An aseesee can be classified under the following three residential statuses under income tax act.
- Resident and ordinary resident (R and OR)
- Resident but not ordinary resident (R but NOR)
- Nonresident (NR)
Basic conditions on which the residential status of an Assessee can be determine
When an individual will be considered as a resident of India if he satisfies the basic conditions under section 6(1)
1) An individual should be in India during the current previous year for 182 days or more
2) An individual should be in India for 365 days or more during the 4 preceding previous year
He should be in India for 60days or more in current previous year.
Exceptions to an individuals
- An Indian citizen or of Indian origin who lives abroad and comes to India on a visit
- An Indian citizen who leaves India for employment opportunity outside India
For these individuals only the 1st basic condition of section 6(1) should be checked
When a resident will be considered as ordinary resident of India
Resident will be considered as a ordinary resident of India if satisfied the condition under section 6(6)
- He should be a resident of India in 2 out of 10 preceding previous year
2. He should be in India for 730 days or more during the 7 preceding previous year
The person who not follows these conditions called as non resident
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