Free Tool · Section 6 of the Income Tax Act

NRI Residential Status Calculator

Are you NRI, RNOR or ROR for this financial year? The single most consequential question in NRI taxation — answered correctly under Section 6, including the 120-day rule and Section 6(1A) deemed-resident check.

Who are you?

Day count in India

1 April this FY to today, or full FY if past 31 March.

Add up days across the four preceding financial years.

Used for the RNOR ≤ 729-day test.

Status history

Used for the RNOR 9-of-10-years test.

Triggers the 120-day rule for visitors and the Section 6(1A) deemed-resident check.

Residential Status

NRI

Non-Resident Indian

Failed both Section 6(1) day-count tests

How we got this answer

  1. Indian citizen/PIO visiting India — second test ignored under Explanation 1(b), only 182 days applies.
  2. Stay of 95 days does not breach the 182-day or 182-day + 365-day combined test.

What this means for your tax bill

  • Only India-source income is taxable in India (rent from Indian property, interest from Indian banks, capital gains on Indian assets, dividend from Indian companies).
  • Foreign salary, foreign dividends, foreign rental income are NOT taxable in India.
  • Cannot file ITR-1 — must use ITR-2 (no business income) or ITR-3 (with business income).
  • Schedule FA disclosure not required.
  • NRO interest TDS at 30% (reducible to 12.5-15% with TRC + Form 10F under DTAA).

Status is fact-based per FY — it can change year to year. Edge cases (split-residency mid-year, Article 4 DTAA tie-breaker) need CA review. Talk to Pujara & Co for your specific position.

Why this is the most important answer

Indian income tax taxes residents on worldwide income and non-residents only on India-sourced income. Get the status wrong and you either overpay tax on global income that India had no business taxing, or under-report and invite a Schedule FA penalty under the Black Money Act of up to ₹10 lakh per failure — regardless of whether tax was due.

The three statuses, in plain English

  • NRI (Non-Resident Indian): Only India-source income taxable in India — rent from Indian property, interest from Indian banks, capital gains on Indian assets. Foreign salary, foreign dividends, foreign capital gains not taxable here.
  • RNOR (Resident but Not Ordinarily Resident): The "soft landing" status for returning NRIs. Indian-source income taxable in full, but foreign income from a business NOT controlled from India is not taxable. Typically applies for 2-3 years after return — a major planning window.
  • ROR (Resident & Ordinarily Resident): Worldwide income taxable. Schedule FA disclosure mandatory for every foreign asset.

The 120-day rule — for high-income visitors

Introduced from AY 2021-22 (Finance Act 2020), the 120-day rule narrows the day-count concession for Indian-origin visitors with substantial India income. If you are an Indian citizen or PIO/OCI visiting India and your India-source income exceeds ₹15 lakh in the FY, the second-test threshold drops from 60 to 120 days. Cross 120 days plus 365 days in the prior 4 FYs, and you become resident — automatically RNOR.

Section 6(1A) — the deemed-resident rule

Also introduced from AY 2021-22, Section 6(1A) deems an Indian citizen with India-source income above ₹15 lakh to be a resident of India if they are not liable to tax in any other country by reason of domicile or residence. The deemed resident is automatically classified as RNOR — so India income is taxed here but foreign income generally is not. This closes the "stateless taxpayer" loophole.

How to count days correctly

  • Count every day you were physically present in India during the financial year (1 April to 31 March).
  • Include the day of arrival AND the day of departure — both count as days in India.
  • Track travel using passport stamps, e-FRRO records, or boarding passes.
  • Brief stops in transit (without exiting the international terminal) typically do not count.

What this calculator cannot do

  • Resolve DTAA Article 4 "tie-breaker" rules when you qualify as resident in both India AND another country (permanent home → centre of vital interests → habitual abode → nationality → mutual agreement).
  • Handle split-residency mid-year for the rare cases where it applies.
  • Model the FEMA residential status (different definition, used for NRO/NRE banking).
  • Compute the actual tax — see our Tax Calculator + Capital Gains Calculator for that.

Returning to India? Plan your status BEFORE you arrive.

Timing your return — even by 1 to 2 months — can determine whether your first year back is RNOR or ROR. That single decision can shelter foreign salary, ESOP gains, and capital gains worth ₹10 lakh to ₹1 crore from Indian tax. Pujara & Co. models your residency arc 12 months before you fly.

See our NRI practice