Answer

ITR

Deemed resident rule for citizens not taxed abroad

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  1. Facts

    An Indian citizen with Indian income above ₹15 lakh who is not liable to tax in any other country because of residence can be deemed resident in India. Such a person is treated as resident but not ordinarily resident.

  2. Provisions and law

    • Sec 6(1A), Income-tax Act 1961Indian citizen with total income other than foreign-source income above ₹15 lakh, not liable to tax elsewhere, is deemed resident.
    • Sec 6(6), Income-tax Act 1961 (now Sec 6, Income-tax Act 2025)Deemed residents are not ordinarily resident.
  3. Analysis

    UAE has no personal income tax, so this rule can matter for UAE-based Indians. If your Indian income is below ₹15 lakh, it does not apply. If it applies, you are RNOR, so foreign income is broadly not taxed in India unless from an Indian business or profession. Get a tax residency certificate if you rely on a treaty.

  4. Conclusion

    1. Total your Indian income excluding foreign-source income.
    2. Check if it exceeds ₹15 lakh.
    3. Check whether you are liable to tax in your country.
    4. Declare status accordingly in ITR-2.

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