NRI Tax Specialists

NRI Taxation Services

Helping Non-Resident Indians navigate their Indian tax obligations with confidence. From ITR filing and capital gains to DTAA claims and repatriation — we handle it all, remotely and end-to-end.

Who Qualifies as an NRI?

Your tax liability in India depends entirely on your residential status under the Income Tax Act. Getting this determination right is the first and most critical step.

Section 6 — Residential Status Rules

Under Section 6 of the Income Tax Act, 1961, an individual is considered a Resident in India if they satisfy either of the following conditions during the relevant previous year:

  • 182-Day Rule: The individual has been in India for a period of 182 days or more during the previous year.
  • 60-Day Rule: The individual has been in India for 60 days or more during the previous year AND 365 days or more during the four years immediately preceding the previous year.

If neither condition is met, the individual is classified as a Non-Resident Indian (NRI) for that financial year.

Special Exception to the 60-Day Rule

For Indian citizens who leave India for employment abroad, or for Indian citizens / persons of Indian origin who visit India during the year, the 60-day threshold is extended to 182 days. This means they only need to satisfy the first condition (182-day rule) to become a Resident.

Resident but Not Ordinarily Resident (RNOR)

A person who qualifies as a Resident may still be classified as RNOR if they have been a Non-Resident in 9 out of the 10 preceding previous years, or have been in India for 729 days or less during the 7 preceding previous years. RNOR status offers a middle ground — such individuals are taxed similarly to NRIs on foreign income.

Deemed Resident Provisions

From AY 2021-22 onwards, an Indian citizen whose total income (other than foreign sources) exceeds Rs. 15 lakh and who is not liable to tax in any other country shall be deemed a Resident of India. This provision was introduced to address cases of stateless income and primarily affects individuals who structure their affairs to avoid tax residency in any jurisdiction.

Services for NRIs

Comprehensive tax and compliance services tailored for Non-Resident Indians, handled entirely through remote communication.

01

ITR Filing for NRIs

Accurate preparation and filing of ITR-2 and ITR-3 for NRIs with Indian income sources including salary arrears, house property, capital gains, and other income. We ensure correct schedule FA (foreign assets) reporting and claim all eligible deductions.

ITR-2 / ITR-3
02

Capital Gains on Property Sale

End-to-end advisory on long-term and short-term capital gains arising from sale of immovable property in India. Guidance on exemptions under Section 54 and Section 54EC, TDS obligations under Section 195, and application for lower deduction certificates.

Section 54 / 54EC / 195
03

Rental Income Taxation and TDS

Structuring rental income declarations, ensuring correct TDS deduction by tenants under Section 195, filing quarterly TDS returns, and claiming standard deduction and interest on housing loan for let-out property.

TDS Compliance
04

DTAA Benefits and Tax Credit Claims

Leveraging Double Taxation Avoidance Agreements between India and your country of residence. We ensure you claim the correct treaty benefits, file Form 67 for foreign tax credit, and avoid paying tax twice on the same income.

DTAA / Form 67
05

NRO / NRE Account Advisory

Guidance on tax implications of NRO and NRE accounts, TDS on NRO interest income, optimising account structures, and ensuring compliance with FEMA regulations governing these accounts.

Banking Advisory
06

Repatriation of Funds

Complete assistance with Form 15CA and Form 15CB certification for repatriation of funds from India. We handle the CA certificate, ensure proper tax payment before remittance, and coordinate with your bank for smooth processing.

Form 15CA / 15CB
07

FEMA Compliance

Advisory on compliance with the Foreign Exchange Management Act for NRIs, including permissible transactions, property purchase and sale regulations, investment limits, and reporting obligations to the Reserve Bank of India.

RBI / FEMA
08

Tax Planning for Returning NRIs

Strategic planning for NRIs planning to relocate back to India. Includes timing of return for optimal residential status, restructuring foreign assets, RNOR period planning, and transition of NRE/NRO accounts to resident accounts.

Relocation Advisory

Common NRI Tax Situations

These are the situations we handle most frequently for our NRI clients. If yours matches any of these, we already have the process and expertise in place.

Scenario 01

Selling Property in India

The buyer is required to deduct TDS at 20% (plus surcharge and cess) on the sale consideration for long-term capital gains. We help you apply for a lower TDS certificate under Section 197, compute the correct capital gains after indexation, and claim exemptions under Section 54 or 54EC to reduce or eliminate the tax liability.

Scenario 02

Rental Income from Indian Property

Tenants paying rent to an NRI landlord must deduct TDS at 30% (plus applicable surcharge and cess) under Section 195. We assist with obtaining a lower TDS certificate, filing quarterly TDS returns on behalf of the tenant, and ensuring correct income declaration in your ITR with all admissible deductions.

Scenario 03

Capital Gains on Mutual Funds and Stocks

NRIs are subject to TDS on redemption of mutual funds and sale of listed/unlisted securities. We handle the computation of short-term and long-term capital gains, ensure correct TDS is deducted by the fund house or broker, and file the return to claim refund of any excess TDS deducted.

Scenario 04

Receiving Inheritance in India

While inheritance itself is not taxable in India, the income earned on inherited assets (rent, interest, dividends) and capital gains on subsequent sale are fully taxable. We advise on the tax treatment of inherited assets, cost of acquisition for capital gains computation, and repatriation of inherited funds.

Scenario 05

Planning to Return to India

The transition from NRI to Resident status has significant tax implications. During the RNOR period (typically 2-3 years), your foreign income remains non-taxable in India. We help you time your return, restructure investments, convert NRE/NRO accounts appropriately, and create a multi-year tax plan to minimise the impact of becoming a Resident taxpayer.

Why NRIs Choose Tax Pandey

We have built our NRI practice around the specific challenges of managing Indian tax obligations from abroad.

Remote-Friendly Consultations

Everything is handled over WhatsApp, email, and video calls. No need to visit India or coordinate across inconvenient time zones. We accommodate your schedule regardless of where you are based.

DTAA Expertise

We have working knowledge of Double Taxation Avoidance Agreements with major jurisdictions including the USA, UK, UAE, Canada, Australia, and Singapore. Correct treaty application can significantly reduce your effective tax rate.

End-to-End Service

From residential status determination and ITR filing to TDS management, Form 15CA/15CB certification, and final repatriation — we handle the complete lifecycle. One firm, one point of contact, no loose ends.

Proactive TDS Management

We do not wait for problems to surface. We proactively apply for lower TDS certificates under Section 197, coordinate with buyers and tenants on correct deduction, and track refunds to ensure you are never overtaxed.

NRI Tax Query? Let's Talk

Whether you need to file your Indian ITR, sell a property, claim DTAA benefits, or plan your return to India — reach out for a focused consultation with CA Kuldeep Pandey.

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