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NRI Income Tax in India (2026): Residential Status, What Is Taxable, DTAA Relief, TDS and the Return You Must File

Updated 2026-10-19 · 5 min read · By KyaTax
Quick answer
  • Residential status is decided every year by days in India — 182, or 60 with 365 in the prior four years, relaxed to 120 days for Indian citizens and PIOs with Indian income above ₹15 lakh — and it decides whether only Indian income or worldwide income is taxed.
  • An NRI is taxed in India on income that arises here: rent, Indian salary, interest on NRO deposits, capital gains on Indian assets. NRE and FCNR interest is exempt while the person is non-resident under FEMA.
  • DTAA relief needs a Tax Residency Certificate from the other country plus Form 10F filed online; without them the payer deducts TDS at the full domestic rate.

Around 35 million Indians live abroad, and most of them still have an Indian tax footprint — a rented flat, an NRO account, shares, a plot inherited from parents, or an employer that kept paying into an Indian account. Indian tax law treats them differently from residents in three ways: which income is taxed, the rate at which tax is withheld, and whether treaty relief is available. Getting the residential status wrong is the root of almost every NRI tax problem, so this guide starts there and then works through income, TDS, DTAA and filing.

Step 1 — residential status, decided each year

StatusTest (for the financial year)Scope of Indian tax
Resident (ordinarily resident)182 days or more in India; OR 60 days or more in the year and 365 days or more in the preceding 4 years — and ordinarily resident under the 2-of-10-years and 730-days testsWorldwide income
Resident but not ordinarily resident (RNOR)Resident by the above, but non-resident in 9 of the preceding 10 years, or in India 729 days or fewer in the preceding 7 years; also deemed residents and the 120–181-day category belowIndian income plus foreign income from a business controlled or profession set up in India
Non-resident (NRI)Neither of the aboveOnly income received or accruing in India

Two modifications apply to Indian citizens and persons of Indian origin visiting India: the 60-day limb is relaxed to 182 days in general, but to 120 days where their Indian-sourced income (other than foreign-sourced income) exceeds ₹15 lakh — and a person caught by the 120-day rule is RNOR, not ordinarily resident. Separately, an Indian citizen with Indian income above ₹15 lakh who is not liable to tax in any other country is a deemed resident (RNOR). Count days from passport stamps; the day of arrival and departure both count.

Step 2 — what an NRI pays tax on in India

Step 3 — TDS rates NRIs actually face

Payment to an NRISectionTDS rate (plus surcharge and cess)Note
Rent19530%Tenant must obtain a TAN and file 27Q; the NRI can apply for a lower-deduction certificate under 197
NRO interest19530%Reduced to 10–15% under most treaties with TRC and Form 10F
Sale of property — long-term19512.5% on the full consideration unless a 197 certificate limits it to the gainBuyer deducts and files 27Q; NRI needs a 197 certificate to avoid over-deduction
Sale of property — short-term19530% on considerationSame
Dividends19520%Treaty rate 10–15% with TRC and Form 10F
Equity LTCG / STCG through a broker19512.5% / 20% on the gainDeducted by the broker or fund on redemption

Step 4 — DTAA relief and how to claim it

India has tax treaties with more than 90 countries. Relief takes two forms: a lower withholding rate on interest, dividends and royalties, and a credit in the country of residence for tax paid in India (or exemption, depending on the treaty). To claim treaty benefits from an Indian payer you need a Tax Residency Certificate from your country of residence, Form 10F filed electronically on the Indian portal (which now requires a PAN), and a no-permanent-establishment declaration where relevant. Without these, the payer must deduct at the domestic rate and you claim the excess as a refund by filing a return.

Step 5 — filing the return

NRI returns are expert-assisted on the ITR filing (expert-assisted) track — ITR-2 with capital gains, DTAA relief and 197 certificate applications are outside the self-file wizard's scope by design.

Common mistakes

This is general information on Indian tax rules for non-residents as of FY 2025-26; treaty provisions differ by country and should be checked against the specific agreement and your residence-country rules.

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Frequently asked questions

How many days can an NRI stay in India without becoming resident?

Up to 181 days in the financial year in the general case. For an Indian citizen or person of Indian origin visiting India whose Indian-sourced income exceeds ₹15 lakh, staying 120 days or more (with 365 days or more in the preceding four years) makes them resident but not ordinarily resident. Arrival and departure days both count.

Is NRE account interest taxable in India?

No, as long as the account holder is a non-resident under FEMA. NRO account interest is fully taxable with 30% TDS, which treaty relief can reduce. Once you return to India and become resident under FEMA, NRE interest becomes taxable even if you are RNOR for income-tax purposes.

How much TDS applies when an NRI sells property in India?

The buyer must deduct tax under section 195 on the entire sale consideration — 12.5% plus surcharge and cess for a long-term asset, 30% for short-term — unless the NRI obtains a lower-deduction certificate under section 197 from the assessing officer limiting TDS to the actual gain. Apply for the certificate before the sale agreement is signed.

What documents does an NRI need to claim DTAA benefits?

A Tax Residency Certificate issued by the tax authority of the country of residence, Form 10F filed electronically on the Indian income-tax portal (which requires a PAN), and, for business income, a declaration of no permanent establishment in India. Payers deduct at domestic rates without these.

General information for FY 2026-27, not professional advice for your specific case. Rules change — verify against the latest notification or ask a KyaTax expert.
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