An NRI is not automatically exempt from paying tax in India. An NRI is generally taxed in India on income that is received, deemed to be received, accrued or deemed to accrue in India.
Therefore, after determining how to become an NRI in India, you should also understand which Indian income remains taxable. The tax treatment depends on the nature and source of income, applicable tax provisions and the relevant tax treaty.
Taxable income for NRIs
Income earned or received in India may be taxable for an NRI. Common examples include:
Salary for services rendered in India
Rental income from property located in India
Capital gains from eligible Indian assets
Interest income from taxable investments or accounts
Income from a business or profession with a taxable connection to India
Income earned and received outside India is generally not taxable in India merely because an NRI transfers it to an Indian bank account later. However, the tax treatment can vary based on the nature of the income and the applicable provisions.
Tax on salary income
Salary income is generally taxable in India when the services are rendered in India, even if the salary is paid outside India.
However, taxability may differ in certain situations, including short-term employment and cases covered by a Double Taxation Avoidance Agreement (DTAA). The facts of employment and the relevant tax treaty should be considered.
Tax on rental income
Rental income from a property located in India is generally taxable in India, irrespective of where the rent is received.
NRIs may also be required to pay tax on such income according to the applicable income tax rules. Tax deduction at source may apply to rent paid to an NRI, and eligible deductions may be claimed when permitted under the tax law.
Tax on capital gains
Capital gains arising from the transfer of taxable capital assets in India may be taxable for an NRI. This can include gains from assets such as:
The tax treatment depends on factors such as the type of asset, holding period and applicable provisions. Certain NRIs may also have special provisions for investments made using foreign exchange assets.
A non-resident may also be eligible for applicable capital gains exemptions when the prescribed conditions are met.
Tax on interest income
The tax treatment of interest income depends on the type of bank account or investment.
For example, interest from an NRE account may qualify for tax exemption when the applicable conditions are satisfied. Other forms of interest income, including certain NRO account interest, may be taxable in India.
TDS may also apply to taxable interest paid to an NRI.
TDS rules for NRIs
Taxes may be deducted at source from certain payments made to NRIs, including specified interest, rent, capital gains and other taxable income.
The TDS rate depends on the type of income and the applicable provisions. In some situations, the rate available under a DTAA may be more beneficial than the rate under domestic tax law, subject to the fulfilment of applicable conditions.
An NRI may generally claim credit for eligible TDS while filing an income tax return.
Double Taxation Avoidance Agreement (DTAA)
The DTAA is relevant when the same income is taxable in India and another country. India has entered into tax treaties with several countries to help reduce or avoid double taxation.
Depending on the relevant treaty, an NRI may be able to:
Claim a lower tax rate on specified income
Claim tax credit in one country for taxes paid in the other
Claim other treaty benefits, subject to eligibility
To claim a beneficial DTAA rate, the taxpayer may need to provide documents such as a Tax Residency Certificate and other prescribed information.
The provisions of a DTAA can be used when they are more beneficial than the applicable domestic tax provisions, subject to eligibility and compliance requirements.
Tax deductions and exemptions
An NRI may be eligible for certain deductions and exemptions available under the Income-tax Act, depending on the applicable tax regime and nature of income.
However, the availability of deductions may differ for certain types of NRI investment income and capital gains covered by special tax provisions. The selected tax regime may also affect the deductions that can be claimed.
Income tax return filing for NRIs
An NRI may need to file an income tax return in India when their income is taxable in India and they meet the applicable filing requirements.
The appropriate ITR form depends on the nature of income. For example:
Certain exceptions from return filing may apply in specified situations where the NRI earns only particular categories of income and tax has been deducted as required.
Foreign tax credit
If the same income is taxed in India and another country, an NRI may be eligible to claim relief through a DTAA or foreign tax credit, depending on the circumstances.
The availability of such relief depends on the residential status, applicable treaty and taxes paid in the relevant country. Proper tax documentation is important when claiming foreign tax relief.
Choosing between normal and special NRI tax provisions
Certain Indian NRI taxpayers may be eligible for the special tax provisions applicable to specified income from foreign exchange assets. These provisions may offer concessional tax treatment in certain situations.
However, NRIs may need to compare the special provisions with the normal tax rules before determining the appropriate treatment. The applicable option depends on the nature of income, investment and other conditions.