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—Personal, NRI & HNI Advisory

NRI Taxation & Return Filing

Determination of residential status, taxation of Indian income, treaty relief and return filing for NRIs.

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Handled by a practising Chartered Accountant or Company Secretary.

Scope of work

Determination of residential status, taxation of Indian income, treaty relief and return filing for NRIs.

Key deliverables

  • Filed return and tax computation

Governing law

Income-tax Act (1961 / 2025, as applicable to the period); DTAAs

Frequency

Annual

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NRI Taxation & Return Filing

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  • Filed return and tax computation
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NRI Taxation & Return Filing + Compliance Care

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+ ₹9,599/yr for year-one ROC compliance

  • Filed return and tax computation
  • Financial statements in Schedule III format
  • Board report and AGM notice
  • Filed AOC-4 with SRN
  • Filed MGT-7 / MGT-7A with SRN
  • Board and AGM minutes
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—A closer look

Understanding NRI taxation

Everything below is written for non-resident Indians — which Indian income is taxable, how TDS works on NRI income, when you need to file a return, and how to claim treaty benefits and refunds.

What is NRI taxation and return filing?

Non-resident Indians are taxed in India only on income earned or received in India: rent from Indian property, interest on NRO deposits, capital gains on Indian shares, mutual funds or property, and income from Indian businesses. Salary earned abroad and foreign investment income aren't taxed in India while you're non-resident.

Much NRI income has tax deducted at higher rates, so many NRIs overpay and need to file a return to claim refunds. Others must file because their Indian income exceeds the basic exemption limit or they sold property or shares.

The key terms

What NRIs need to know:

Residential status
Determined each year by days in India — the 182-day test, and the 60/120-day tests with conditions for Indian citizens and persons of Indian origin.
RNOR
Resident but not ordinarily resident — a transitional status for returning NRIs, where foreign income generally isn't taxed.
Deemed residency
Indian citizens with Indian income above ₹15 lakh who aren't taxable in any other country can be deemed resident (as RNOR).
NRE and NRO accounts
NRE account interest is tax-free; NRO account interest is taxable, with TDS.
TDS on NRI income
Tax is deducted at higher rates on most payments to NRIs, including property sale proceeds.
Lower deduction certificate
A certificate from the tax department allowing TDS at a lower rate, often used on property sales.
TRC and Form 10F
Documents needed to claim tax treaty benefits.

A simple example

An NRI in Dallas owns a flat in Hyderabad that earns ₹3.6 lakh a year in rent, and has NRO fixed deposits. The tenant deducts TDS at the NRI rate on rent, and the bank deducts TDS on NRO interest. After the 30% standard deduction on rent and considering the basic exemption, their actual tax is much lower than the TDS. They file an Indian return, claim a refund, and report the same income in their US return, claiming foreign tax credit there for the Indian tax paid.

Why it matters

NRIs often overpay or under-report:

Excess TDS
High TDS rates mean refunds are often due.
Property sales
Buyers deduct TDS on the full price, not just the gain.
Notices
Unreported Indian income leads to notices matched from TDS and bank data.
Residency changes
Getting residential status wrong can make foreign income taxable.
Treaty benefits
Lower treaty rates need the right documents.
Foreign tax returns
Indian tax can often be credited abroad, if documented.
Repatriation
Tax compliance supports moving money out of India.

Who is this for?

  • NRIs with rent, interest or capital gains in India
  • NRIs selling property or shares in India
  • NRIs with excess TDS to claim back
  • People moving abroad or returning to India
  • NRIs who received tax notices

Residency is decided year by year; we check it before preparing each return.

How residential status affects tax

What's taxable in India:

AspectNon-residentRNORResident (ordinary)
Indian incomeTaxableTaxableTaxable
Foreign salaryNot taxableGenerally not taxableTaxable
Foreign investment incomeNot taxableGenerally not taxableTaxable
Schedule FA reportingNot requiredNot requiredRequired
NRE interestExemptExempt while the status continuesTaxable once redesignated

What we'll need from you

Travel dates
Days in India for the year and earlier years.
Income details
Rent, interest, dividends and capital gains.
TDS certificates
Form 16A and Form 26AS / AIS.
Bank statements
NRE, NRO and FCNR statements.
Sale documents
Purchase and sale deeds for property sold.
Treaty documents
TRC and Form 10F if claiming treaty benefits.

Pricing depends on the income sources and whether capital gains are involved.

How we file NRI returns

Our approach:

  1. 1

    Determine status

    Residential status is determined from your travel dates.

  2. 2

    Collect income

    Indian income is compiled and matched with AIS and Form 26AS.

  3. 3

    Compute tax

    Tax is computed, applying treaty rates where beneficial.

  4. 4

    Plan exemptions

    Capital gains exemptions are considered where available.

  5. 5

    File

    The return is filed and verified.

  6. 6

    Follow up

    Refunds are tracked, and notices answered.

After filing

What comes next:

Refunds
Refunds go to a pre-validated Indian bank account.
Foreign returns
Use Indian tax details to claim credit abroad.
Lower TDS
Apply for a lower deduction certificate before future property sales.
Bank records
Update residency status with banks when it changes.
Notices
Watch the e-filing portal for communications.
Next year
Track days in India through the year.

Benefits and responsibilities

Benefits

  • Correct residential status
  • Refunds of excess TDS
  • Treaty benefits applied
  • Capital gains planned
  • Documents for your foreign tax return

Responsibilities

  • Share accurate travel dates
  • Provide complete Indian income details
  • Keep an Indian bank account for refunds
  • Update banks on residency changes
  • Share treaty documents where needed
  • Tell us about property sales in advance

—FAQ

Questions NRIs actually ask us

If Indian income exceeds the basic exemption limit, or if you want to claim a refund or carry forward losses, yes. Having capital gains usually means filing.