NRI Taxation Services in Delhi
Residential status, India income tax returns, DTAA relief, TDS on property sales, lower deduction certificates and Form 15CA/15CB for non-resident Indians.
Quick answers
Who is a non-resident for Indian income tax?
An individual is resident if in India for 182 days or more in the year, or for 60 days or more in the year and 365 days or more in the four preceding years. For Indian citizens leaving for employment and for citizens or persons of Indian origin visiting India, the 60-day limb is replaced by 182 days, or by 120 days where Indian income exceeds Rs 15 lakh. Anyone meeting neither test is non-resident. Section 6 keeps these tests in the Income-tax Act, 2025.
Does an NRI need to file an income tax return in India?
A return is required where taxable Indian income exceeds the basic exemption limit, and it is often needed anyway to claim a refund of excess TDS, carry forward a loss or claim treaty relief. Returns for FY 2025-26 are filed under the 1961 Act; income from Tax Year 2026-27 onwards is returned under the Income-tax Act, 2025.
How does SKAG and Associates handle NRI tax work?
The firm works out residential status from travel dates, maps Indian income and TDS from Form 26AS and AIS, checks the applicable DTAA, prepares and files the return, and assists with lower deduction certificate applications and Form 15CA/15CB (Forms 145/146 from 1 April 2026) for remittances abroad.
What our NRI Taxation service covers
How the engagement works
Documents required
- → PAN and Aadhaar (if allotted)
- → Passport pages with entry and exit stamps
- → Overseas address and Tax Residency Certificate (for DTAA claims)
- → Form 26AS and Annual Information Statement (AIS)
- → NRO / NRE / FCNR bank statements and interest certificates
- → Rent agreement and rent receipts for Indian property
- → Purchase and sale deeds, cost of improvement bills (for capital gains)
- → Broker capital gains statements for Indian shares and mutual funds
- → TDS certificates (Form 16A / 16B / 131 / 132)
- → Details of foreign bank account for refund, if required
NRI taxation: key rules and sections
Residential status (Section 6)
Residential status is decided separately for each year. The tests below apply under Section 6 of the Income-tax Act, 1961 up to FY 2025-26 and continue under Section 6 of the Income-tax Act, 2025 from Tax Year 2026-27.
| Test | Rule |
|---|---|
| Basic test | Resident if in India 182 days or more in the year, or 60 days or more in the year and 365 days or more in the four preceding years. |
| Citizens leaving for employment; citizens / PIOs on a visit | The 60-day limb is replaced by 182 days. Where Indian income (other than foreign-source income) exceeds Rs 15 lakh, a visitor is resident at 120 days in the year plus 365 days in the four preceding years, and is treated as RNOR. |
| Deemed resident | An Indian citizen with Indian income above Rs 15 lakh who is not liable to tax in any other country because of domicile or residence is deemed resident (RNOR). |
| Resident but not ordinarily resident (RNOR) | A resident who was non-resident in 9 of the 10 preceding years, or in India for 729 days or less in the 7 preceding years. Foreign income of an RNOR is generally not taxed in India unless it comes from a business controlled or profession set up in India. |
DTAA relief, TRC and Form 10F / Form 41
A non-resident may apply the tax treaty rate where it is more beneficial than the Act (Section 90 of the 1961 Act; Section 159 of the 2025 Act). To claim treaty benefits the non-resident needs a Tax Residency Certificate from the country of residence and, where the TRC does not contain all the prescribed details, a declaration in Form 10F, which becomes Form 41 from Tax Year 2026-27. Indian residents who need a TRC for use abroad now apply for it in Form 43. Treaty rates for interest, dividends and royalties often differ from the domestic rate, so the relevant article is checked in each case.
TDS on payments to non-residents
Any person paying a non-resident a sum chargeable to tax must deduct tax under Section 195 of the 1961 Act; from 1 April 2026 this is Section 393(2) of the 2025 Act, with payment codes 1039–1057 and the quarterly statement in Form 144 (previously Form 27Q). Common cases are rent paid to an NRI landlord, interest on NRO deposits and sale consideration for property. Where the non-resident expects the actual tax to be lower, a lower or nil deduction certificate can be sought from the Assessing Officer under Section 197 (Form 13), which is Section 395 (Form 128) under the 2025 Act.
Sale of property by an NRI
- The buyer deducts TDS on the capital gains element (or on the full consideration if no lower deduction certificate is obtained) at the rate applicable to the NRI, plus surcharge and cess. Long-term capital gains on property transferred on or after 23 July 2024 are taxed at 12.5% without indexation for non-residents.
- The 1% TDS under Section 194-IA applies only when the seller is resident; it does not apply to an NRI seller.
