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According to the Income Tax Act, 1961, the residential status of a person is one of the important criteria in determining the tax implications. The residential status of a person can be categorised into Resident and Ordinarily Resident (ROR), Resident but Not Ordinarily Resident (RNOR) and Non- Resident (NR).
Let us understand how a residential status of the person can be identified
A resident taxpayer is an individual who satisfies any one of the following conditions:
For example, consider the case of Mr. D, who is business head for Asia Pacific regions for a private firm. Mr. D was born and brought up in India. He has to travel to various locations of the continent for business purposes. He has spent 200 days travelling in the current financial year. Also, he has been travelling abroad from the past two years and has stayed out of India for about 400 days in this period.
Let us evaluate whether Mr. D was resident in India for the current financial year.
To figure out the resident status of Mr. D, you will understand that he has only spent 165 days in India during the current financial year. Hence, he does not satisfy the first condition.
However, It is given that Mr. D has been travelling only from the past two years. Also, it is said that he has travelled for 400 days in the past two years. That means, in the past four years, Mr. D has stayed in India for more than 365 days (1061 days).
Hence, Mr. D has resided for atleast 60 days in the current financial year and for more than 365 days in the immediately preceding four financial years. Therefore, Mr. D satisfies the second condition.
Hence, if any one of the above two condition is satisfied he is a resident taxpayer.
There is a further classification under the resident status – Resident and Ordinarily Resident (ROR) and Resident but Not Ordinarily Resident (RNOR).
In addition to the basic conditions, if both the below conditions are met, he will be a ROR:
In above example Mr. D has satisfed as resident of India. Let us further classify whether Mr. D is ROR or RNOR
If both the additional conditions are satisfied then Mr. D is ROR
Considering the example, Mr. D was travelling out of India since past 2 years only. Hence, the first condition is satisfied as he resided in India for atleast 2 years out of the immediate previous 10 years. Also, he has fulfilled the criteria of residing for at least 730 days in seven immediately preceding years. Therefore, he can be considered as Resident Ordinarily Resident.
If any one of the additional conditions is satisfied then Mr. D is RNOR.
Alternatively, consider that he had to work from the headquarters of his firm, located in Kota Kinabalu, Malaysia for the past six years. He has only visited his parents for a week, twice a year during this time. That means, he has resided in India for 449 days in the past six years and the same applies for the current financial year too. In this case, first condition is satisfied but not the second. Therefore, Mr. D is Resident Not Ordinarily Resident.
An individual who does not satisfy the basic conditions of resident can be considered as a non-resident.
For example, Ms. G went to London to join a reputed university for a graduation course (three years). While studying there, her professor suggested her to join a post-graduate course at the same university (two years). She had to get an internship certificate to complete the course. Upon completion, the firm offered her a permanent position. She has been an employee there for the past four years. That is, Ms G has stayed out of India for nine years now. She receives rental income from the property that she inherited from her parents. Both the basic condition are not satisfied. That makes Ms. G a non-resident.
The condition of minimum 60 days stay in the current financial year will get extended to 182 days in all the cases if: