CTP - Residential Status & Scope of Income

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Residential Status &

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.

An individual is considered as ‘non-resident’ if he does not


satisfy either of the basic conditions mentioned above.
HUF/FIRM/AOP
It is said to be ‘resident’ in any previous
year if it is wholly or partially controlled or
managed from India; i.e., it would be a
‘non-resident’ if control or management is
wholly outside India.
COMPANY
Company is said to be ‘resident’ in India in
previous year if
It is an Indian Company “OR”
Management and Control is situated
wholly in India
SCOPE OF INCOME
Residential Status Income Chargeable to tax in India
Resident World income liable for tax in India

Non-resident  Income which accrues or arises or deemed to


accrue or arise in India and

 Income received or deemed to be received in India


is liable to be taxed in India

Resident but Not  Income received or deemed to be received in India


ordinary resident and

Income accruing or arising or deemed to accrue or


arise in India and

Income accruing or arising outside India from


business controlled in India or profession set up in
India will be liable to be taxed in India.

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