How to find NRI status?

August 21, 2009

Non Resident Indian(NRI)

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In this article I will explain about the NRI status. Many people confused about the NRI term and when a person is considered as Non-Resident Indian(NRI). This article gives you the policies related to NRI and how to decide whether a person is NRI for the specific financial year. Please post your feedback in the comments section. If you like this article please subscribe to our future articles here.

What makes you resident?

  • If a person stays in India for more the 182 days for the current financial year
  • If you stay in India for at least 60 days in India during the current FY and have stayed in India for at least a total of 365 days during the four previous FYs, then you are a resident.
  • However, the criteria of 60 days are extended to the first criteria of 182 days for any one of the following instances:
    • 1. If you reside abroad for the purpose of employment.
    • 2. If you reside abroad as the member of the crew of an Indian ship.
    • 3. If you are an Indian citizen or a person of Indian origin who comes to India on a visit.
  • If you are an NRI, only your income from India will be taxed. You don’t have to pay taxes on income earned abroad, even if you remit this income to India.
  • An Indian citizen leaves India for the purpose of Employment, Education or Staty with parent, at the moment when he is leaving the India he becomes the NRI. In this case when the return period is un-certain then he will be considered as an NRI.

Summary

I hope this article helps to understand the NRI status. If you have any doubts regarding the NRI status, please post it in the comments section. I will answer your questions. Thank you for reading this article. If you like this article please subscribe to our future articles here.

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130 Responses to “How to find NRI status?”

  1. Sankar Says:

    Hi Krishna,

    I am currently in UK, i came here on 16th Dec 2010, and planning to return back to India on 10th Jan 2012.

    Will i be considered as resident, as i’ll be in india for more than 60 days? If so do i need to pay tax on my global income?

    Reply

  2. Nilanjana Says:

    I left India on 16th March 2011 after my marraige with my husband as he stays abroad for work, and I will be back on 25th Oct 2011, in the meantime I stayed in abroad all the way, so in this case will my status will be an NRI or not.

    Reply

  3. P.Santhosh Says:

    Hi I am working in merchant on foreign ship not registered in India as an officer and would like to know if my income is taxable in india and do i have to worry about completing NRI status in a FY as i am not a crew member of an Indian Ship.

    Reply

  4. Revanth Says:

    Dear sir,

    I am Revanth currently working in abroad, I need to know my NRI Status to apply for MBA collages. It would be great if you could help me out regarding this.

    I have Travelled to abroad on Mar 12,2011 and worked there close to 7 months. Then in october i have visited India on vocation for 3 weeks and went back.

    Now I might stay abroad for another 7 months, so do my status will be NRI or normal citizen.

    Thanks in advance

    Reply

  5. Niladri Sekhar Mukherjee Says:

    dear sir, I am working in the merchant navy and will be short of 11 days in the current financial year for attaining NRI status. Can I go to bangladesh for these days and attain my NRI status.

    Reply

  6. N.R.Chandrashekar Says:

    My son is in USA, entered as a student from from August 2009 for higher studies. Is he an NRI automatically under Indian laws, if yes is there any procedure to be followed to obtain NRI status from the government authorities.

    Reply

  7. swapnil Says:

    i have job in dubai. coming back to India before 182 day of completion permanently .
    my income taxable in India , if then how can i save the tax .

    Reply

  8. R.Ravi Says:

    I’m workng in merchant navy. I’m filing my returns regularly. I have been maintining NRI status for past five years. Only this financial year from April 2011 to March 2012, I have short 34 days to cover up NRI status for 182 days. If I do not cover these 34 days, should I have to pay tax?

    Please advise.

    Awaiting your reply Sir/Madam,

    Thanks & best regards
    R.Ravi

    Reply

  9. M.P.Chakraborty Says:

    Hi
    I am maintaining NRE status & account since 1976 but from 2010 April I am not sailing till date.
    Kindly confirm How long I can enjoy this NRE account as per current rules ?

    Thanks and regard
    M.P.Chakraborty

    Reply

  10. M.P.Chakraborty Says:

    Hi
    I am maintaining NRE status & account since 1976 but from 2010 April I am not sailing till date.
    Kindly confirm How long I can enjoy this NRE account as per current rules ?

    Thanks and regard
    M.Chakraborty

    Reply

  11. V. kumar Says:

    Dear Krishna,
    I came to Muscat on 1st April,2011 for the first time on employment. Since then I have stayed here. Prior to 1st April’2011, I had never gone out of India .All the past years, I had stayed in India only.
    So inspite of my having stayed in India for a period of 365 days in the past four years before financial year 2011-12, Do i have the NRI status(as per income tax rules) for the financial year 2011-12 although I have stayed for less than 182 days in India for Financial year 2011-12. In short if a person is a first timer to an outside country for employment and stays for less than 182 days in India in that year, does he have NRI status for that year?
    Regards

    Kumar

    Kindly advise.

    Regards
    Kumar

    Reply

  12. omvir Says:

    I am working in merchant navy. I flew on for joining ship on 11 june 2011 and came back India on 12th december 2011. Pls advice me weather i complete my NRI Status.and let me know for NRI how many days complete outside india and these two dates Which i shown ( Flying and Coming India) also considerable for counting of days.

