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.
An individual shall be deemed to be a non-resident
in following cases:
- 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.
- When he goes or stays outside India for any
of the following purposes:
- For or on taking up employment outside
- For carrying on outside India a
business or vocation outside India, or
- 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
An individual is treated to be not ordinarily
resident in India in any previous year if he
Thus according to condition in clause (a) a
newcomer to India would remain ‘not ordinarily resident’ in India for the first
9 years of his stay in India. Similarly, in case where a person who is resident
in India goes abroad and ceases to be a resident in India for atleast 2 years,
he shall, on his return, be treated as not ordinarily resident for the next 9
- Has been a non-resident in India in 9 out
of the 10 previous years preceding the previous year or
- 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’?
The term PIO is defined as:
'a Person of Indian Origin' means an individual (not being a citizen of Pakistan
or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan)
- at any time, held an Indian Passport or
- 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).