โ Step 1 โ Resident or Non-Resident?
An individual is Resident if they satisfy at least one of these Basic Conditions:
Basic Conditions (satisfy any one)
B1
Present in India for 182 days or more during the previous year (PY).
โ OR โ
B2
Present in India for 60 days or more in the PY AND 365 days or more in the 4 preceding years.
Important Exceptions to B2:
โข Indian citizen leaving India for employment / crew member โ B2 threshold raised to 182 days (instead of 60).
โข Indian citizen / PIO visiting India โ B2 threshold raised to 182 days (until AY 2020-21). From AY 2021-22, raised to 120 days if total income (other than foreign sources) exceeds โน15 lakh; such person becomes RNOR (not ROR).
โข Budget 2020 deemed resident โ Indian citizen with total income > โน15 lakh (other than foreign sources) who is not taxable in any other country is deemed Resident (and RNOR).
โก Step 2 โ Ordinarily Resident or Not?
A Resident individual is Ordinarily Resident (ROR) if they satisfy both Additional Conditions:
Additional Conditions (satisfy both)
A1
Resident in India in at least 2 out of the 10 preceding previous years.
A2
Present in India for 730 days or more in the 7 preceding previous years.
If either additional condition is not met โ Resident but Not Ordinarily Resident (RNOR)
โข Tax Scope by Status
ROR
- Indian income
- Foreign income
- Income deemed to accrue in India
โ Worldwide income taxable
RNOR
- Indian income
- Income deemed to accrue in India
- Foreign income from India-controlled business
โ Partial exemption on foreign income
NR
- Indian income only
- Income deemed to accrue in India
โ Foreign income fully exempt
๐ Determination Flowchart
Does the individual meet any Basic Condition (B1 or B2)?
No โ Non-Resident
โ
Yes โ
Does the Resident meet BOTH Additional Conditions (A1 and A2)?
No โ RNOR
โ
Yes โ ROR