Non-Resident Indians (NRIs) must file an income tax return (ITR) in India if their total taxable income earned within India exceeds the basic exemption limit (₹2.5 lakh or ₹4 lakh under new regime). Filing is mandatory for income from salary, rent, or capital gains in India, and it is necessary to claim tax refunds on TDS.
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.
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.
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.
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.
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.
ITR-2 - Applicable for Non-Resident Individual
This return is applicable for Individual (whether Resident or Non-Resident) and Hindu Undivided Family (HUF). Having Income under any head other than Profits and Gains of Business or Profession.
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 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.
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.
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.
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.
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.
To avoid being taxed twice on the same income, there are two main IRS forms that expats tend to use: Form 1116 and Form 2555. Form 1116 is for the Foreign Tax Credit. This form helps you claim a credit for the foreign income taxes you already paid.
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.
You can use an NRE bank account to store foreign currency converted to Indian rupees, while an NRO account is used to keep both foreign income and money earned in India. NRO accounts have a limit for repatriation up to USD 1 million per financial year, but NRE accounts have no such limit.
Additionally, for an individual who is an Indian citizen or of Indian origin (PIO) residing outside India and visiting, if their total income, excluding foreign earnings, surpasses ₹15 lakh, the 60-day requirement extends to 120 days. However, if their income is up to ₹15 lakh, the 60-day condition extends to 182 days.
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.
If you're in Canada for less than 183 days and don't have significant ties to the country—like a home or family here—you could be considered a non-resident. Non-residents are generally only taxed on income earned in Canada, not on worldwide income.