How to find NRI status?

August 21, 2009

Non Resident Indian(NRI)

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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152 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

    • srinivas Says:

      i have stayed outside india for 156 days only in the financial year 2012 – 2013. What percentage of my earnings need to be paid as tax and when? Is it necessary to pay tax before 31.03.2012 ?

      Reply

    • srinivas Says:

      i have stayed outside india for 156 days only in the financial year 2012 – 2013. What percentage of my earnings need to be paid as tax and when? Is it necessary to pay tax before 31.03.2013 ?

      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

  24. Ahsan Says:

    Dear Sir, I have migrated to Canada and left India on the 6th of September, 2011 and will go back to India only for holidays which would be about 3 weeks a year. Prior to that I was in India all the time. Kindly let me know if I am a NRI or resident Indian.

    Thanks.

    Reply

    • krishnas Says:

      Hello Ahsan,

      For the financial year 2011, you are not NRI because you have stayed in India for more than 182 days. In the current financial year, if you stay less than 182 days in India, then you will be considered as NRI.

      Thanks,
      Krishna

      Reply

      • Ahsan Says:

        I was outside India for more than 182 days in FY 2011-12. Sept 6 to mar 31…200 days plus outside India

        Reply

  25. Shashi kurup Says:

    I have initiated my own Business with China and also executed “Overseas Trade Partner” agreements with a few reputed companies in China. My business would require me to stay for about 20-25 days in China and 30 days in India in repeated succession and thereby my total stay(not in a single stretch) would be approx 5 months in China and 7 months in India. My Business would involve working with multiple sellers from China and multiple buyers from India and my income would be generated mainly as commissions from the Chinese suppliers.

    I need to know the following:
    1) Could I acquire a NRI status
    2) Since most of my income would be generated in China, by way of commissions, would I be liable to be taxed in India as I would be paying my taxes in China. Also how much of income could I carry or remit by TT or RTGS from my Bank a/c in China to my bank a/c in India per annum.

    Thanks SK

    Reply

  26. Bhuvnesh Says:

    Hi,
    If i spend less than 182 days in a financial year, am labelled as NRI. Is there any more condition applied to this statement? What document income tax department need other than form-16 to prove NRI status?

    Reply

  27. Bhuvnesh Says:

    Dear Sir,
    I came to Dubai on 1st April,2012 for the first time on employment. Since then I have stayed here. Prior to 1st April’2012, I had never gone out of India .All the past years, I had stayed in India only. I am scheduled to come back to India on October 31, 2012. Do i have the NRI status(as per income tax rules) for the financial year 2012-13 as I have stayed for less than 182 days in India for Financial year 2012-13. 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? Or tell me if I have to stay more to get NRI status.
    Regards

    Reply

  28. Joy Lobo Says:

    I am working in Australia for a construction private company…My leave rotation is 3 months 2weeks….
    Am I resident of India or NRI…
    Thanks

    Reply

  29. daniel Says:

    sir i am studying in ukraine from last one year. i came to india on july 1st and i am leaving india on spet 1st again. i will be staying abroad for the next 4 years also. am i an nri?

    Reply

  30. Christopher DKJ Says:

    Sir,

    I am working at Jeddah, KSA for the Govt. However,I was contracted by an Indian Company for employment in a Saudi Company which in turn has deputed me to the Govt.this arrangement being done to circumvent KSA rule for employment. My contract said, I will be paid in KSA in Riyals. But now I am being paid by the Contracting Indian company, after cutting TDS. My contract is for a period of 1 yr.

    Is this correct on the contracting company? How do I solve the TDS and tax issues?

    Reply

  31. n rai Says:

    I have just joined the merchant navy in a foreign company.Will I be termed as NRI or resident indian.I stay out of indian for atleast 183 days in a F.Y

    Reply

  32. swapnil Says:

    Hi
    Sir is departure / arrival dates calculated in side India or out side of India?

    Reply

  33. Gopal Says:

    Hi Krishna,
    For Returning NRIs on health grounds( if he has not decided to move the residence ) and supposte his stay exceeded 182 days What is the time limit for an NRI (under FEMA) to notify and convert his Bank accounts

    Reply

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    Reply

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