Understanding Taxes

How do I determine my Residential Status?

There are 3 types of residents that we will explain here for your understanding.

Based on this, you will be able to determine your Residential Status.

Type-1 : RESIDENT (ANY OF 1 OR 2)

1. If your stay in India is 182 days or more during previous year

2. If your stay in India is 60 days or more in Previous year and 365 days or more during 4 years preceding to previous year.

BUT IN CASE

  • where a person leaves for employment or
  • where a resident who leaves India as a member of Crew of Indian ship or
  • where an Indian Citizen who is abroad comes to India for a visit

the period of stay would be 182 days instead of 60 days in the previous year as per above point #(2)

Type-2: NON RESIDENT

If a person does not satisfy any of[ (1) and (2) with exceptions} condition will be Non-Resident.

Type-3: RESIDENT BUT NOT ORDINARILY RESIDENT

1. If your stay in India is 182 days or more during previous year

2. If your stay in India is 60 days or more in Previous year and 365 days or more during 4 years preceding to previous year.

BUT IN CASE

  • where a person leaves for employment or
  • where a resident who leaves India as a member of Crew of Indian ship or
  • where an Indian Citizen who is abroad comes to India for a visit

     the period of stay would be 182 days instead of 60 days as per point#(2)

      AND

3. If your stay in India has been atleast 9 out of 10 years preceding to previous year

4. If your stay in India has been 730 days or more out of 9 years preceding to previous year.

If you satisfy any one from (1) & (2) but do not satisfy any/both from (3) & (4) your status will be Resident but Not Ordinarily Resident.

 

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Comments

 

Hitesh said:

What will happen in case of an Indian Cricketer going out for matches, Will he be considered as a person going out for employment?

And also in case of a person who is citizen of India leaving India for booking orders on behalf of an Indian company for exporting goods?

Will both fall in Exceptional category and 182 days be considered..

April 3, 2010 10:46 AM
 

pradeep said:

Thanks Boss. Just perfect to answer the question

June 30, 2010 5:07 AM
 

mite said:

hi hitesh wasup

yaar as per the IT act 1961 for Indian Cricketer 2nd basic condition is nt applicable

August 15, 2010 4:38 AM

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