s 115BAC
Income Tax SlabIncome Tax RateIncome Tax SlabIncome Tax Rate
Up to ₹ 2,50,000NilUp to ₹ 2,50,000Nil
₹ 2,50,001 - ₹ 5,00,0005% above ₹ 2,50,000₹ 2,50,001 - ₹ 5,00,0005% above ₹ 2,50,000
₹ 5,00,001 - ₹ 10,00,000₹ 12,500 + 20% above ₹ 5,00,000₹ 5,00,001 - ₹ 7,50,000₹ 12,500 + 10% above ₹ 5,00,000
Above ₹ 10,00,000₹ 1,12,500 + 30% above ₹ 10,00,000₹ 7,50,001 - ₹ 10,00,000₹ 37,500 + 15% above ₹ 7,50,000
₹ 10,00,001 - ₹ 12,50,000₹ 75,000 + 20% above ₹ 10,00,000
₹ 12,50,001 - ₹ 15,00,000₹ 1,25,000 + 25% above ₹ 12,50,000
Above ₹ 15,00,000₹ 1,87,500 + 30% above ₹ 15,00,000

Note: The rates of surcharge and Health & Education cess are same under both the tax regimes.

Surcharge, Marginal Relief and Health andEducation cess

Non-Resident Individual for AY 2023-2024 (2)
What is Surcharge?
Surcharge is an additional charge levied for persons earning income above the specified limits, it is charged on the amount of Income Tax calculated as per applicable rates
  • 10% - Taxable Income above ₹ 50 lakh – Up to ₹ 1 crore
  • 15% - Taxable Income above ₹ 1 crore - Up to ₹ 2 crore
  • 25% - Taxable Income above ₹ 2 crore - Up to ₹ 5 crore
  • 37% - Taxable Income above ₹ 5 crore
  • Maximum surcharge on income by way of dividend or income under the provisions of 111A, 112A and 115AD is 15%.
What is Marginal Relief?
Marginal relief is a relief from surcharge, provided in cases where the surcharge payable exceeds the additional income that makes the person liable for surcharge. The amount payable as surcharge shall not exceed the amount of income earned exceeding₹ 50 lakh, 1 crore, 2 crore or 5 crore respectively.
What is Health and Education cess?

Health andEducation cess @ 4% shall also be paid on the amount of income tax plus surcharge (if any)

Investments / Payments / Income on which I can get Tax Benefit

Section 24 (b) – Deduction from income from house property on interest paid on housing loan & housing improvement loan. In case of self- occupied property, the upper limit for deduction of interest paid on housing loan is ₹2,00,000. However, this deduction is not available for person opting for New tax Regime.

Interest on loan u/s 24(b) allowable is tabulated below -

Nature of PropertyWhen was the loanPurpose of LoanAllowable (Maximum Limit)
Self-occupiedOn or after 1st April 1999Construction or Purchase of House Property₹ 2,00,000
On or after 1st April 1999For Repairs of House Property₹ 30,000
Before 1st April 1999Construction or Purchase of House Property₹ 30,000
Before 1st April 1999For Repairs of House Property₹ 30,000
Let-outAny timeConstruction or Purchase of House PropertyActual value without any limit

Tax deductions specified under Chapter VI-A of the Income Tax Act

These deductions will not be available to a taxpayer opting for the new tax regime u/s 115 BAC, except for deduction u/s 80CCD (2) and80JJAA which will be available under the new tax regime as well:

80C, 80CCC, 80CCD (1)

Deduction towards payments made to:

80C
  • Life Insurance Premium
  • Equity Linked Tax Saving Scheme (ELSS)
  • Unit Linked Insurance Plan (ULIP)
  • Tuition Fees
  • Housing Loan Principal
  • Other various items
80CCC

Annuity plan of LIC or other Insurer towards Pension Scheme

80CCD (1)

Pension scheme of Central Government

Non-Resident Individual for AY 2023-2024 (3)Combined deduction limit of ₹ 1,50,000
80CCD (1B)
Deduction towards payments made to Pension scheme of Central Government, excluding deduction claimed under 80CCD(1)
Non-Resident Individual for AY 2023-2024 (4)Deduction Limit of ₹ 50,000
80CCD (2)

