CTP - Residential Status & Scope of Income
CTP - Residential Status & Scope of Income
CTP - Residential Status & Scope of Income
Scope of Income
Manish B Tardeja
WHO IS A ‘RESIDENT’ FOR TAX
PURPOSES
INDIVIDUAL
Basic Conditions
An individual is considered as a ‘resident’ if
he is
in India for 182 days or more in a previous year
OR
in India for 365 days or more in 4 years
immediately preceding a previous year and 60 days
or more in a previous year .
Exception:
A citizen of India, who leaves India in any
year for employment or as a member of
the crew of an Indian ship or who is
abroad and comes on a visit to India, in the
previous year, is treated as a resident in
that year, if he has been in India for 182
days or more. The second condition in b)
above, is not functional in such cases.
An individual is considered as ‘not
ordinarily resident’ if he is
Additional Conditions
a non-resident for 9 out of 10 previous years in the
immediately preceding previous years
OR
has been in India for a period of 729 days or less in the
seven preceding previous years.