11 Key Points You Should Know for Non-Residents Filing Tax Returns in India

If you are a Non-Resident Indian and you are new to the taxation landscape in India, then filing taxes in India would feel too difficult. As the top tax consultant in Gurgaon, we have helped countless NRIs navigate income tax rules in India. Read more to learn about the key points for non-residents filing tax returns in India:

11 Key Points for Non-Residents Filing Tax Returns in India ; Blog Poster

If you are a Non-Resident Indian (NRI), filing income tax returns in India might seem complicated to you at first. However, understanding more about the tax regulations in India can help you navigate the process with more ease. Whether you live in the US, UK, UAE, or any other country, if you earn income in India, you may need to file ITR for the income earned or accrued in India.

This guide highlights 11 key points every NRI should know when it comes to cross border transactions and NRI tax filing in India. Find out more about India income tax filing for NRI in the following sections:

11 Key Points for Non-Resident Indians Filing Income Tax Returns in India

The Indian tax laws may seem complex when it comes to NRI taxation and other rules and regulations, such as the FEMA Compliance. Here are 11 key points for the income tax return for NRI: 

1. Determine Your Residential Status: Know Whether You Qualify as an NRI

You are considered an NRI if:

  • You have stayed in India for at least 182 days during the financial year, or
  • You stayed in India for at least 60 days in the current financial year and for at least 365 days in the past 4 years.
Non-Resident Indians Filing Income Tax Returns in India

Recommended: Income Tax for NRI in India: Everything You Need to Know

2. Only Indian Income is Considered as Taxable Income for NRIs

As an NRI, you are liable to pay taxes only on the income you earn in India. This includes:

  • Income that is earned from house property in India. NRIs can avail of benefits such as tax deduction on property tax, and more. 
  • Income that is earned from interest on savings accounts or fixed deposits in Indian banks.
  • Any income that is earned from capital gains located in India.
  • Salary received in India. This includes both income that is received by an NRI directly from the salary that is deposited into an Indian bank and income from the services provided by the NRI in India.

It must be noted that income earned abroad is not taxable in India for NRIs under the Income Tax Act. 

3. An NRI Must File ITR If The Income Earned Exceeds ₹2.5 Lakhs

If your total income in India during the financial year exceeds ₹2.5 lakhs, you must file an Income Tax Return (ITR), even if tax was already deducted at source (TDS).

When it comes to India income tax filing for NRI, it’s important to understand the tax slabs that apply to you. NRIs are taxed just like resident Indians under both the old and new tax regimes, but without the rebate under Section 87A (which is available to residents with income up to ₹5 lakh).

Here’s a quick look at the NRI income tax slab in India under different regimes:

Old Tax Regime (For FY 2024-25)

Old Tax Regime (For FY 2024-25)

New Tax Regime (Section 115BAC)

New Tax Regime (Section 115BAC)

Revised Slabs (Default for New Regime in FY 2024-25)

Revised Slabs (Default for New Regime in FY 2024-25)

Surcharge on High Income for NRIs

  • 10% if total income exceeds ₹50 lakh up to ₹1 crore
  • 15% if income exceeds ₹1 crore up to ₹2 crore
  • 25% if income exceeds ₹2 crore up to ₹5 crore
  • 37% if income exceeds ₹5 crore

Note: NRIs are not eligible for the rebate under Section 87A (up to ₹12,500).

If you’re an NRI returning to India permanently, your India NRI tax filing must include your global income. Make sure to file your ITR in India accurately.

4. Use the Correct ITR Form

You can obtain Form ITR-26AS from the Income Tax Department's official website. Make sure you use the right form and fill in accurate details from your records to avoid discrepancies during the India tax filing NRI process. If you find any discrepancies, then they should be corrected before you submit the form. Submission of the form with errors or discrepancies can lead to penalties or even legal consequences, depending on the severity of the misconduct.

5. Disclose Details of Your Assets and Liabilities

NRIs should disclose all details about the assets and liabilities in India and outside India. This includes:

  • Assets: Investments, properties, and other assets
  • Liabilities: Debts or loans incurred

The disclosure of such details helps tax authorities to understand your financial position and ensure that your income tax return is accurate and complete. This is also necessary for compliance with anti-money laundering regulations.

Read Also: Corporate Tax Filing Obligations for Foreign Companies in India

6. TDS and Tax Exemptions for NRIs

When you file your return of income tax, you need to take note of TDS (Tax Deducted at Source) and tax exemptions for NRIs to avail major deductions and exemptions. During NRI tax filing in India online, you can claim exemptions from liabilities or the sale of assets, and also claim deductions from investments, education loan interest rates, and more. 

7. Avail DTAA Benefits

India has signed a Double Taxation Avoidance Agreement (DTAA) with more than 90 countries across the world. This means that you can get relief from paying taxes twice (in India and your country of residence).

To claim DTAA relief, you need to submit the following documents when you file your ITR:

  • Tax Residency Certificate (TRC) from filing Form 10FA
  • An indemnity or self-declaration form
  • A self-attested visa
  • A self-attested copy of the PAN card 
  • PIO proof copy
  • A self-attested copy of the passport 

Availing the DTAA benefits can significantly reduce your tax liability under the India NRI tax filing.

8. Interest on NRE and FCNR Accounts is Tax-Free

Interest earned on NRE (Non-Resident External) accounts and FCNR (Foreign Currency Non-Resident) accounts is tax-free in India if you are an NRI. On the other hand, the interest earned on NRO (Non-Resident Ordinary) accounts is fully taxable, with the interest subject to a TDS rate of 30%. Keep such factors in mind during India income tax filing for NRI.

9. Income from Capital Gains is Taxable

The income earned from selling a house property or from investments on a long-term capital gain is subject to a TDS rate of 20%. You can claim deductions from the purchase of a new residential property as stated under Section 54.

10. Filing Taxes Online is Easy and Convenient

Gone are the days of needing to visit the Income Tax Department in person. NRI tax filing India online is convenient, and the process is also simple. What you need to do is:

11. Make sure to file an Income Tax Return on Time

The last date to file income tax returns is July 31st for NRIs. Do not cross the deadline for India NRI tax filing to avoid fines or penalties from the Income Tax Department.

Read More: What Happens If You Don't Respond To Income Tax Notice?

Conclusion

India tax filing NRI doesn't have to be a stressful experience. Professional help from top CA firms in India can help you through the complex process, so don't hesitate to reach out to them for help.

Need Professional Guidance For Income Tax Filing as an NRI?

If you're unsure about how to handle your NRI tax filing India online, reach out to our tax consultants today to receive personalized guidance for the process.

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