    Regards
    omvir

    Reply

  13. J Singh Says:

    Hi I am working in merchant on foreign ship not registered in India as an officer and would like to know if my income is taxable in india and do i have to worry about completing NRI status in a FY as i am not a crew member of an Indian Ship

    Reply

  14. J Singh Says:

    Goodday Sir,

    Need urgent avdise from you, I am sailing as Capt on board foreign going ship and have maintained NRI status for last 7 consecutive. Presently I am sailing.
    For FY 2011/ 2012 I will be unable to maintain my NRI status due to shortage of about 6 days days. Do I need to pay tax for FY 2011/2012 or am I exampted for IT. Please advise me.
    Any special IT rules for foreign going seafarers.
    …. mentioned below are arrival and departure as stamped on passport and below my calculations of number of days i was out of country.
    DATE DEPARTED – DATE ARRIVED

    10-Oct-2003 28-Apr-2004
    13-Jul-2004 21-Jul-2004
    12-Aug-2004 6-Jan-2005
    18-Apr-2005 3-Nov-2005
    15-Apr-2006 19-Aug-2006
    23-Jan-2007 14-Jul-2007
    6-Oct-2007 13-Oct-2007
    20-Nov-2007 14-Mar-2008
    28-Jun-2008 4-Oct-2008
    4-Nov-2008 12-Nov-2008
    7-Jan-2009 25-Apr-2009
    17-Jun-2009 5-Oct-2009
    4-Feb-2010 23-Jun-2010
    24-Jun-2010 3-Jul-2010
    13-Sep-2010 27-Dec-2010
    11-May-2011 13-Aug-2011
    8-Jan-2012 TILL 30th March 2012 (minimum expected)

    From Fin Year To Fin Year Days out of Country
    01-Apr-04 30-Mar-05 183
    01-Apr-05 30-Mar-06 199
    01-Apr-06 30-Mar-07 192
    01-Apr-07 30-Mar-08 228
    01-Apr-08 30-Mar-09 189
    01-Apr-09 30-Mar-10 189
    01-Apr-10 30-Mar-11 199
    01-Apr-11 30-Mar-12 177 ( Till 30 Mar 2012)

    Is there any hope or any rule that can prevent me from being eligible for paying tax for FY11/12?
    Any rule that if I maintain NRI status for last 7 consecutive yrs I can be exempted for one year ? Any way out???

    Reply

  15. Aakash kumar Says:

    Sir,
    i am in merchant navy and i have completed my NRI status (more than 182 days) in FY 2011. I have NRE account in one of the leading private bank.
    How can i file my incom tax return.
    pls advise.
    Thanks

    Reply

  16. Sanjay Kumar Says:

    Dear Sir,
    Good day.

    I am working in Merchant Navy of foreign flag vessel.I need your advise regarding requirement of foreign days to maintain NRE status.My arrival and dep. date to join vessel in this financial year are as below -

    Departure date Arrival Date
    07th March,2011 07th June 2011-67 days excluding arrival day.
    06th Oct.,2011 26th Oct.,2012-19days excluding arrival and departure date.
    14th Nov. 2011 Still abroad

    I would like to get your advise on following matters-

    1.When I should come back to maintain NRE status.
    2.Wheather arrival and departure date will be counted as foreign days for tax purpose.
    3.What will be requirement of foreign days in this financial year(lip year 366 days)to maintain NRI status.

    I will be grateful to you for your support and advise.

    Thanks and Brgds,
    Sanjay

    Reply

  17. Sanjay Kumar Says:

    Dear Sir,
    Good day.

    I am working in Merchant Navy of foreign flag vessel.I need your advise regarding requirement of foreign days to maintain NRE status.My arrival and dep. date to join vessel in this financial year are as below -

    Departure date Arrival Date
    07th March,2011 07th June 2011-67 days excluding arrival day.
    06th Oct.,2011 26th Oct.,2012-19days excluding arrival and departure date.
    14th Nov. 2011 Still abroad

    I would like to get your advise on following matters-

    1.When I should come back to maintain NRE status.
    2.Wheather arrival and departure date will be counted as foreign days for tax purpose.
    3.What will be requirement of foreign days in this financial year(lip year 366 days)to maintain NRI status.

    I will be grateful to you for your support and advise.

    Thanks and Brgds,
    Sanjay

    Reply

  18. Himanshu Gupta Says:

    Please advise I am completing my NRI Status or not -

    Left India on: 28-07-2011
    Reach India on: 22-01-2012

    Left India on: 01-02-2012
    Reach India on: 06-02-2012

    Reply

  19. Himanshu Gupta Says:

    Please advise I am completing my NRI Status or not -

    Left India on: 28-07-2011
    Reach India on: 22-01-2012

    Left India on: 01-02-2012
    Reach India on: 06-02-2012

    Himanshu Gupta
    Kanpur

    Reply

  20. Nirmal Lodha Says:

    Good day sir
    Pls advise whether i will be completing nri status or not

    left india: 03-August-11
    returned india: 18-December-11

    left india: 15-February-12
    returned india: 31-March-12

    thanks and regards
    nirmal

    Reply

  21. Umang Johar Says:

    Dear Sir,

    I would like to know about my NRI status. I am working as a seafarer onboard foreign flag vessel. In the current financial year 2011-12 i was outside india for 153 days, but i have completed more than 365 days outside india in the preceding 4 years.
    Kindly advice about my nri status and my tax liabilty.

    Best Regards
    Umang.

    Reply

  22. k ganesan Says:

    my son is a marine officer in a foreign ship.all hia salary accrues outside india.he is on board the ship 5 months, and on shore for2.5 months for which period also he gets his salary from his employer.

    what is his liability and residenial status

    how it will be wnen he is on board 3 months and on leave for 3 months

    pl clarify

    ganesan

    Reply

  23. Gopalkrishna Says:

    Upto 182 days allowed to be considered as NRI under tax laws if one is employed outside even if the last 4 years exceed 375 days ( if can be proved due to medical treatment)

    Reply

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