NRI
TaxNon-Resident Indian
An Indian citizen (or person of Indian origin) who resides outside India for tax purposes, based on the number of days spent in India during a financial year, with distinct banking and tax rules.
Definition
NRI status determines how India's tax and banking rules apply to an Indian citizen or person of Indian origin living outside the country. It's based primarily on the number of days spent in India during a financial year, generally under 182 days qualifies someone as non-resident, though additional rules apply for higher earners and those with extended prior-year presence.
NRI status affects which bank accounts you can legally hold (NRE or NRO instead of a regular resident account), how your income is taxed, and the rules around repatriating money out of India.
Formula
There's no formula, NRI status is determined by a day-count test:
Non-Resident if Days in India During Financial Year < 182 (subject to additional conditions for certain income thresholds)
Worked Example
Someone spends 150 days in India and 215 days abroad during a financial year, working a job based outside India.
- Days in India: 150, below the 182-day threshold
- Status: Non-Resident Indian for that financial year
Their foreign salary generally isn't taxed in India, while any India-sourced income, rent from an Indian property, for instance, remains taxable regardless of NRI status.
Key Things to Know
- Reassessed every financial year based on actual days present. NRI status isn't a permanent label, it's recalculated annually based on travel patterns.
- Only India-sourced income is generally taxable for NRIs. Foreign salary, foreign investment income, and similar earnings abroad typically fall outside Indian tax jurisdiction.
- Bank accounts must be converted upon becoming NRI. Continuing to operate a resident savings account after NRI status begins isn't compliant with FEMA regulations.
- DTAA agreements prevent double taxation on cross-border income. If income is taxed in both the country of residence and India, tax treaties typically provide relief through credit or exemption mechanisms.
- RNOR status offers a transitional period upon returning to India. Returning NRIs often get a couple of years of continued favorable tax treatment on foreign income before fully reverting to resident tax rules.
Related Terms
Frequently Asked Questions