Income Tax filing: Do NRIs need to file ITR if they have no income in India?
Non-resident Indians (NRIs) are required to file Income Tax Returns (ITRs) if their income in India exceeds ₹2.5-3 lakhs, facing penalties, including potential imprisonment, for non-compliance. Exceptions apply if NRIs have no income in India, yet...
By ET Online |
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A person living abroad for most of the year but holding Indian citizenship is termed an NRI (Non-resident Indian). Typically, NRIs spend less than 182 days in India during a financial year. They play a crucial role in the Indian economy and maintain various financial ties with their home country.
Mandatory Income Tax Filing for NRIs
NRIs are generally not required to file Income Tax Returns (ITRs) solely based on their non-resident status. However, they must file if they meet certain income thresholds:
Old Tax Regime (optional): NRIs must file ITR if their total income in India exceeds ₹2.5 lakhs in a financial year.
New Tax Regime (introduced in 2020): NRIs opting for this regime must file ITR if their total income in India exceeds ₹3 lakhs in a financial year.
What happens if no ITR is filed?
Failure to file Income Tax Returns (ITR) when required can lead to serious consequences under Indian tax laws. Tax authorities may interpret non-filing as an attempt to evade taxes. The penalties under Section 276CC of the Income Tax Act include imprisonment ranging from six months to seven years, along with monetary fines.
Exemption from ITR Filing for NRIs with No Income in India
If an NRI has no income sourced from India, they are generally exempt from mandatory ITR filing. This includes income such as salaries earned abroad, business profits outside India, and rental income from foreign properties.
Benefits of Voluntary ITR Filing (Even with No Income)
Despite no Indian income, filing an ITR can be advantageous for NRIs in certain situations:
Claiming Tax Refunds for TDS: NRIs might have had Tax Deducted at Source (TDS) on payments like interest on bank deposits or rental income in India. Filing an ITR enables them to claim refunds for excess TDS deducted.
Carrying Forward Capital Losses: If an NRI incurs capital losses from investments or asset sales in India, filing an ITR allows them to carry forward these losses to offset against future capital gains, potentially reducing tax liability.
Documentation for Visa or Loan Applications: Some foreign authorities, financial institutions, or scholarship programs may require ITR as proof of financial status. Filing an ITR, even with no income, demonstrates tax compliance and can expedite these applications.
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Additional Scenarios Requiring ITR Filing for NRIs
NRIs may need to file ITR even if their income is below the threshold due to specific financial activities in India:
High-Value Deposits: Certain thresholds for deposits in savings or current accounts with Indian banks necessitate ITR filing.
Tax Deductions (TDS/TCS): If TDS or Tax Collected at Source (TCS) exceeds ₹25,000 on income received in India, filing an ITR is mandatory.
Travel Expenditure: NRIs spending over ₹2 lakh from their Indian bank accounts on travel (excluding specific neighboring countries and pilgrimage destinations) must file an ITR.
What is the 4-year rule of NRI?
Under the Foreign Exchange Management Act (FEMA), the "4-year rule" determines the residency status of individuals of Indian origin:
Resident Indian: An individual qualifies as a Resident Indian if they have resided in India for at least 60 days in the preceding year and at least 365 days in the preceding four years.
Non-Resident Indian (NRI): Conversely, if an individual does not meet the above criteria, they are classified as an NRI.
What happens if you don't declare NRI status?
According to FEMA guidelines, there is no penalty for failing to declare your NRI status. However, it is mandatory to promptly close your current and savings accounts held in India or convert them into Non-Resident Ordinary (NRO) savings accounts upon becoming an NRI.
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Consulting a tax professional specializing in NRI taxation is crucial to ensure compliance with tax regulations based on specific financial activities and income sources in India. This approach helps avoid penalties for non-compliance and maximizes benefits under Indian tax laws.
How to file income tax returns: A step-by-step guide for NRIs
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Every financial year, NRIs must first ascertain their residential status.