Deduction towards contribution made by an employer to the Pension Scheme of Central Government

If employer is a PSU, State Government or Others
Non-Resident Individual for AY 2023-2024 (5)

Deduction limit of 10% of salary

If employer is Central Government
Non-Resident Individual for AY 2023-2024 (6)

Deduction limit of 14% of salary

80D

Deduction towards payments made to Health Insurance Premium andPreventive Health check-up

For self / spouse or dependent children
Non-Resident Individual for AY 2023-2024 (7)
₹ 25,000 (₹ 50,000 if any person is a Senior Citizen)
₹ 5,000 for Preventive Health check-up, included in above limit
For parents
Non-Resident Individual for AY 2023-2024 (8)
₹ 25,000 (₹50,000 if any person is a Senior Citizen)
₹ 5,000 for Preventive Health check-up, included in above limit

Deduction towards medical expenditure incurred on a Senior Citizen, if no premium is paid on Health Insurance coverage

For self / spouse or dependent children
Non-Resident Individual for AY 2023-2024 (9)Deduction limit is ₹ 50,000
For parents
Non-Resident Individual for AY 2023-2024 (10)Deduction limit is ₹ 50,000
80E
Deduction towards interest payments made on loan for higher education of self or relative
Non-Resident Individual for AY 2023-2024 (11)Total amount paid towards interest on loan taken
80EE
Deduction towards interest payments made on loan taken for Acquisition of Residential House Property where the loan is sanctioned between 1st April 2016 to 31st March 2017
Non-Resident Individual for AY 2023-2024 (12)Deduction limit of₹ 50,000on the interest paid on loan taken
80EEA
Deduction towards interest payments made on loan taken for Acquisition of Residential House Property for the first time where the loan is sanctioned between 1st April 2019 to 31st March 2022 and deduction should not have been claimed u/s 80EE
Non-Resident Individual for AY 2023-2024 (13)Deduction limit of₹ 1,50,000on the interest paid on loan taken
80EEB
Deduction towards interest payments made on loan for purchase of Electric Vehicle where the loan is sanctioned between 1st April 2019 to 31stMarch 2023
Non-Resident Individual for AY 2023-2024 (14)Deduction limit of₹ 1,50,000on the interest paid on loan taken
80G

Deduction towards donations made to certain funds, charitable institutions, etc.

Donation are eligible for deduction under the below categories:

Without any limit
Non-Resident Individual for AY 2023-2024 (15)
100% deduction
50% deduction
Subject to qualifying limit
Non-Resident Individual for AY 2023-2024 (16)
100% deduction
50% deduction

Note: No deduction shall be allowed under this section in respect of donation made in cash exceeding ₹2,000/-.

80GG

Deduction towards rent paid for house andapplicable only for whom HRA is not part of salary.

Least of the following shall be allowed as deduction:

Rent paid reduced by 10% of total income before this deduction₹ 5,000 per month25% of total income before this deduction


Note: Form 10BA to be filed for claiming this deduction.

80GGA

Deduction towards donations made for Scientific Research or Rural Development.

Donation are eligible for deduction under the below categories:

Research Association or University, College or other Institution for:
  • Scientific Research
  • Social Science or Statistical Research
Association or institution for
  • Rural Development
  • Conservation of Natural Resources or for afforestation
PSU or Local Authority or an association or institution approved by the National Committee for carrying out any eligible project
Funds notified by Central Government for:
  • Afforestation
  • Rural Development
National Urban Poverty Eradication Fund as setup and notified by Central Government

Note: No deduction shall be allowed under this section in respect of donation made in cash exceeding ₹ 2,000 or if gross total income includes income from Profit / Gains from Business / Profession.

80GGC
Deduction towards Donations made to Political party or Electoral Trust
Non-Resident Individual for AY 2023-2024 (17)Deduction of total amount paid through any mode other than cash.
80IA

Undertaking engaged in Developing, Maintaining and Operating any Infrastructure Facility (only Indian Company), Industrial Parks (any Undertaking), any Power Undertaking, Reconstruction or Revival of Power Generating Plants (Indian Company) shall be entitled to claim deduction
(subject to certain conditions)

Non-Resident Individual for AY 2023-2024 (18)
100% of profit for 10 consecutives AY falling within a period of 15 / 20 AY beginning with the AY in which Assessee develops / begins operating and maintaining infrastructure facility
No deduction shall be allowed to any enterprise which starts the development or operation and maintenance of the infrastructure facility on or after the 1st April 2017.

