How is a pupil’s resident standing determined?
My son left for the UK within the first week of October for greater research and won’t return to India until October subsequent 12 months. What can be his resident standing and when ought to he declare his NRI standing to the financial institution? Which different monetary establishments have to be knowledgeable of his NRI standing?
—Name withheld on request
Under the revenue tax legislation, residential standing is decided based mostly on the bodily presence of a person in India. If the person satisfies any of the fundamental circumstances talked about under, the person would qualify as a ‘Resident’; in any other case would qualify as a ‘Non-Resident’.
Basic circumstances: (a) bodily presence in India throughout the related FY is 182 days or extra; or (b) bodily presence in India throughout the related FY is 60 days or extra and 12 months or extra within the previous 4 FYs. (c) a person, being a citizen of India, having a complete revenue, apart from revenue from international sources, exceeding ₹15 lakh throughout the related FY, if he’s not liable to tax in every other nation.
Your son, who has been bodily current in India for 182 days or extra throughout FY 2022-23, until 30 September 2022, will qualify as a ‘resident’ of India for FY2022-23. Further, as soon as he returns to India in October 2023 and assuming he doesn’t journey outdoors India, he could be bodily current in India for 60 days or extra throughout the FY2023-24 and 12 months or extra within the previous 4 FYs. In such a case, he would qualify as a ‘resident’ of India for FY24 as properly.
The guidelines for the willpower of residential standing underneath the change management legislation are completely different from that underneath the revenue tax legislation.
Under the change management legislation, when an individual leaves India for the aim of employment, enterprise or every other objective indicating his intention to remain outdoors India for an unsure interval, he could also be thought of a “individual resident outdoors India“.
As your son is just not leaving India for any such cause, the residential standing underneath the change management legislation is not going to change and stay as “individual resident in India”. In such circumstances, there isn’t a requirement to vary the standing in financial institution accounts, mutual funds, demat, and many others.
Sonu Iyer is tax associate and folks advisory providers chief, EY India.
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