Confirmation of NRI status of a seller
This query is : Resolved
22 September 2024
Hi ,
I am buying a property which is not yet registered in name of seller. The seller says he moved to US just 2 months back . Last itr 1 was filed by seller which is shared to me.How do i ensure and what documents I need to ensure the nri status
I am buying a property which is not yet registered in name of seller. The seller says he moved to US just 2 months back . Last itr 1 was filed by seller which is shared to me.How do i ensure and what documents I need to ensure the nri status
22 September 2024
Let him procure lower deduction certificate from his jurisdictional ITO.
23 September 2024
if he just moved two months back, then he is not a NRI yet.
23 September 2024
One of our client stayed less then 180 days in India in FY 2023-24, went for job in UK. We recently filed her ITR as NRI.
23 September 2024
Sir, I cannot congratulate you for a wrong filing.
23 September 2024
As per second condition of Sec. 6 IT act, our team is correct.
23 September 2024
if she stayed less than 180 days in india in FY 2023-24 , she should be considered an NRI right?
23 September 2024
In my case the seller is saying she moved 2 months back only, and the property is not even registered in her name yet ..so here the builder should still be the owner and there will be a tri party agreement between seller builder and buyer….how do I ensure she is not lying about the NRI status and protect my self against any future legal issues on the TDS part
23 September 2024
When an individual is said to be 'Resident' in India ?
An individual is said to be resident in India if he satisfies any one of the following two conditions:
He is in India for a period or periods amounting in all to 182 days or more in the relevant previous year;
OR
He is in India for 60 days or more during the relevant previous year and has been in India for 365 days or more during 4 previous years immediately preceding the relevant previous year.
Exceptions/Concession: There are two exceptions/concession to the above rule:
In case of an individual, who is a citizen of India and who leaves India in any previous year for the purposes of employment outside India, the condition No. 2 supra (mentioned above) shall not be applicable for the relevant previous year in which he leaves India.
In other words, for that particular previous year in which he leaves India for the purposes of employment outside India he shall be called resident only when he satisfies the condition No. 1 mentioned above.
Similarly in case of an individual who is a citizen of India and who leaves India in any previous year as a member of the crew of an Indian ship, the condition No. 2 supra shall not be applicable.
An individual is said to be resident in India if he satisfies any one of the following two conditions:
He is in India for a period or periods amounting in all to 182 days or more in the relevant previous year;
OR
He is in India for 60 days or more during the relevant previous year and has been in India for 365 days or more during 4 previous years immediately preceding the relevant previous year.
Exceptions/Concession: There are two exceptions/concession to the above rule:
In case of an individual, who is a citizen of India and who leaves India in any previous year for the purposes of employment outside India, the condition No. 2 supra (mentioned above) shall not be applicable for the relevant previous year in which he leaves India.
In other words, for that particular previous year in which he leaves India for the purposes of employment outside India he shall be called resident only when he satisfies the condition No. 1 mentioned above.
Similarly in case of an individual who is a citizen of India and who leaves India in any previous year as a member of the crew of an Indian ship, the condition No. 2 supra shall not be applicable.
23 September 2024
thanks for clarification.
23 September 2024
You are welcome.
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