1. Determination Of Residential Status Flashcards
Residential status
- Ordinary resident
- Not ordinary resident
- Non- resident
- Deemed resident
Individuals
No. Of days stay in india-
any one conditions
1) total of 182 days or more- in previous yr
2) 60 days in previous yr + atleast 365 days in 4 yrs
Satisfy both additional conditions- ordinary resident Otherwise not ordinary resident
Additional conditions
- Resident for 2 yrs out of 10 p.y immediately preceeding the current P.y
- 730 days for 7 p.y immediately preceeding the current P.Y
Only 1st basis conditions applicable for
- Indian citizens with foreign employment
- Indian citizens in indian crew ship (CDC)
- Citizens/ Indian origin- visiting
<182 days then > 15 lakhs Indian income - Indian citizens not covered in any other country
120 days in P.Y
+
365 days in 4 p.y immediately Preceeding current p.y
Section 5 scope of income
Indian income - received/ accrued in India
Foreign income - received & accrued o/s India
ROR
Global
Indian income + Foreign income taxable
RBNOR
Indian income
&
Foreign income from business controlled or profession setup in india
Non resident
Only Indian income
HUF
Resident status based on where the control & management was
- wholly or partly in india - resident
- wholly o/s India- Non resident
ROR & RBNOR based on karta satisfying the additional conditions
Company
Indian Co. Registered in India- resident
Foreign co. - POEM- In India- resident
O/s India- non resident
Deemed resident
4 conditions
- Must be Indian citizen
- Must not satisfy the basic conditions
- Income >15 lakhs other than foreign income
- Such income was not taxed in any other country
Deemed resident will always be RBNOR