Q.3
What are the different categories of residential status? Explain how these categories
are determined and affect the tax liability of an assessee?
Answers
Answer:
Have a look at the following conditions and identify your residential status
Basic conditions ROR RNOR RNOR
a) Your cumulative stay in India during the relevant financial year is 182 days or more; Or your cumulative stay in India is 60 days or more during the financial year and 365 days or more during the 4 previous financial years. Yes Yes Yes
Additional conditions ROR RNOR RNOR
a) His/her cumulative stay in India is 730 days or more during the 7 financial years immediately preceding the current financial year Yes Yes No
b) He/she was a resident in India in at least 2 out of 10 previous financial years immediately preceding the current financial year. Yes No Yes
If an individual satisfies condition (a), (b) and (c), then he/she qualify as ROR
If an individual satisfies condition (a), (b) or (c), then he/she qualify as RNOR
If an individual does not satisfy condition (a), then he/she qualify as NR. Hence, condition (b) and (c) are not applicable.
1. Resident and Ordinarily Resident (ROR)
An individual qualifies as a ROR in India if he/she fulfils the following basic conditions:
His/her cumulative stay in India during the relevant financial year is 182 days or more; Or his/her cumulative stay in India is 60 days or more during the financial year and 365 days or more during the 4 previous financial years.
The taxpayer must also satisfy the following additional conditions in order to be treated as ROR in India in the relevant financial year
a. His/her cumulative stay in India is 730 days or more during the 7 financial years immediately preceding the current financial year and;
b. He/she was a resident in India in at least 2 out of 10 previous financial years immediately preceding the current financial year.
If either of condition (a) or (b) are not met, then individual does not qualify as ROR.
Aarti Raote, Partner, Deloitte India explains, Mr A who has left India for the first time in November 2018 (i.e. his stay in India during the FY 2018-19 was 220 days) qualifies as ROR for tax purpose as his stay in India exceeds 182 days during the previous year 2018-19 and his stay in the 7 previous years more than 730 days as well as he is a resident of India in all the earlier previous years. "In such case, his global income would be subject to tax in India," she said.
2. Resident but Not Ordinarily Resident (RNOR)
The individual qualifies as RNOR in India if he/she meets the following basic conditions:
His/her cumulative stay in India during the financial year is 182 days or more; or his/her cumulative stay in India is 60 days or more during the financial year and 365 days or more during the 4 previous financial years.
However, the taxpayer will be treated as RNOR in India during the financial year only if he/she satisfies one of the additional conditions mentioned below:
a.) His/her cumulative stay in India is 730 days or more during the 7 financial years immediately preceding the current financial year or;
b.) He/she was a resident in India at least 2 out of 10 previous financial years immediately preceding the current financial year
Raote explains Mr B stayed in India for 185 days during the FY 2018-19. Therefore, he meets condition 1. However, his stay in India has not crossed more than 730 days during the period 1st April 2011 to 31st March 2018 immediately preceding the FY 2018-19. So, in this case, he does not meet condition A. Hence, Mr B qualifies as 'Resident but Not Ordinarily Resident' (RNOR). "In such case, only income that accrues and arises in India or that is deemed to accrue or arise in India is liable to be taxable in India," she said.
3. Non-Resident (NR)
The individual qualifies as NR in India if he/she meets all the following conditions:
His/her cumulative stay in India during the financial year is less than 181 days and
His/her cumulative stay in India does not exceed 60 days or more during the financial year
His/her cumulative stay in India exceeds 60 days or more during the financial year but does not exceed 365 days or more during the 4 previous financial years
In such a scenario, say if Mr C stayed in India was for 40 days during the financial year, so he qualifies as 'Non-Resident' (NR) in India as he meets 3 conditions above. In case if the person has NR status, only India-sourced income and income received directly in India bank account, would be taxable.
Points to note
It may be noted that the period of 60 days, as mentioned in the case of ROR, RNOR and NR, would stand enhanced to 182 days for the determination of residential status in the following situations, Raote explains:
A citizen of India, leaving India for the purpose of taking up employment outside India during the year.
A citizen of India or a Person of Indian Origin (PIO), who is staying outside India, comes on a visit to India