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NRI Taxation & Return Filing

Residential status planning, NRI income-tax returns, DTAA relief, and refunds of excess TDS — handled end to end, remotely.

Overview

What this involves

For an NRI, Indian taxation begins with a single question: what is your residential status this year? The day-count tests decide whether India taxes only your Indian income or reaches your global income — and crossing a threshold, sometimes by a handful of days, changes everything. From there, the usual NRI income streams each carry their own rules: rent from Indian property, capital gains on shares and mutual funds, interest on NRO deposits, ESOPs from Indian employers, and pension income.

We handle NRI taxation end to end: residential status assessment and planning, computation and filing of the Indian return, claiming treaty relief under the applicable DTAA (with the Tax Residency Certificate and Form 10F correctly in place), and recovering excess tax. That last point matters more than most NRIs realise — payments to non-residents typically suffer TDS at high statutory rates, often well above the tax actually due, and filing a return is frequently the only way to get the difference back.

For NRIs returning to India, timing is a genuine planning opportunity. The Resident but Not Ordinarily Resident (RNOR) transition window generally keeps most foreign income outside Indian tax for two to three years — and decisions about when to return, when to remit, and when to redesignate accounts are worth taking with advice, not after the fact.

How we help

  • Residential Status & Planning: We assess your status under the day-count tests each year, flag risks before they crystallise, and plan travel and remittance timing where genuine flexibility exists.
  • Return Filing & Refund Recovery: Complete preparation and e-filing of your Indian return, with excess TDS on rent, interest, and capital gains claimed back — and refund follow-through until credited.
  • DTAA Relief Done Properly: Treaty positions supported by the Tax Residency Certificate, Form 10F, and where needed a no-PE declaration — so relief claimed is relief that survives scrutiny.
  • Returning-NRI Strategy: RNOR window planning, account redesignation (NRE/NRO to resident), and foreign-asset disclosure readiness for the year you become fully resident.
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Key Points

What you should know

Residential Status Drives EverythingIndia’s day-count tests determine whether only Indian income or your worldwide income is taxable here. The tests have exceptions and refinements — including deemed-residency rules for high-income individuals — that reward careful planning.

Higher TDS by DefaultPayers must generally deduct tax on payments to NRIs at high statutory rates — on rent, property purchases, and capital gains — often exceeding the final tax due. Filing a return is how the excess comes back.

The RNOR WindowReturning NRIs typically qualify as Resident but Not Ordinarily Resident for two to three transition years, during which most foreign-source income stays outside Indian tax — a window worth planning around, not stumbling into.

Questions

Frequently asked questions

Very often, yes — and usually to your advantage. TDS on NRI income is deducted at flat statutory rates; your actual liability after slab rates, indexation, and treaty relief is often lower. Filing is how you recover the difference.

Interest on NRE and FCNR deposits is exempt for individuals who qualify as non-residents under FEMA. Interest on NRO accounts, by contrast, is fully taxable and suffers TDS — one of the most common sources of refundable excess tax for NRIs.

The treaty between India and your country of residence can cap Indian tax rates or assign taxing rights on specific income types. To claim it you need a Tax Residency Certificate from your home country and Form 10F filed in India. We handle the documentation and take the treaty position in your return.

Only taxpayers who are Resident and Ordinarily Resident must file the foreign-asset schedule. Non-residents and RNORs are outside that requirement — but the year your status changes, the obligation begins, and penalties for non-disclosure are severe. We manage that transition.

The big levers are timing your return date against the residency tests, using the RNOR window for foreign income and asset restructuring, redesignating bank accounts, and preparing for eventual foreign-asset disclosure. Ideally, start the conversation a full tax year before the move.

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