NON RESIDENT- INTERNATIONAL TAXATION

NON RESIDENT

NON RESIDENT means a person who is not Resident and includes a person who is not an Ordinary Resident within the meaning of Sec. 6(6)-[sec. 2(30)]

NON RESIDENT DIAGRAM 

RESIDENTIAL STATUS

HOW TO DETERMINED A RESIDENTIAL STATUS OF INDIVIDUAL/HUF/COMPANY (WHETHER IS INDIAN OR OTHER COMPANY)/FIRM/AOP/BOI/OTHER PERSON

• IN THE CASE OF INDIVIDUAL THEN RESIDENTIAL STATUS SHALL BE DETERMINED:-

Individual is satisfied with any one of the following conditions of the resident then the individual is a resident.

182 DAYS OR MORE RESIDENT IN INDIA

                OR

60 DAYS OR MORE +365 DAYS OR MORE DURING THE 4 P.Y.  IMMEDIATELY PRECEDING THE RELEVANT P.Y.

Individual is satisfied both of the following conditions of the Ordinary Resident then the individual is a resident.

ATLEAST 2 OUT OF 10 P.Y. IMMEDIATELY PRECEDING THE RELEVANT P.Y.

+

730 DAYS OR MORE DURING 7P.Y IMMEDIATELY PRECEDING THE RELEVANT P.Y.

• IN THE CASE OF HUF THEN RESIDENTIAL STATUS SHALL BE DETERMINED:-

In the conditions of Resident:- IF HUF Management is wholly or partly situated in India then HUF IS RESIDENT and,

In the conditions of Ordinary Resident:- Karta satisfied all the condition it's given below:-

ATLEAST 2 OUT OF 10 P.Y. IMMEDIATELY PRECEDING THE RELEVANT P.Y.

+

730 DAYS OR MORE DURING 7P.Y IMMEDIATELY PRECEDING THE RELEVANT P.Y.

• IN THE CASE OF FIRM/ AOP/ BOI / OTHER PERSON THEN RESIDENTIAL STATUS SHALL BE DETERMINED:-

In the conditions of Resident:- IF FIRM/AOP/BOI/OTHER PERSON Management is wholly or partly situated in India then FIRM/AOP/BOI/OTHER PERSON IS RESIDENT and,

In the conditions of Ordinary Resident: - IT’S NOT APPLICABLE FOR FIRM/AOP/BOI/OTHER PERSON.

• IN THE CASE OF COMPANY THEN RESIDENTIAL STATUS SHALL BE DETERMINED:-

 INDIAN COMPANY: - ALWAYS BE RESIDENT AND,

 THE OTHER COMPANY:-  POEM in India. Then the company will be resident otherwise non resident.