an nri who crosses the day threshold becomes a resident for tax purposes. once that happens, global income enters the indian tax net. for someone with foreign salary, overseas investments, or rental income abroad, that shift changes the tax calculation entirely.
the rules are based on day counts. the thresholds vary depending on income levels, citizenship, and whether the person is visiting or returning.
the basic rule: 182 days
the income tax act sets a straightforward test. a person who stays in india for 182 days or more in a financial year is a resident.
a second condition applies. a person who stays 60 days or more in the current year and 365 days or more across the previous four years also qualifies as a resident. this captures individuals who spend significant time in india over multiple years.
for nris, the 182-day threshold is the primary consideration. a stay of 181 days or fewer generally preserves nri status.
the 120-day rule for high-income visitors
the finance act 2020 introduced a tighter threshold for a specific group. indian citizens and persons of indian origin visiting india with indian income above ₹15 lakh face a 120-day limit.
crossing that threshold results in resident but not ordinarily resident (rnor) status. this is not full residency. it is also not nri status.
the provision applies to those earning substantial income from indian sources while claiming nri status. the 120-day rule ensures that high-income visitors remain within the tax framework.
deemed residency: zero days still makes a person resident
another provision catches individuals who spend no time in india at all. indian citizens with income above ₹15 lakh from indian sources who are not liable to tax in any other country are deemed residents.
this means a person living in a zero-tax jurisdiction such as the uae could be treated as an indian resident even with zero days in india. the classification is rnor, but the tax implications apply.
the rule was designed to prevent tax avoidance through relocation to countries with no income tax.
rnor: the middle ground
between nri and full resident sits rnor. this status applies to individuals who are technically residents but have not spent enough time in india to be fully integrated.
an individual is rnor if they were non-resident in 9 of the last 10 years, or if their stay in india was 729 days or less in the last 7 years. the 120-day rule and deemed residency provisions also lead to rnor status.
under rnor, only indian income is taxed. foreign income remains outside the net unless it comes from a business controlled in india. this is the transitional status for returning nris.
how days are counted
the counting is not as straightforward as it appears. even part of a day spent in india counts as a full day. travel days, arrival and departure, all count.
tax authorities rely on passport stamps. the itat has ruled that physical presence is determinative, not intention or domicile. the binny bansal case showed that a person who relocated to singapore but spent substantial time in india was held to be a resident because the day count and economic ties pointed that way.
fema vs income tax: two different rules
fema and income tax law define residency differently.
under fema, a person resident in india is someone who stayed more than 182 days in the preceding financial year and came to india for employment, business, or with the intention of staying for an uncertain period. a person leaving india for employment is excluded from resident status.
under income tax, the tests are based on day counts and income thresholds. this mismatch can create confusion. a person could be nri under fema but resident under income tax, or vice versa.
what this means for retail investors
for retail investors with nri status, the day count affects how investments are treated.
nre accounts remain tax-free for interest as long as the holder is nri or rnor. once the status becomes ror, that exemption ends. nro accounts have different rules. foreign assets must be reported in schedule fa once the status becomes ror.
for those returning to india, the first year is the most error-prone. residential status can shift mid-year. income overlaps across geographies. reporting requirements expand even when no tax is payable.
for most nris, the 182-day limit is the line to watch. a stay of 181 days or fewer preserves nri status.
for those with indian income above ₹15 lakh, the line moves to 120 days. for those in zero-tax jurisdictions, deemed residency applies regardless of days.
the rnor window provides a transition. it allows returning nris to keep foreign income outside the indian tax net for a few years. once that window closes, global income becomes taxable.
the rules are not intuitive. they require careful tracking. and they change based on circumstances that many people do not realise apply to them.
faqs
1. how many days can an nri stay in india without losing nri status?
generally, up to 181 days in a financial year. a stay of 182 days or more results in resident status. for indian citizens or persons of indian origin with indian income above ₹15 lakh, the threshold is 120 days.
2. what is the 120-day rule for nris?
indian citizens and persons of indian origin visiting india with income above ₹15 lakh from indian sources are treated as rnor if the stay is 120 days or more but less than 182 days.
3. what is deemed residency under section 6(1a)?
an indian citizen with income above ₹15 lakh from indian sources who is not liable to tax in any other country is deemed a resident of india, even with zero days spent in india. the classification is rnor.
4. what is the difference between nri, rnor, and ror?
nri: non-resident, taxed only on indian income. rnor: resident but not ordinarily resident, taxed on indian income and foreign income only if from a business controlled in india. ror: resident and ordinarily resident, taxed on global income.
5. does fema define nri status the same way as income tax?
no. fema residency requires both 182+ days in the preceding financial year and an intention to stay for an uncertain period, with exclusions for employment abroad. income tax uses day-count and income-based tests. the two can produce different results.
