Non-Resident Indians (NRIs) file Income Tax Returns (ITR) in India for income earned or accrued within India (e.g., rental, interest, capital gains) exceeding the basic exemption limit, usually using ITR-2 (or ITR-3 for business income). Filing is done online via the Income Tax e-Filing portal using PAN, with a July 31st deadline.
NRIs are not eligible for the simpler ITR-1 form and must file using ITR-2 or ITR-3 depending on their specific financial situation. Choosing the correct form ensures compliance with Indian tax laws and avoids penalties or delays.
Just because you reside in the U.S. does not mean you have to go back to India to file your Indian income tax return. Today, there exists a process of electronically filing your returns, allowing you to do your job without having to physically go to India.
Instead, they need to convert their savings account into an NRO account. That is why you must declare yourself as an NRI, and start complying with the respective rules and regulations as soon as your resident status changes. Not doing so can attract legal and financial penalties.
Income Ceiling: ITR-1 has an income limit of ₹50 lakh total income. If your total taxable income for the year is more than ₹50,00,000, you cannot use ITR-1. Such taxpayers will need to use ITR-2 (or another appropriate form) because ITR-2 has no upper income limit – it can handle incomes above ₹50 lakh without issues.
Form ITR – 2 can be used by an individual and Hindu Undivided Family who is not eligible to file ITR-1 Sahaj and not having income from “profit and gains of business or profession” and also not having income from “Profits and gains of business or profession” in the nature of interest, salary, bonus, ...
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.
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.
Will I go to jail if I don't declare my offshore account? Yes. Any income earned in offshore accounts has to be declared by Canadian residents. Failure to do so is tax evasion and can lead to jail time.
ITR Filing Charges:
Salaried ITR Filing: ₹1,000/- Capital Gain / Share Gain-Loss ITR: ₹1,500/- Business ITR – 44AD Return: ₹2,000/- All other ITR Filing: ₹3,000/-
Form 1040 is used by U.S. taxpayers to file an annual income tax return. Form 1040-SR is available as an optional alternative to using Form 1040 for taxpayers who are age 65 or older.
Yes, you can file your ITR without a CA via our DIY plans. Click here to check out the plans. What is assisted filing? Get an expert to do your taxes for an individual with all kinds of income.
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.
Step-by-Step Guide to File Your Taxes in India as an NRI
As per the Income-tax Act , interest received from NRE account is exempt from taxes for an individual, till the time the individual qualifies as person resident outside India (PROI) under the provisions of the Foreign Exchange Management Act, 1999 (Fema) or is a person who has been permitted by RBI to maintain the said ...
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.
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.
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.
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.
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.
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.
The new regime is beneficial as there is zero tax liability for income upto Rs. 12 lakhs for FY 2025-26. Can you pay zero tax on Rs 12 lakhs salary ? Yes , You can pay Zero tax on Rs 12 lakhs salary by claiming deduction and exemption like HRA exemption , 80C deduction , Standard deduction , Housing loan interest etc.
For FY 2025-26 (AY 2026-27), the income tax filing last date for non-audit taxpayers is 31st July 2026. Many deductions and benefits are not available if you miss this due date. However, if you miss this date, you can file a belated return until 31 December 2026, but late filing fees and interest will apply.