Can NRI have income more than 15 lakhs in India?

Asked by: Kylee Abshire  |  Last update: July 11, 2026
Score: 5/5 (44 votes)

Yes, a Non-Resident Indian (NRI) can have an income of more than 15 lakhs in India, but it impacts their residency status for tax purposes. If an Indian citizen/PIO visits India and has an Indian-sourced income over ₹15 lakh, their allowed stay before becoming a resident is reduced from 182 days to 120 days. Such individuals may be deemed a Resident but Not Ordinarily Resident (RNOR).

What is the new rule for NRI in India?

New rules for NRIs in India focus on stricter tax residency criteria from April 2026, increasing the stay threshold to 120 days for high-income NRIs (over ₹15 lakh Indian income) to become Resident but Not Ordinarily Resident (RNOR) and introducing "deemed residency" for high-income Indians in tax havens; also, higher TCS thresholds for LRS remittances (to ₹10L) and removal of TCS for education loans are recent changes from Budget 2025-26, alongside increased reporting of foreign assets.
 

What is the 90% rule for non-residents?

The "90-day rule" for non-residents typically refers to two different concepts: in U.S. immigration, it's a guideline for determining if a non-immigrant misrepresented their intent by engaging in certain activities (like unauthorized work or immediate marriage) within 90 days of arrival, leading to visa fraud or inadmissibility. In Canadian tax law, the 90% rule allows non-residents to claim full federal tax credits if 90% or more of their world income is from Canadian sources, otherwise, credits are prorated.

Is NRI income in India taxable at the USA?

In most cases, income earned in India is taxed in India first, and a foreign tax credit is provided in the US against the taxes paid in India. For instance, if a US-based NRI earns rental income in India and pays tax on it as per Indian slabs, that income still needs to be reported in their US tax return.

How to avoid double taxation in India and the US?

Obtain a Tax Residency Certificate (TRC)

For instance, if you are a tax resident of the US, you can claim relief in India under the India-US DTAA subject to obtaining a Tax Residency Certificate (TRC) from the US revenue authorities, electronically filed declaration in Form 10F, etc.

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21 related questions found

Who pays 42% tax in India?

Maximum marginal rate is the highest rate of tax at any income level. This means for those with incomes between Rs 2 crore and Rs 5 crore, 39% will be the highest applicable tax rate, and for those with incomes above Rs 5 crore, it will be 42.74% — the highest tax rate since 1992.

Do non-residents pay tax on foreign income?

If you're not UK resident, you will not have to pay UK tax on your foreign income. If you are UK resident, you'll normally pay tax on your foreign income.

What are the tax implications of being a non-resident?

If you are a nonresident alien engaged in a trade or business in the United States, you must pay U.S. tax on the amount of your effectively connected income, after allowable deductions, at the same rates that apply to U.S. citizens and residents.

What is the 5 year non-resident rule?

Who is considered a temporary non-resident? Individuals that leave the UK for fewer than 5 years (periods of 12 months, not tax years), and prior to leaving have lived in the UK for at least 4 out of 7 of the most recent years, can be treated as being a 'temporary non-resident' upon returning to the UK.

How much money can NRIs keep in India?

As per NRI Foreign Currency Rules in India NRIs can carry up to US $5,000 in cash and US $10,000, including cash, traveler's cheque, etc. Anything above this limit must be declared before the customs department upon arrival. If the cash is in Indian currency, then only up to Rs 25,000 is allowed.

What is the rule of 15 lakhs in NRI?

Thus, from Assessment Year 2021-22, an Indian Citizen earning total income in excess of Rs. 15 lakhs (other than from foreign sources) shall be deemed to be resident in India if he is not liable to pay tax in any country.

What is the penalty for not declaring NRI status in India?

If you fail to declare your NRI status and are treated as a resident, your global income may be taxed in India. Non-disclosure could lead to: Penalties under Section 271F: A fine of ₹10,000 for failure to file an Income Tax Return (ITR). Interest under Section 234A/B/C: For delay in filing or paying advance tax.

What are the common tax planning mistakes NRIs make?

NRIs often believe that their income is taxed only in the country where they reside. For example, they assume income earned in India is only taxable in India, and income earned in the USA is only taxable in the USA. This is a misconception.

Do NRIs have to pay tax on FD in India?

Taxation on NRI fixed deposits

NRE fixed deposit is exempt from income tax. NRO fixed deposit is taxable in India as per the tax slab rate of your opted regime. There will be an upfront tax deduction (Tax Deducted at Source (TDS)) at the maximum rate of 30% plus applicable surcharge and cess.

Which income of NRI is taxable in India?

Non-resident Indians (NRIs) are taxed on income earned or collected in India. This could be from sources like property rent, share dividends, and investment and savings capital gains, if over a specified limit. Income earned outside India is not taxable in India.

Do US citizens pay tax on foreign income?

U.S. citizens and resident aliens are taxed on their worldwide income. You must report your wages and other earned income, both domestic and foreign-sourced, on the correct lines of your Form 1040.

How can I avoid tax residency?

“'183 days' is all you need to know”

The “magic number” that you'll often hear is 183 days, or 6 months. Once your presence goes beyond this threshold, you'd get the status of tax resident. And the other way around: less than 183 days means no tax residence.

What is excluded income for non-residents?

Types of Disregarded Income

Non-residents do not pay UK tax on interest earned from UK banks or building society accounts. This includes standard savings accounts, fixed-term deposits, and ISAs (where eligible). While UK tax is not due, your country of residence may still tax this income, depending on local rules.

How to avoid double taxation on foreign income?

Foreign Earned Income Exclusion (FEIE)

The FEIE allows you to exclude a significant portion of your foreign earned income from U.S. taxation. For tax year 2025 (filed in 2026), you can exclude up to $130,000. If you're married and both spouses qualify, you can each claim the exclusion for a combined total of $260,000.

What is the 10 year tax rule?

The IRS generally has 10 years from the assessment date to collect unpaid taxes. The IRS can't extend this 10-year period unless the taxpayer agrees to extend the period as part of an installment agreement to pay tax debt or a court judgment allows the IRS to collect unpaid tax after the 10-year period.

Which country has more tax, India or the USA?

Other countries collect 10 to 60 per cent of the tax. India collects 42.74, Canada 33, US 37, Finland 56.95, France 45, UK 45, Germany 45, Hong Kong 15, China 45, Singapore 22, Japan 55.97, Australia 45, and Singapore 22 per cent of tax charges.

Are there tax loopholes in India?

Tax regulations in India can be intricate, making it easier for some to exploit loopholes for personal gain.

What is the tax on 5 crores in India?

Surcharge and Cess:

Income over ₹50 lakh but under ₹1 crore: 10% of income tax payable. Income over ₹1 crore but under ₹2 crore: 15% of income tax payable. Income over ₹2 crore but under ₹5 crore: 25% of income tax payable. Income over ₹5 crore: 37% of income tax payable.