NRI: RESIDENTIAL STATUS

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Who is an NRI?

Section 2(w) of FEMA, 1999 defines a ‘person resident outside India’ as a person who is not resident in India.

1. When he stays in India for less than or upto 182 days during the preceding financial year. The period of stay may not be ‘continuous’ and the same shall be calculated by adding up the days of his stay in India during that financial year. Thus a student who goes for studies abroad and his stay in India during a financial year is less than 182 days, then he shall be treated as non-resident Indian for the next financial year. Similarly, tourists and all others who have gone out of India without the purpose of taking up employment or starting any business abroad, shall be treated as non-residents if, their stay in India during the preceding financial year was less than or upto 182 days.
    
2. When he goes or stays outside India for any of the following purposes:
   1. For or on taking up employment outside India, or
   2. For carrying on outside India a business or vocation outside India, or
   3. For any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period.
   
   In such cases, the person becomes a ‘non-resident’ irrespective of the period of his stay in India. It is pertinent to note here that while the period of his stay in India shall be reckoned for the preceding financial year, the event of going or staying abroad for any of the aforesaid purposes shall be reckoned for the current financial year.

2. Who is Resident but not ordinarily resident (RNOR)?

1. Has been a non-resident in India in 9 out of the 10 previous years preceding the previous year or
2. Has during the seven previous years preceding that year, been in India for a period of or periods amounting in all to 729 days or less.

3. Who is a ‘PIO’?

1. at any time, held an Indian Passport or
2. who or either of whose father or mother or whose grandfather or grandmother was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955).