ITR
Status in the year you leave India for a job
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Facts
For an Indian citizen leaving India for employment abroad, the 60-day test does not apply in that year. You are resident only if you were in India 182 days or more.
Provisions and law
- Sec 6(1), Income-tax Act 1961 (now Sec 6, Income-tax Act 2025)An individual is resident if in India 182 days or more in the year, or 60 days or more with 365 days in the four earlier years, subject to exceptions.
Analysis
If you left in early October 2025, you may have been in India about 185 days, which makes you resident for FY 2025-26. Then your foreign salary from October to March is also taxable in India, with credit for foreign tax under DTAA. If you left before about 30 September, you may be non-resident. Count days exactly.
Conclusion
- Count days in India from 1 April 2025 to departure.
- Check if it reaches 182.
- If resident, report foreign income and claim foreign tax credit.
- If non-resident, report only Indian income.
A Savvy can do this for you
NRI income tax return, ITR-2 or ITR-3
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