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NRI with 183 days in India, No foreign income: Does this impact my NRI status?

Ramalingam

Ramalingam Kalirajan  |6995 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Aug 08, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
Asked by Anonymous - May 07, 2024Hindi
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Hello , Need clarification on NRI taxation. -people who stay in india between 120 and 183 days ,and who work in a country which has no personel income tax. He holds a work visa and is salaried employee. His investment in india is via the NRE account in Equity,MF ,and AIF . His gains in india is only through above,and sometimes above 15L . Can you pls advice the effect of this on his NRI status ?

Ans: Your NRI status depends on the number of days spent in India. If you stay between 120 and 183 days, you typically remain an NRI, especially if your income in India exceeds Rs 15 lakh. As an NRI, your global income is not taxable in India, but your investments in equity, mutual funds, and AIFs are subject to Indian taxes.

For equity, LTCG over Rs 1.25 lakh is taxed at 12.5%, and STCG at 25%. Debt mutual funds' CG is taxed as per your slab rate. AIFs' taxation depends on their category.

Monitor your days in India to maintain NRI status and avoid becoming a Resident, which would increase your tax liability.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
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 am staying in India from around 4 years and working as a consultant in a Mexican Company (previously I was residing there, but now working from India) and getting income from Mexico. I am also paying tax on my abroad income I am getting in my NRO/ NRE account with Axis Bank. I want to know if I am an NRI or Resident Indian? Whether, I can open Mutual Fund account with NRI status or Resident India status? What will be the tax implications? Please guide me as I am not getting proper explanation.
Ans: Based on available details, you seem to be resident and ordinary resident for income tax purpose.

You can always check status at calculator provided at income tax website (external link)

Accordingly, you should inform bank about change in residential status immediately and change the type of account (NRO/NRE Account).

Also you have to open account as resident for MF and tax implications will arise at the time of transfer of mutual fund units. Tax rate will depend on type of fund (equity based or debt based) and period of holding.

Mutual funds whose portfolio’s equity exposure exceeds 65% are equity funds.

Equity funds held for 12 months or more are considered as long term, whereas it is 36 months in case of debt funds.

Short term equity funds are taxed at 15% and debt funds are taxed at slab rate.

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Ramalingam

Ramalingam Kalirajan  |6995 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 12, 2024

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Thanks for replying. Also, I found below that if my income in india i.e by bank deposits,shares,MF , PPF etc in my case exceeds 2.5L ,only then I will be taxed. Is this correct , sir! "The basic exemption limit for NRIs is INR 2.5 lakhs. If an NRI's taxable income in India during the financial year exceeds this limit, they are required to file an income tax return in India." Thanks
Ans: The statement you found is mostly correct. Here's a breakdown of tax implications for NRIs in India:

Basic Exemption Limit:

Yes, NRIs are eligible for a basic exemption limit of ?2.5 lakhs on their total taxable income earned in India during a financial year. This means if your income from Indian sources (including bank deposits, shares, mutual funds, but excluding PPF interest) is less than ?2.5 lakhs, you generally don't need to pay taxes or file an income tax return in India.
Taxable Income for NRIs:

Interest income earned on NRO accounts is taxable in India.
Dividend income from Indian companies is generally taxable in India at a rate of 20% (plus surcharge and cess if applicable).
Capital gains from selling shares or equity mutual funds in India are taxable depending on the type and holding period of the investment.
Rental income from property in India is taxable.
NRIs and PPF:

NRIs cannot open new PPF accounts, but they can continue to contribute to existing PPF accounts opened while they were resident Indians.
The good news is that interest income earned on PPF and the maturity amount are completely tax-free for everyone, regardless of residential status.
Filing Income Tax Returns:

Even if your total income is below ?2.5 lakhs, you might still need to file an income tax return in India if you want to claim a tax refund on TDS (Tax Deducted at Source) deducted from your income, such as on interest from NRO accounts.
NRIs are advised to consult with a qualified tax advisor or chartered accountant familiar with NRI taxation to determine their filing requirements and tax liabilities.
In summary, while the ?2.5 lakh limit is a general guideline, it's important to consider all your income sources in India and the specific tax treatment of each to determine your tax filing obligations.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

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