NRI TaxationResidency, ITR filing, TDS, DTAA, Schedule FA — for NRIs and OCIs based overseas.
NRIs and OCIs pay Indian tax only on income earned, accrued or received in India — rental, capital gains on Indian assets, NRO interest. Residency is decided by physical presence (the 182-day or 60+365 test), not by visa. We file ITR-2/3, claim DTAA relief via Form 67, and handle Schedule FA after return.
Last reviewed: June 2026 · Updated for AY 2026-27
Regi Tom Antony, FCA — a practicing Chartered Accountant who advises NRIs, OCIs and returning founders on the same questions every week. Every page here is drawn from the book and live engagements, not stock copy.
Background reading Pair this engagement with the educational hub:
Country Hubs (DTAA by corridor)→Every deliverable, in writing.
Engagements end with a single document: your blueprint. It maps each action, the form it needs, the deadline, and who owns it.
- 01Residency & RNOR status determination
- 02DTAA relief — Form 67, TRC, foreign tax credit
- 03ITR filing for NRIs / OCIs / RNORs
- 04Capital gains on shares, mutual funds, property
- 05TDS recovery and lower-deduction certificates (Form 13)
- 06Schedule FA disclosure for returning residents
What an NRI tax engagement covers, step by step
We start by fixing residential status for the year, because every other answer depends on it. Using passport and travel records we compute days in India for the year and the preceding years, apply the 182-day, 60 + 365, 120-day and deemed-residency tests, and record the result in writing. If you are resident, we test RNOR under Section 6(6).
Next we map Indian-source income: rent, interest on NRO deposits, dividends, capital gains on shares, mutual funds and property, and any business or professional income connected with India. For NRIs, interest on NRE deposits is exempt, while NRO interest carries TDS at 30% plus surcharge and cess unless a treaty rate is claimed with a tax residency certificate and Form 10F.
Most NRIs with rent and capital gains file ITR-2; business or professional income in India needs ITR-3. The due date for individuals not subject to audit is normally 31 July after the financial year. Where TDS exceeds the actual liability — common on property sales and NRO interest — the return is the only way to get the excess back.
Treaty relief and foreign tax credit
When the same income is taxed in India and in your country of residence, the double tax avoidance agreement decides who taxes first and how the other country gives relief. Non-residents claiming a lower treaty rate need a tax residency certificate from the other country and Form 10F. Residents claiming credit for foreign tax file Form 67 with the return. We document the treaty position so your overseas adviser can mirror it.
Notices and corrections
Mismatches between the Annual Information Statement and the return — TDS reported against the wrong status, or a sale reported by the buyer but missing from the return — are the most common triggers for notices. We reconcile AIS before filing, respond to faceless-assessment queries, and use revised or updated returns where an earlier filing needs correcting.
Keep exploring.
Step-by-step ITR filing: forms, residential status, Schedule FA and refunds.
Slabs, capital-gains rates and the TDS that applies to NRI income.
Browse every NRI tax, FEMA and return guide.
Use the transition window before full Indian residency.
Tell us the situation. We'll send back the next step.
Two sentences is plenty for the first reply. Direct, written, by Regi.
Answered, candidly.
- Am I a resident, NRI or RNOR this year?
- Short answer: depends on residency, corridor and timing. Long answer is in the engagement — book a call to walk it through.
- How do I claim DTAA relief on US / UK / UAE income?
- Short answer: depends on residency, corridor and timing. Long answer is in the engagement — book a call to walk it through.
- Can I recover excess TDS deducted on my property sale?
- Short answer: depends on residency, corridor and timing. Long answer is in the engagement — book a call to walk it through.
- Do I have to disclose my 401(k) or ISA in my Indian return?
- Short answer: depends on residency, corridor and timing. Long answer is in the engagement — book a call to walk it through.
Next: OCI / FEMA & Repatriation
RNOR window, the 182-day test, asset migration and the April 2026 deadline.
OCI / FEMA & Repatriation
RNOR window, the 182-day test, asset migration and the April 2026 deadline.
Open →Property & Inheritance
Property sale, lower-TDS certificate, capital gains and repatriation under FEMA.
Open →Return Planning & RNOR
OCI status, PAN/Aadhaar, NRE-NRO routing and FEMA compliance for everyday moves.
Open →Ready to plan? Book a strategy call with Regi.
A 45-minute working session that ends with a written next-step plan.
The NRI Blueprint briefing.
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