If you lived outside India for most of FY 2025-26, your tax obligations in India depend on your residential status, the nature of your Indian income, and whether you hold foreign assets. This guide covers the key things NRIs need to know.
Your residential status for tax purposes is determined by the number of days you spent in India during the financial year — not your citizenship or visa status.
| Status | Condition | Tax on foreign income |
|---|---|---|
| Resident (ROR) | In India 182+ days, or 60+ days + 365 days in last 4 years | Yes — global income taxable |
| RNOR | Returning NRI — NRI for 9 of last 10 years, or 729 days or less in last 7 years | No — only Indian income taxed |
| NRI | In India less than 182 days (or less than 60 days under certain conditions) | No — only Indian income taxed |
India has DTAA treaties with most countries. If you have paid tax in your country of residence on income that is also taxable in India, you can claim a Foreign Tax Credit (FTC) to avoid being taxed twice. You need to file Form 67 to claim FTC — this must be filed before the ITR due date.
If you are a Resident (not NRI or RNOR) and hold any foreign asset — bank account, investment, property, insurance policy — you must disclose it in Schedule FA of your ITR. Failure to disclose foreign assets is a serious offence under the Black Money Act and can attract penalties of up to ₹10 lakh per asset.
⚠️ If you returned to India and became Resident this year, you may need to disclose foreign assets for the first time. This is a complex area — always consult a CA before filing.
RSUs and ESOPs received from a foreign employer are taxable as salary income in India in the year of vesting, and as capital gains when sold. The tax treatment involves currency conversion at the RBI reference rate on the date of vesting, and DTAA provisions may apply depending on your employer's country.
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