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Sunday, Jun 06, 2004

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One-way ticket back home

T. Banusekar

I HAVE been in Europe for the past three years and eight months and I am planning to return to India now.

Will I be treated as a resident but not ordinarily resident under the Income-Tax Act?

If I keep the funds I bring into India under the RFC (resident foreign currency) account, will the interest thereon be taxed in India?

Isabel

Reply

You would not be treated as resident but not ordinarily resident (RNOR) but as resident and ordinarily resident (ROR) under the Income-Tax Act. Since you are treated as an ROR under the I-T Act, your interest from the RFC account will be treated as taxable in India and will not qualify for any exemption.

Under Section 6 of the I-T Act, an individual is resident in India if he satisfies any one of the following conditions:

  • Is in India for 182 days or more in the previous year.

  • Is in India for 60 days (182 days if he leaves India to take up employment outside India if he is a citizen of India or being outside India comes to India on visit if he is a citizen of India or a person of Indian origin) or more in the previous year and for 365 days or more in the four years preceding the previous year.

    He is an RNOR if he satisfies any of the following conditions:

  • Is a non-resident in nine out of the 10 years preceding the previous year; or

  • Is in India for 729 days or less in the seven years preceding the previous year.

    An individual is an ROR if he does not satisfy both of the immediately preceding two conditions. An individual who is not a resident would be a non-resident.

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