(No deduction shall be allowed if development, operation, etc. started after specified dates for specified business)

80IAB

Deduction in respect of Profits and Gains by an Undertaking or an Enterprise engaged in development of Special Economic Zone
(subject to certain conditions)

Non-Resident Individual for AY 2023-2024 (19)
100% of profit for 10 consecutives AY out of 15 AY beginning from the year in which a Special Economic Zone has been notified by the Central Government
No deduction to an Assessee, where the development of Special Economic Zone begins on or after 1st April 2017
80IB

Deduction towards Profits and Gains from specified business.100% of profit for 10 years from the AYin which it is approved by prescribed authority (if approved after 31st March 2000 but before 1st April 2007)

The deduction under this section is available to an Assessee whose gross total income includes any Profits and Gains derived from the business of:

Industrial Undertaking including an SSI in J&K
Commercial Production and Refining of Mineral Oil

Processing, Preservation and Packaging of Fruits or Vegetables, Meat and Meat Products or Poultry or Marine or Dairy Products; Integrated Business of Handling, Storage and Transportation of Food Grains;

(Subject to certain conditions)

Indian Company with scientific and industrial research and development as its main object and approved by prescribed authority shall be entitled to claim deductions
100% / 25% of profit for 5 / 10 / 7 years as per conditions specified for different types of undertakings from the AY in which it is approved by prescribed authority (if approved before 1st April 1999)
80IBA
Profit and Gains derived from Developing and Building Housing Projects
Non-Resident Individual for AY 2023-2024 (20)100% of profit subject to various conditions specified
80IC

Deduction in respect of certain Undertakings in Himachal Pradesh, Sikkim, Uttaranchal and North-Eastern states

(subject to certain conditions)

Non-Resident Individual for AY 2023-2024 (21)100% of profits for first 5 AY and 25% (30% for a Company) for next 5 AY to manufacture or produce specified article or thing
80IE

Deduction to certain Undertakings set up in North - Eastern states

(subject to certain conditions)

Non-Resident Individual for AY 2023-2024 (22)100% of profits for 10 AY subject to various conditions specified
80JJA

Deduction in respect of Profits and Gains from Business of Collecting and Processing of Biodegradable Waste

(subject to certain conditions)

Non-Resident Individual for AY 2023-2024 (23)100% of profits for 5 AY where the Gross Total Income of an Assessee includes any Profits and Gains derived from the Business of Collecting and Processing or treating of Biodegradable Waste
80JJAA

Deduction in respect of Employment of New Workers / Employees, applicable to Assessee to whom Section 44AB applies(subject to certain conditions).

Non-Resident Individual for AY 2023-2024 (24)30% of additional employee cost for 3 AY, subject to certain conditions
80TTA
Deduction on interest received on Saving Bank Accounts by Individual (other than Senior Citizen) / HUF.
Non-Resident Individual for AY 2023-2024 (25)Deduction limit of₹ 10,000/-

Page Last Reviewed or Updated: 01-May-2023

Non-Resident Individual for AY 2023-2024 (2024)

FAQs

Who is a non-resident individual? ›

| 9 min read. A person of Indian origin living abroad is known as a Non-Resident Indian (NRI). The Income-tax Act, 1961, provides different tax rules for Indian residents and NRIs. Indian-origin individuals are considered residents when they live for a certain period in India.

What is the new NRI rule in India? ›

Latest Income Tax Rules for NRIs

Income tax slabs for NRIs are based only on income. They do not depend on the gender, age, or other specification of the individual. All incomes of NRIs are charged irrespective of any threshold value for TDS.

How much NRI is tax free in India? ›

How are NRI taxed? If the annual income exceeds the basic exemption limit of Rs. 2.5 lakh, it's mandatory to file tax returns, whether you're an NRI (Non-Resident Indian) or a resident. Typically, the deadline for filing returns is July 31 of the relevant assessment year.

