Yes, Non-Resident Indians (NRIs) are taxable in India on any income that is earned, accrued, or received within India. While income earned outside India is not taxed, Indian-sourced income such as rent, salary for services in India, capital gains, or interest on NRO accounts is subject to Indian tax laws.
Once you determine your residential status in any Financial Year as an NRI and your income in India (before considering deductions and exemptions) exceeds the basic threshold limits, you are liable to pay taxes. NRIs are only taxed on income earned and accrued or received in India.
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.
An NRI is not liable to pay tax on income earned outside India. However, an NRI returning to India gets a NOR status, eventually converted to a ROR status. A resident Indian is liable to pay tax on global income under the income tax laws.
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.
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.
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.
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.
An individual who is a citizen of India and has a total income (from other than foreign sources) exceeding Rs. 15 lakhs during a financial year, then he shall be deemed to be a resident in India in that year if he is not a tax resident of any other country.
NRIs are not allowed to open or operate a resident savings account. If they are found to be doing so, they may have to pay a penalty of up to three times the amount in their savings account or ₹2 lakhs (if the amount is not quantifiable). Are NRIs allowed to invest in India? Yes.
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.
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.
Retirement Account Options in India
NRIs who return to India can invest in retirement accounts such as the Public Provident Fund (PPF) and Employees' Provident Fund (EPF). These options provide tax advantages and secure returns, making them suitable for retirement planning.
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.
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.
Surcharge and Cess:
Surcharge under the New Regime (for individuals below 60 years): 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.
Foreign inward remittances in India
Funds received from abroad to an Indian account are called foreign inward remittances. This is governed by the FEMA or the Foreign Exchange Management Act (FEMA). Foreign inward remittances are tax-free on two conditions, namely, who is sending the money and the purpose.
Yes, it is possible to transfer ₹20 Lakhs through NEFT, depending on your bank's daily limit. Increasing the NEFT limit in HDFC is a hassle-free process. To modify your third-party transfer (TPT) limit in HDFC Bank, log in to the official HDFC Bank portal using your ID and password.
You must declare foreign currency to the Indian Customs authorities using the Currency Declaration Form if you bring more than USD 5,000 cash or its equivalent in another currency or is more than USD 10,000 or its equivalent in any other currency either in cash, a forex card or traveller's cheques.