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Tax, MF Expert - Answered on Apr 21, 2023

Vivek Lala has been working as a tax planner since 2018. His expertise lies in making personalised tax budgets and tax forecasts for individuals. As a tax advisor, he takes pride in simplifying tax complications for his clients using simple, easy-to-understand language.
Lala cleared his chartered accountancy exam in 2018 and completed his articleship with Chaturvedi and Shah. ... more

Question by Anirban on Apr 17, 2023Hindi

My daughter has gone to UK, accompanying her husband who got a job in London on 1st October 2022. She came back to India to attend a function and was here from 12th January to 26th January, 2023. Will she be considered a NRI, as per IT Act for the FY 2022-23?

Ans: No she won't be considered a NRI as per IT for FY 22-23

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.

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Question by Dipak - Aug 23, 2022Hindi

My daughter is in the UK for the last one year and likely to continue his stay on an employment visa. Thus she becomes an NRI while filing tax returns in India. She does not have a salary income in India. Her earnings are from savings bank interest and fixed deposits. Total income is less than Rs 2.5 lakh in India. Is she required to file an IT return in India to get an IT refund (TDS amount FD)? What is the procedure?

Ans: As mentioned in my article, if she is not satisfying other conditions of filing Income Tax Return and if the total TDS is less than Rs. 25,000 then she is not required to file Income Tax Return. However, if she wants to claim refund of TDS for FY 2022-23, she will be required to file Income Tax Return at www.incometax.gov.in (external link).

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Question by Praveen - Aug 25, 2022Hindi

I shall be grateful if you could kindly arrange for clarification on following query through your tax expert. My daughter has been NRI for Financial Years 2018-19, 2019-20 and 2020-21. In current FY, because of pandemic, she was in India for a total of 123 days on 'Work from Home' assignment. What will be her residential status for FY 2021-22, considering that her total stay during preceding 4 years (2017-18 to 2020-21) will exceed 365 days? In 2017-18, she was an ordinary resident while in 2018-19, she was in India for 5 months. Her taxable income in India for current financial year will be less than Rs 3 lakh.

Ans: Your question is a little unclear because you have not given year by year data. Further, I am assuming that you are asking for the status in FY 2022-23.

For a person to qualify as Resident Indian she should stay in India for more than 182 days in a year or she should stay in India for the immediately 4 preceding years is 365 days or more and 60 days or more in the relevant financial year.

Depending on whether one is in India for 60 days or more in the relevant financial year (you have mentioned that her stay exceeded 365 days in 4 previous years), your daughter’s residential status would be that of a Resident Indian or an NRI.

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