Is a non-resident required to file an income tax return in India? ›

As an NRI, PIO, or OCI, you may be required to file tax returns in India if your Indian income surpasses the specified threshold or if you seek to claim refunds for excess tax deductions. While filing an ITR is mandatory only under certain circ*mstances, voluntary filing can be beneficial in many ways.

How do you qualify as a non-resident? ›

Here are some tips for Australian expats and foreign investors who are trying to qualify as non-residents for tax purposes:
  1. Spend less than 183 days in Australia in a tax year.
  2. Maintain a permanent place of abode outside of Australia.

What is an example of a non-resident? ›

A non-resident person is someone who is visiting a particular place but who does not live or stay there permanently. 100,000 non-resident workers would be sent back to their home villages.

Who is eligible for NRI status in India? ›

The eligibility criteria for NRI status are below: An Indian citizen stays abroad for 183 days or more in one financial year. An Indian citizen stays in India for less than 365 days in the last four years from the current assessment year and less than 60 days during the year.

Is it mandatory to declare NRI status in India? ›

As per the FEMA guidelines, there is no penalty for not declaring your NRI status. However, you must either close your existing savings account or convert it into a Non-Resident Ordinary (NRO) savings account as soon as possible.

What is the penalty for not declaring NRI status in India? ›

Q- Is it mandatory to declare NRI status in India? According to FEMA guidelines, there are no penalties for failing to declare your NRI status. However, it is imperative that you promptly either close your current savings account or convert it into a Non-Resident Ordinary (NRO) savings account.

Do NRI pay tax in USA? ›

According to Article 15 of the DTAA, a person who is a particular country's resident but has income from a foreign country source, his income would be taxed 'only' in the residential country. This means if an NRI works in the US and his income comes from an Indian source, he has to pay only US taxes.

Do OCI have to pay tax in India? ›

The OCI is an immigration status that was introduced to meet the demand for dual citizenship in India. Eligible OCI cardholders have to pay income tax in India on the income generated in the country. You can file your ITR online as an OCI on Indian income.

How to declare NRI status in India? ›

Similarly, when an Indian citizen or a person of Indian Origin (PIO) who is abroad comes to visit India, the period of '60 days' is to be replaced by 182 days. If you satisfy any of the two conditions, you are a Resident Indian. Else, you are deemed a Non-Resident Indian (NRI).

Should NRI file ITR 1 or ITR 2? ›

According to income tax regulations, non-resident Indians must file returns in ITR 2 starting with the 2017–18 fiscal year, with the exception of commercial income. Indian non-residents who receive business income are required to file an ITR 3 income tax return. NRIs can no longer file ITR 1.

Does a non-resident have to file a tax return? ›

You must file Form 1040-NR, U.S. Nonresident Alien Income Tax Return only if you have income that is subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc. Refer to Foreign Students and Scholars for more information.

How to file non resident tax return India? ›

File Income Tax Returns as an NRI: A Step-by-Step Guide
  1. Step 1: Determine the Residential Status in India. ...
  2. Step 2: Reconciliation of Income & Taxes with Form 26AS. ...
  3. Step 3: Ascertain Taxable Income and Determine Your Tax Liability. ...
  4. Step 4: Claim Double Taxation Treaty Relief. ...
  5. Step 6: Disclosure of Bank Account Details.
Sep 27, 2023

What is the legal definition of a non-resident? ›

According to 26 USC § 865(g)(1) “The term 'nonresident' means any person other than a United States resident.” A nonresident is any individual who does not primarily reside in one state or one country, but has an interest in it.

What does it mean by non-resident? ›

a person who is not staying or living in or at a place: The hotel bar is open to non-residents. Non-residents pay higher tuition fees. SMART Vocabulary: related words and phrases. People who live or settle somewhere.

What does resident individual mean? ›

Resident individual means a natural person who maintains a permanent place of abode within a specific region and who resides in that same region for more than [six months] of the [taxable year].

Who is a non-resident employee? ›

An individual whose permanent home is in a different location from where they work.

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