According to the Income Tax Act of 1961, a non-resident Indian who travels to India or an Indian citizen who leaves the country for work may stay in the country for up to 181 days without losing their non-residential status.
According to the Income Tax Act, 1961, a person would be regarded as a resident of India for any prior year if any of the following criteria are met:
If the individual spent 182 days or more in India the year before, or if the individual spent 60 days or more in India the year before and 365 days or more in the four years that directly preceded the prior year. If a person does not meet the aforementioned requirements, they will be considered non-resident for that particular year.
Every financial year, NRIs must first ascertain their residential status.According to the Income Tax Act of 1961, a non-resident Indian who travels to India or an Indian citizen who leaves the countr..
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The TDS offset or input tax that you paid on your income tax return (ITR) or tax return must be reconciled and compared to the TDS offset or input tax that is displayed on Form 26AS in the second phase.
The TDS offset or input tax that you paid on your income tax return (ITR) or tax return must be reconciled and compared to the TDS offset or input tax that is displayed on Form 26AS in the second pha..
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This phase would involve figuring out how much taxable income you have to pay back as an NRI. This could include interest on bank accounts kept in India, rent on home property, capital gains from shares owned in India, etc.
Keep in mind that this income can be decreased by properly claiming deductions under several parts of the Income Tax Act.
Next, determine your tax burden using the individual income tax slab rates.
This phase would involve figuring out how much taxable income you have to pay back as an NRI. This could include interest on bank accounts kept in India, rent on home property, capital gains from sha..
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If your income is considered taxable in both India and a foreign country, you may be eligible for a tax reduction known as the Double Taxation Avoidance Agreement (DTAA).
Keep in mind that the relief is provided based on the kind of income.
It's important to remember that even in cases where the DTAA does not apply to your income, you will still be required to pay taxes in India and, if applicable, deduct the tax credit from your resident country's liability.
If your income is considered taxable in both India and a foreign country, you may be eligible for a tax reduction known as the Double Taxation Avoidance Agreement (DTAA).Keep in mind that the relief ..
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According to income tax regulations, non-resident Indians must file returns in ITR 2 starting with the 2017–18 fiscal year, with the exception of commercial income.
Indian non-residents who receive business income are required to file an ITR 3 income tax return.
NRIs can no longer file ITR 1.
Additionally, ascertain and declare any exempt income, such as dividends, tax-free bond interest, LTCG received on listed securities, interest on NRE / FCNR deposits, etc.
Recall that the Exempt Income schedule does not apply to this.
According to income tax regulations, non-resident Indians must file returns in ITR 2 starting with the 2017–18 fiscal year, with the exception of commercial income.Indian non-residents who receive bu..
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The information of one overseas bank account may be needed for all such Non-resident Indians (NRIs) claiming an income tax refund who do not have a bank account in India in order for the tax refund to be issued.
You won't be required to provide the details of your international bank account, though, if you have an Indian bank account and are either not claiming a tax refund or are claiming one.
The information of one overseas bank account may be needed for all such Non-resident Indians (NRIs) claiming an income tax refund who do not have a bank account in India in order for the tax refund t..
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You would have to fulfill one last need, which is to provide information about your assets and liabilities, right before the last step.
If your total income exceeds Rs 50 lakh, you will have to provide details about your assets, both immovable and moveable, that are located in India. Along with it, you have to include information in your tax filings concerning your liabilities.
You would have to fulfill one last need, which is to provide information about your assets and liabilities, right before the last step.If your total income exceeds Rs 50 lakh, you will have to provid..
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You have 120 days from the time you upload your ITR until the time you verify it in this last stage.
The returns will be considered invalid if they are not confirmed. The possibility of the income tax returns never being filed even exists.
Note: In India, e-verification can be completed with a net banking account. However, a physical verification can be carried out by mailing an ITR V that has been properly signed to the Income-tax CPC in Bengaluru.
You have 120 days from the time you upload your ITR until the time you verify it in this last stage.The returns will be considered invalid if they are not confirmed. The possibility of the income tax..