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Subramanian.V (NA)     06 June 2017

Nri or resident indian for 2016-17

My date of birth is October 17, 1938. I am 78 years old. I recently got Green Card in USA. The details are as follows: 1. My wife & me got Green Card wef September 20, 2016. That means we were in India for less than 182 days during 2016-17. 2.Out stay details in India in the last few years from 2010-11 are as follows: (a) During 2010-11: Stay in India -all 365 days (b). During 2011-12: Stay in India-all 366 days (c). During 2012-13: Stay in India- only 173 days (d). During 2013-14: Stay in India-200 days (e). During 2014-15: Stay in India- 180 days (f). During 2015-16: Stay in India-366 days (g). During 2016-17; Stay in India- 173 days (Same is mentioned in serial no: 1 above.) Can you please explain how my NRI status for 2016-17 is interpretated in view of " To qualify as a resident Indian, an individual should have spent 182 days or more of a financial year in India, or stayed in India for 60 days or more in the year and for a period of 365 days or more in the 4 years preceding the relevant financial year.". Though I have stayed less than 182 days in India, Am I not satisfying the other condition to be Resident during 2016-17? Pl clarify?

 



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 4 Replies

Ms.Usha Kapoor (CEO)     06 June 2017

If you stay 60 days atleast in A FINANCIAL YEAR and 365 days  or more in the preceding 5 years in a financial year is enough to qualify as a resident.

Read more at: https://www.lawyersclubindia.com/forum/Nri-or-resident-indian-for-2016-17-150496.asp

Ms.Usha Kapoor (CEO)     06 June 2017

If you stay 60 days atleast in A FINANCIAL YEAR and 365 days  or more in the preceding 5 years in a financial year is enough to qualify as a resident.

Read more at: https://www.lawyersclubindia.com/forum/Nri-or-resident-indian-for-2016-17-150496.asp

Ms.Usha Kapoor (CEO)     18 June 2017

IN ORDER TOBE A RESIDENT YOU'LL HAVE TO STAY AT LEAST 183 DAYS IN A FINANCIAL YEAR.IN iNDIA. wHEREAS YOU STAYED IN 2016-17 YOU ONLY 173 DAYS. hENCE yOU HAVE NOT SATISFIED THE CONDITION OF  STAYING 183 DAYS IN iNDIA TO BE  QUALIFIED AS RESIDENT. HENCE YOU ARE NOT A RESIDENT FOR 2016-2017 fINANCIAL YEAR.pLEASE DELETE MY PREVIOUS ANSWER. i WAS  WRONG. NOW  I'M CENT PERCENT CORRECT.

Master Warrior (AOR)     08 October 2017

Usha's first answer was the correct one. You have stayed more than 365 days in the past 4 years plus over 60 days in 2016-2017, so for tax purposes you are a resident.

You answered your own question in your post:

To qualify as a resident Indian, an individual should have spent 182 days or more of a financial year in India, or stayed in India for 60 days or more in the year and for a period of 365 days or more in the 4 years preceding the relevant financial year.
 


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