Non -resident tax filing

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

10 August 2012 A US citizen who a)has permanent home in USA b) Has vital interests in USA c) stays 185 days in USA and d) has zero India income. Also this person plans to stay 180 days per year in India for many years. At some point he will become a tax resident of India. Can this person continue not file India tax because the provisions of tax treaty entitles him to be non-resident of India.Or, if he is required to file, can he exclude all his global income.
If this issue came up, will IT likely to resolve it quickly or will resolution take years and court case? I know it is a loaded question--but answer whatever you can.Is there a past case on these lines

Amol S Joglekar

Amol S Joglekar (Expert)
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20 August 2012 maintaining the stay of 180 days in India will at the most make him NOT ORDINARILY RESIDENT. The income outside INDIA rank pari pasu (same footing) as that of NON RESIDENT. I do not think there will be any problem... unless the Indian Income tax is dramatically and radically changed. With current provisions, he/she need not worry for the income outside India to be taxed in India.