NRI (Non-Resident Indian) status in India is primarily determined by the number of days an individual stays in the country during a financial year (April 1 to March 31) under the Income Tax Act, 1961. An individual is an NRI if they are in India for less than 182 days in a year, or less than 60 days in a year and less than 365 days over the preceding four years.
An NRI is a person who is an Indian citizen but resides outside India for a certain period. The Income Tax Act 1961 explains an NRI as a person who satisfies any of the following conditions: He/she is in India for less than 182 days in a financial year (from April 1 to March 31).
To be classified as an NRI, you must be an Indian citizen with an Indian passport and residing outside India.
You are resident if you stay ≥182 days in India in a year, or 365 days in the past 4 years + 60/120 days in the current year.
If you hit 182 days or more, you meet the resident test immediately. Next, it checks the 60-day plus 365-day condition (or 182-day plus 365-day if you qualify for the substitution). It adds up your days from the four preceding years to see if you cross 365 days.
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.
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.
182 Days Tax Rule in India for NRIs. NRIs are individuals who have a family lineage of Indian parents/grandparents but have been living outside India for more than half of the previous year and intend to do so for an indefinite period of time for the purpose of education, employment, profession, etc.
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.
NRI Definition as per the Income Tax Act of India
As per the Income Tax Act, an individual is considered an NRI if they have not lived in India for 182 days or more in a financial year, or for less than 365 days in the four previous years and less than 60/120 days in the current year.
Embassy wishes to clarify on the citizenship status of OCI cardholders. Constitution of India does not allow holding Indian citizenship and Citizenship of a foreign country simultaneously.
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.
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.
Detailed Process
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.
If you make ₹ 720,000 a year living in India, you will be taxed ₹ 145,160. That means that your net pay will be ₹ 574,840 per year, or ₹ 47,903 per month.
Examples of income that are not taxable in India include agricultural income, gifts and inheritances, interest on EPF and PPF, scholarships and awards, life insurance proceeds, leave encashment, gratuity, Long-Term Capital Gains (LTCG), and interest on tax-free bonds.
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.
Royalty holders are paid first from production revenue at a pre-agreed percentage. Net revenue interest is calculated by subtracting royalty payments, then dividing what remains by working interest owners. Calculating your share involves multiplying your working interest by the remaining revenue after royalties.
NRI days calculator
So, deriving from that, an NRI is one who is: Present in India for less than 182 days during that fiscal year, or. Present in India for less than 60 days during that fiscal year and cumulatively 365 days or less during the preceding four fiscal years.
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.
If you are living and working or studying in the U.S. as a nonresident alien, you may be required to file a federal tax return. If you are a nonresident alien, the Internal Revenue Service (IRS) may still consider you as a resident alien for tax filing purposes.
As a foreign resident, you must lodge a tax return in Australia. You must pay tax on all Australian-sourced income, except for income that has already been correctly taxed (such as interest, unfranked dividends and royalties).