ITR
NRI filing a late return
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Facts
An NRI with taxable income in India, or wanting a refund of excess TDS, can file a belated return by 31 December 2026 for AY 2026-27. The same late fee of ₹1,000 or ₹5,000 applies if filing was required.
Provisions and law
- Sec 139(4), Income-tax Act 1961 (now Sec 263(4), Income-tax Act 2025)Belated return can be filed after the due date, by 31 December of the assessment year or before assessment, whichever is earlier
- Sec 234F, Income-tax Act 1961 (now Sec 428, Income-tax Act 2025)Late filing fee ₹1,000 if total income is up to ₹5 lakh, else ₹5,000
- Sec 244A, Income-tax Act 1961 (now Sec 437, Income-tax Act 2025)Interest on refund, generally 0.5% a month or part of a month
Analysis
NRIs often have TDS at high rates on NRO interest, rent or property sale. Example: TDS of ₹1.2 lakh on a flat sale where the actual capital gains tax is ₹70,000; a belated return claims the ₹50,000 refund. ITR-1 is not available to NRIs. Use an Indian bank account that is pre-validated for the refund.
Conclusion
- Collect Form 26AS (now Form 168), AIS and sale or rent papers
- Choose ITR-2 or ITR-3
- Pay any balance tax and fee
- File by 31 December 2026 and e-verify
- Validate an Indian bank account for refund
A Savvy can do this for you
Belated and revised return, Sec 263(4) and 263(5) (old 139(4) and 139(5))
₹1,499
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