RESIDENTIAL STATUS

18 important questions on RESIDENTIAL STATUS

What is necessary to determine the total income of an assessee?

Determining the total income of an assessee requires knowing their residential status. A Resident (Indian + Foreign) is taxable in India, while a Non-Resident is only taxed on Indian income.

How often should residential status be determined?

Residential status should be determined every year.

What is the residential status of an Indian company?

An Indian company is always considered a Resident. For a foreign company, if the place of effective management is in India, it is Resident; otherwise, Non-Resident.
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What is considered income deemed to be accrued or arise in India?

  • Dividend paid by Indian company outside India.
  • Salary received by Indian citizen from Indian government for service rendered outside India. Perquisite & allowance are exempt.
  • Salary income for service rendered in India, whether received before or after the service. E.g.: Gratuity, Pension.
  • Income of non-resident from business connection in India.

How is the residential status of HUF determined?

If control and management are wholly or partly in India, it is Resident. If KARTA satisfies both additional conditions, it is R & OR; otherwise, R but NOR.

What are the basic conditions for determining the residential status of an individual?

  • Stay in India for 182 days or more in PY (or)
  • Stay in India for 60 days or more in PY and 365 days or more in last 4 PYs.

How is the taxability of income for individuals and HUFs categorized?

  • Indian Income: Taxable for R&OR, R&NOR, NR.
  • Foreign Income:
    • Income from business/profession controlled from India: Taxable for R&OR, R&NOR, not for NR.
    • Other foreign income: Taxable for R&OR, not for R&NOR, NR.

What are the basic conditions for an Indian citizen or PIO visiting India?

If TI (excluding foreign income) is up to ₹15,00,000, no need to check the 2nd basic condition. If not satisfied, 1st basic condition is NR.

What are the additional conditions for residential status?

  • Resident in India for 2 PYs or more in last 10 years (and)
  • Stay in India for 730 days or more in last 7 PYs.

What is the scope of total income for Indian and foreign income?

Indian income includes income received or accruing in India. Foreign income is income other than Indian income. Income may be in cash or in kind.

What happens if an individual satisfies one basic condition?

If any individual satisfies any one basic condition (at least one), then he is treated as ROR; otherwise, NRI.

What is deemed resident status?

If an individual, being an Indian citizen, does not satisfy any basic condition and has TI > ₹15,00,000 (excluding foreign income), they are deemed Resident if not liable to tax in any other country.

What should be checked if an individual becomes ROR?

If any individual becomes ROR, then we have to check if such person is (ROR) or (Rbut NOR).

What income is deemed to be received in India?

  1. Employer contribution in excess of 12% in RPF or interest credited in excess of 9.5% in RPF.
  2. Employer contribution to National Pension Scheme.
  3. Amount transfer from URPF to RPF.

What is the exception to the second basic condition?

In certain cases, only the first basic condition is checked, ignoring the second. This applies when an Indian citizen leaves India during PY for employment, business, or as a crew member of an Indian ship.

What is the note regarding a person of Indian origin?

A person of Indian origin means he or either of his parents or grandparents were born in "undivided India."

What is the important note regarding Indian citizens with foreign income?

For Indian citizens or persons of Indian origin with TI ₹15,00,000+ (excluding foreign income), the second basic condition changes to 120 days instead of 60.

How is an individual treated if they satisfy the second basic condition but not the first?

If an individual satisfies the second basic condition but not the first, they are treated as Rbut NOR. No need to check additional conditions.

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