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What is Residential Status?

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Residential status meaning is a classification used under the Income Tax Act to determine how an individual is taxed on their global income. The residential status is based on the number of days a person resides in India during a financial year (April 1 to March 31). It affects the taxability of income earned within and outside India. 

What is Residential Status?

There are three primary categories for individual residential status in India:

Resident (Ordinarily Resident)

An individual is considered a resident in India if they meet any of the following criteria:

  • They have stayed in India for 182 days or more during the current financial year.

  • They have stayed in India for 60 days or more in the current financial year and 365 days or more in the preceding four financial years.

Once classified as a resident, an individual may also be considered an "Ordinarily Resident" if they meet both of the following conditions:

  • They have been a resident in India for 2 out of the last 10 years.

  • They have stayed in India for 730 days or more in the preceding 7 years.

A resident (ordinarily resident) is taxed on their global income, meaning both Indian and foreign income are taxable in India.

Resident (Not Ordinarily Resident)

An individual who qualifies as a resident but does not meet the additional conditions of being an ordinarily resident is considered a Resident but Not Ordinarily Resident (RNOR).

An RNOR is taxed only on their Indian income and any foreign income that is derived from a business or profession controlled in India.

Non-Resident Indian (NRI)

An individual is considered a Non-Resident Indian (NRI) if they do not satisfy any of the conditions for being a resident. NRIs are only taxed on their income earned in India.

I hope you have understood the

residential status meaning

.

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What is Residential Status in Income Tax?

 

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What is the Status of Residence Meaning?

It is an individual’s legal classification based on their presence and duration of stay in a particular country. It determines the tax implications and rights an individual has within that country. 

After understanding the residential state meaning, let us focus on the common residential statuses:

  1. Resident: An individual who resides in a country for a substantial part of the financial year (usually 182 days or more) is considered a resident. Residents have full access to legal rights, including voting, employment, and social benefits. They are also subject to income tax on their global income.

  2. Non-Resident: Non-residents are individuals who spend less than the specified duration (usually 182 days) in a country during a financial year. They have limited legal rights and are generally taxed only on income earned within that country.

  3. Not Ordinarily Resident (NOR): This status applies to individuals who have been residents in the past but do not meet the residency criteria in the current financial year. NORs have certain tax benefits, such as exemption from tax on foreign income.

  4. Overseas Citizen of India (OCI): OCI status is granted to foreign nationals of Indian origin. They have similar rights as residents but are not eligible to vote or hold certain public offices.

  5. Person of Indian Origin (PIO): PIO status is no longer issued, but existing PIO cardholders are treated similarly to OCIs.

  6. Foreign Nationals: Individuals who are neither residents nor OCIs/PIOs fall under this category. They have specific visa requirements and limited legal rights.

I hope this helps you understand what is a residential status.

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How to Determine Residential Status of an Individual?

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Wondering what residence status means? Let me assist you with the same.

What is the Status of Residence Meaning?

It is an individual’s legal classification based on their presence and duration of stay in a particular country. It determines the tax implications and rights an individual has within that country. 

After understanding the residential state meaning, let us focus on the common residential statuses:

  1. Resident: An individual who resides in a country for a substantial part of the financial year (usually 182 days or more) is considered a resident. Residents have full access to legal rights, including voting, employment, and social benefits. They are also subject to income tax on their global income.

  2. Non-Resident: Non-residents are individuals who spend less than the specified duration (usually 182 days) in a country during a financial year. They have limited legal rights and are generally taxed only on income earned within that country.

  3. Not Ordinarily Resident (NOR): This status applies to individuals who have been residents in the past but do not meet the residency criteria in the current financial year. NORs have certain tax benefits, such as exemption from tax on foreign income.

  4. Overseas Citizen of India (OCI): OCI status is granted to foreign nationals of Indian origin. They have similar rights as residents but are not eligible to vote or hold certain public offices.

  5. Person of Indian Origin (PIO): PIO status is no longer issued, but existing PIO cardholders are treated similarly to OCIs.

  6. Foreign Nationals: Individuals who are neither residents nor OCIs/PIOs fall under this category. They have specific visa requirements and limited legal rights.

I hope this helps you understand what is a residential status.

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Read More:

How to Determine Residential Status of an Individual?

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0 2022-04-17T20:05:03+00:00

A person who lives at a particular place or nation is called the resident of that region. But to be called as a resident, he or she must be staying at that place for a particular number of days as per the rules levied by the government to be called as a resident. Did you understand residential status meaning now? It is very much important to determine the tax implications of an individual as well so one must be knowing every aspect of it.

Categorisation of Residential Status

After answering what do you mean by residential status, I must also enlighten you with the types of residential status as well to understand the concept more clearly. This term is very much important in the Tax arena as well as per the Income Tax Act of 1961 and it has been categorised into 3 types:

  • Resident and Ordinarily Resident (ROR)

  • Resident but Not Ordinarily Resident (RNOR)

  • Non- Resident(NR)

Factors to determine whether you can be called a resident or not

As I said before, to be called a resident or have a residential status, you need to stay at a place for a particular period of time and those are:

  • Have lived in India for at least 182 days or more

  • Lived in India for the immediately 4 preceding years is 365 days or more and 60 days or more in a financial year 

If you still feel that you need experts’ advice, feel free to contact NoBroker Legal Assistance anytime.

You must now have a brief idea about residential status meaning.

Read More:

What Is Residential Status In Income Tax?

How To Determine Residential Status of An Individual?

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