- Until 30 September 2026 the buyer needs a TAN, deposits TDS by challan and files Form 27Q / Form 144. The Finance Act 2026 allows an individual or HUF buyer to deposit this TDS against PAN from 1 October 2026, without a TAN; companies and firms still need a TAN.
- Exemptions for reinvestment in a residential house or specified bonds (Sections 54 and 54EC; Sections 82 and 85 of the 2025 Act) are also available to NRIs, subject to their conditions.
NRE, NRO and repatriation
Interest on an NRE or FCNR account is exempt while the holder is a person resident outside India under FEMA, and the balance is freely repatriable. Interest on an NRO account is taxable and subject to TDS. Remittance from an NRO account is allowed up to USD 1 million per financial year for capital balances such as sale proceeds, while current income such as rent and dividends is repatriable outside that limit. A remittance generally needs Form 15CA and, above the prescribed limit, a chartered accountant certificate in Form 15CB; from 1 April 2026 these are Forms 145 and 146. See also the firm's FEMA compliance page for RBI reporting.
Relevant dates
- Income tax return for FY 2025-26 (non-audit cases): due date under Section 139(1); belated return by 31 December 2026 and revised return up to 31 March 2027.
- TDS on payments to non-residents: deposit by the 7th of the following month (30 April for March).
- Quarterly statement of TDS on non-resident payments (Form 27Q / Form 144): 31 July, 31 October, 31 January and 31 May.
Section numbers for later years can be checked in the Income Tax Act 2025 section finder.
NRI Taxation for clients in New Delhi & Delhi NCR
SKAG and Associates is a firm of Chartered Accountants based at Kh.No-84, Plot No -RZ-I-1, F/Floor, 12/2, Main Rd, opposite Yammaha Showroom, Mahavir Enclave, New Delhi – 110045. We provide nri taxation and allied compliance support to individuals, professionals, firms and companies across New Delhi, South West Delhi and the wider Delhi NCR region, as well as clients elsewhere in India who engage us remotely.
Engagements are conducted strictly in accordance with the Chartered Accountants Act, 1949 and the ICAI Code of Ethics. To discuss your requirement, you are welcome to contact the office or call +91 88022 54567 during working hours (Mon–Sat, 10:00 AM–7:00 PM).
Frequently asked questions
I moved abroad for a job in the middle of the year. Am I resident or non-resident? +
An Indian citizen who leaves India for employment abroad during the year is resident only if in India for 182 days or more in that year; the 60-day limb does not apply. If you stayed fewer than 182 days, you are non-resident for that year and only Indian income is taxable in India.
Is my salary earned abroad taxable in India? +
For a non-resident, salary for services rendered outside India and received outside India is not taxable in India. It becomes relevant only if you are resident (and ordinarily resident) for the year, in which case global income is taxable and credit for foreign tax is claimed under the DTAA.
The bank deducted about 30% TDS on my NRO interest. Can I get it back? +
TDS on NRO interest is deducted at the rate in force for non-residents unless you give the bank a TRC and Form 10F (Form 41 from Tax Year 2026-27) to apply a lower treaty rate. Any excess over your actual tax liability can be claimed as a refund by filing an Indian income tax return.
I am selling a flat in Delhi. How can I reduce the TDS the buyer deducts? +
You can apply to the Assessing Officer for a lower deduction certificate under Section 197 (Section 395, Form 128 from 1 April 2026). The officer considers the estimated capital gains and tax payable. If issued, the buyer deducts tax at the rate in the certificate instead of on the full sale consideration.
When are Form 15CA and 15CB needed? +
Form 15CA is a declaration by the remitter filed online before remitting money to a non-resident. Form 15CB, a certificate from a chartered accountant on the taxability and TDS, is needed where the remittance is chargeable to tax and exceeds the prescribed limit. Some remittances are listed as exempt from these forms. From 1 April 2026 the forms are Form 145 and Form 146.
Can an NRI claim the Section 87A rebate? +
No. The rebate under Section 87A (Section 156 of the 2025 Act) is available only to resident individuals. A non-resident pays tax on taxable Indian income above the basic exemption limit even if total income is within Rs 12 lakh.
What happens to my status when I return to India permanently? +
Many returning Indians qualify as resident but not ordinarily resident (RNOR) for one or more years. During RNOR years, foreign income is generally not taxed in India. NRE deposits should be re-designated as resident or RFC accounts under FEMA after return.
Do I need a PAN to claim treaty benefits? +
Without a PAN, TDS on payments to a non-resident is deducted at a higher rate unless specified alternative details, including a TRC, are provided to the payer. Holding a PAN makes return filing, refunds and the lower deduction certificate process straightforward.
Questions about NRI Taxation?
You may contact CA Gaurav Singh to discuss your specific facts and requirements.
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