Non-Resident Indians (NRIs) must file an income tax return (ITR) in India if their total taxable income earned or received in India exceeds the basic exemption limit of ₹2.5 lakh (or ₹3 lakh/₹4 lakh under new regimes) during a financial year. Taxable income includes Indian salary, rental income, capital gains, and interest on NRO accounts.
As an NRI, PIO, or OCI, you may be required to file tax returns in India if your Indian income surpasses the specified threshold or if you seek to claim refunds for excess tax deductions. While filing an ITR is mandatory only under certain circumstances, voluntary filing can be beneficial in many ways.
Conditions for exemption are: Senior Citizen should be of age 75 years or above. Senior Citizen should be 'Resident' in the previous year. Senior Citizen has pension income and interest income only & interest income accrued / earned from the same specified bank in which he is receiving his pension.
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.
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.
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.
Consequences of Not Filing ITR
Failing to meet this deadline could result in a penalty of ₹ 5000 if the return has been submitted after the due date under Section 234F. The penalty is reduced to ₹ 1000 if your total income is under ₹ 5 lakh for the concerned year.
Therefore, NRIs with absolutely no income sourced from within India are generally exempt from mandatory ITR filing. This means income sources like: Salaries earned while working abroad. Business profits accrued outside 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.
NRIs can send tax-free gifts to relatives in India, but gifts to non-relatives over ₹50,000 annually may be taxable for the recipient under Indian tax law. This makes inward remittance a tax-efficient way to manage your overseas earnings.
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.
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.
Resident individual recently moved abroad
He just received Form 16 from his Indian employer. Should he file his returns this year in India? NRI or not, every individual must file a tax return if their income exceeds basic exemption limit. But note that NRIs are only taxed for income earned/collected in India.
With the recent changes in the Indian Income Tax Act, it's now possible to pay zero tax on a salary of up to Rs. 7 lakhs. To pay zero tax on a 7 lakh salary using the old tax regime, maximize deductions: Claim Tax Rebate under Section 87A.
If you earn less than the Standard Deduction for your filing status, you likely don't need to file a tax return. Even if you don't meet the filing threshold, you may still have to file taxes if you have other types of income.
Certain NRIs: If the NRIs are only generating income from dividends or interest, or if their income is subject to TDS, then they might be exempted from filing tax returns. Senior Citizens (above 75 years): Senior citizens above the age of 75 whose income consists of pension and interest can be exempt from filing ITR.
As per Section 276C, if a taxpayer willfully attempts to evade tax or under-report income with the amount exceeding Rs 25 lakh, it invites imprisonment for a term of at least six months up to seven years along with a fine.
Penalty - 20% of tax involved is charged. Offence - Failure to file annual returns by the due date. Penalty - Additional tax equal to 5% of the normal tax, or Ksh. 10,000 in for Non-Individual Taxpayers.
Yes, if you are a U.S. citizen or a resident alien living outside the United States, your worldwide income is subject to U.S. income tax, regardless of where you live. However, you may qualify for certain foreign earned income exclusions and/or foreign income tax credits.
Non-resident Indians (NRIs) can repatriate a maximum of $250,000 without stringent formalities on money transfers from India to the USA. As per Section 206C(1G) of the Income Tax Act, there is no applicable TCS when NRIs transfer money from their NRO to their NRE account.
Under the tax treaty, social security is typically only taxable in the US. This means that even though you live in India, you will only pay tax on your social security income in the US, not in India.