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๐Ÿ“ Section 6 ยท Income Tax Act, 1961

Residential Status Determiner

Determine whether an individual is Resident & Ordinarily Resident, Resident but Not Ordinarily Resident, or Non-Resident for any assessment year.

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:
โ€ข Indian citizen leaving India for employment / crew member โ€” B2 threshold raised to 182 days (instead of 60).
โ€ข 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 โ‚น15 lakh; such person becomes RNOR (not ROR).
โ€ข Budget 2020 deemed resident โ€” Indian citizen with total income > โ‚น15 lakh (other than foreign sources) who is not taxable in any other country is deemed Resident (and RNOR).

โ‘ก 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)

โ‘ข 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

๐Ÿ”€ 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

Residential Status Calculator

Enter the number of days present in India and related details to determine status for any Previous Year.

Current Previous Year
April 1 to March 31 of the previous year
Preceding Years Data
Total across the 4 years before current PY
Total across the 7 years before current PY
Count of years the person was Resident in the last 10 PYs
Special Categories (Exceptions)
Condition-by-Condition Analysis
Tax Implication
โš ๏ธ This tool is for educational/indicative purposes only. Consult a qualified CA/tax professional for actual filing. The deemed resident provisions (Budget 2020) and other special provisions may require additional analysis.