DWQA User Profile SherwynQuestions(1)Answers(0)Posts(0)CommentsThanks for your reply. Can you suggest a CA in Mumbai who is an expert in NRI taxation?On Answer for Clarification on Residential Status as per Income Tax ActThanks for your reply to my query Mr. Sreekanth.I am confused about the condition no. 2 in the Income tax rule for NRI status which states the following:'Non-resident Indian' is an individual who is a citizen of India or a person of Indian origin and who is not a resident of India. Thus, in order to determine whether an Individual is a non-resident Indian or not, his residential status is required to be determined under Section 6. As per section 6 of the Income-tax Act, an individual is said to be non-resident in India if he is not a resident in India and an individual is deemed to be resident in India in any previous year if he satisfies any of the following conditions: 1. If he is in India for a period of 182 days or more during the previous year; or 2. If he is in India for a period of 60 days or more during the previous year and 365 days or more during 4 years immediately preceding the previous year.As per the condition no. 2 mentioned above, an individual is deemed to be resident of India in any previous year if he is in India for a period of 60 days or more during the previous year AND 365 days or more during the 4 years immediately preceding the previous year.Assuming that I spend anywhere between 60 days and 182 days in India in the financial year 2018-2019 (assessment year 2019-2020), I will never be able to fulfill the condition of 365 days or more during the 4 years immediately preceding the previous year as I have been in India continuously in the preceding 4 years.Does this mean I should not spend more than 60 days in India in any financial year to be absolutely exempt from Income tax?On Answer for Clarification on Residential Status as per Income Tax ActCrop
