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Financial Planner - Answered on Mar 11, 2024

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Asked by Anonymous - Mar 10, 2024Hindi

My daughter went to Germany first time for study in June 2020. During FY 22-23 She was in India for 58 days. What is her Residential status for Income Tax for AY 23-24, Bank, Demat and income from investment?

Ans: Here's how to determine your daughter's residential status for Income Tax (AY 2023-24), Bank, Demat account, and income from investments based on the information provided:

Income Tax Residential Status:

For Assessment Year (AY) 2023-24, your daughter's residential status will likely be Non-Resident (NR).

Here's why:

• She left India for studies in June 2020, indicating she might not have met the physical presence criteria in India during the relevant financial years (FY).

To be considered a resident for tax purposes in India, an individual needs to meet at least one of the following conditions:

• Stay in India for 182 days or more in the relevant financial year (FY 2022-23).
• Stay in India for at least 60 days in the relevant financial year AND for 365 days or more during the four preceding financial years (unlikely in this case since she left in 2020).

Important Note:

It's important to consider the entire period from June 2020 to March 2023 (covering FY 21-22, FY 22-23) to determine the residential status definitively.

Recommendation:

For a more precise assessment, it's advisable to consult a tax professional as they can consider all aspects of your daughter's situation, including:

• Exact number of days spent in India during FY 21-22.
• Nature and source of her income (if any) from investments.
• Any tax residency certificate she might have obtained in Germany.

Bank and Demat Account:

• Bank: Many banks might categorise your daughter as a Non-Resident (NR) based on her stay in India.
• Demat: Similar to the bank, the Demat account might also be categorised as non-resident if it aligns with her tax residency status.

Income from Investments:

• Tax implications on income from investments (e.g., dividends, interest) will depend on the type of investment, the source (India or abroad), and the tax treaty (if any) between India and Germany.

Further Resources:

Income Tax Department - Non-Resident Individual for AY 2023-2024: https://www.incometax.gov.in/iec/foportal/help/individual/return-applicable-0

Remember, this is a general overview, and consulting a tax professional is highly recommended for specific advice tailored to your daughter's situation.

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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I shall be grateful if you could kindly arrange reply to my following tax query. My daughter was NRI for F.Y. 2018-19 as well as 2019-20. She had some income in India during both F.Y.s by way of Dividend/Interest from her investments, as also capital gains from sale of shares / mutual fund units, total of which was less than Rs.1,50,000 during each of these 2 years. She was a student abroad during whole of F.Y. 2018-19. She was employed during part of F.Y. 2019-20 (less than six months) and drew income by way of salary. 1. Is she required to file return of Income in India for A.Y. 2019-20 and A.Y. 2020-21? Anil Rego An NRI whose income is below the basic exemption limit is required to file an income tax return in India if: One has short term capital gains on equity which is taxable One has long term capital gains on any asset, which are chargeable to tax Has any income chargeable to tax irrespective of the basic exemption limit Please note the above since you have mentioned that there was capital gain in her account. If yes, which ITR forms should she be using?

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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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