For a Person of Indian Origin who comes to India for a visit, the period
of stay in immediately previous year has to be 185 days or more to make
him a resident in India. If you are do not know your residential
status, this calculator from Taxspanner.com will help you find out.
: Of course your residential status does impact your
taxability. NRIs have a basic exemption limit of Rs 2 lakh. In fact, if
you are above 60 years, your exemption limit is Rs 2.5 lakh. If you
exceed these limits, you definitely need to file income tax returns in
India. The same is the case if
you have any kind of rental income, or
gains from property transactions or sale of assets/ investments.
5“However, for NRIs, there is a 15 percent TDS (plus 3 percent cess)
on short-term capital gains from shares and mutual funds if the
securities transaction tax (STT) has been paid. If no STT has been paid,
the TDS rate is higher at 30.9 percent. They are even subjected to a 10
percent TDS on long-term gains from shares and mutual funds,”
says Sudhir Kuashik, CEO, Taxspanner.com.
Even if you have to claim any tax deducted at source (TDS) or have
availed of a home loan, you will have to file your returns. Of course,
there are exceptions where you need not file returns as NRIs, do check
with your chartered accountant for more details.
What NRIs don’t get: Keep in mind that NRIs do not
get the same kind of deductions or exemptions like the residents. “NRIs
cannot adjust the taxable capital gains against the basic exemption
limit. So as an NRI if you earns Rs 2 lakh capital gains, you will have
to pay tax at applicable rates for the full amount even if you have no
other income,” says, Kaushik. He further adds that as NRIs you don’t get
deduction under a number of sections such as residents. A few sections
are 80 CCG (Rajiv Gandhi Equity Saving Scheme), 80 DD (disability tax
benefit), and 80 DDB (medical treatment tax benefit) to name a few.
In short, filing of returns for NRIs is not rocket science either. We
recommend you get in touch with a tax consultant or an online portal
which offer online income tax returns filing packaged specially designed
for NRIs.
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