ITR
Deemed resident rule for citizens not taxed abroad
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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.
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.
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.
Conclusion
- Total your Indian income excluding foreign-source income.
- Check if it exceeds ₹15 lakh.
- Check whether you are liable to tax in your country.
- Declare status accordingly in ITR-2.
A Savvy can do this for you
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