What will be tax residence status of a USA citizen who has been living in India for a few years and moved back to USA in FY 2021/22 and lived in USA for 10 months in USA between Apr 1 2021 to March 31 2022 ?
.Moved to India in FY 2013/14 and lived in India until Jun3 2022, Was a non resident FROM fy 2001/02 to FY 2012/13 ( lived in USA all those years ) and non resident also in FY 2021/22 ( lived 10 months in USA, moved back to USA ). So 2 years in the last 10 financial years have been as non resident. Will this suffice to quality for a RNOR status in India for AY 20 ?
Do they have to show their foreign income, foreign assets and foreign financial accounts in India for ay 2022/23 an RNOR ?
23 July 2022
No. The condition of RNOR are not met....
One who is an Indian Resident with any of the two conditions mentioned above as met, AND, Has NRI Status for 9 out of 10 years before the year concerned, OR, Has been in India for a maximum of 729 days in the 7 years before the year concerned
23 July 2022
Dhirajlal sir - I'm a bit confused. "Has been in India for a maximum of 729 days in the 7 years before the year concerned'.
A. Year concerned = AY 2022/23 7 YEARS before AY 2022/23 will b from AY 2015/16 to AY 2021/22. This condition is met since the stay is much more than 729 days, and the below resident condition is is also met:
B Stay in India for at least 365 days* during the 4 years preceding that year AND at least 60 days* in that year, since the move to USA happened in June 2022.
Both A and B conditions are met, so that why would the person in question not qualify as RNOR ?
23 July 2022
A. The condition is maximum 729 days.... NOT MORE then 729 days... B. That is not the condition for RNOR but for Resident... Resident can be ROR or RNOR. As he is not RNOR, he is ROR...
Number of days in Inida: less than 182 Income in India: less than 15 lakhs If PIO then even if the income is more than 15 lakhs, the status is showing as non resident.
25 July 2022
Correct. For less than 182 days is first condition but there is another condition to be checked, i.e. Stay in India for the immediately 4 preceding years is 365 days or more and 60 days or more in the relevant financial year... As per that he doesn't qualify.
CAclubindia
