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Questions · Q13

Q.Distinguish between the Basic Conditions under Section 6(1) and the Additional Conditions under Section 6(6).

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BasisBasic Conditions [Section 6(1)]Additional Conditions [Section 6(6)]
PurposeDecide Resident vs Non-ResidentDecide ROR vs RNOR (only for someone already Resident)
When appliedFirst step, applied to every individualSecond step, applied ONLY if the individual is already Resident
Number of conditionsTwo — (a) 182 days, or (b) 60 days + 365 daysTwo — (i) resident in ≥2 of preceding 10 years, (ii) ≥730 days in preceding 7 years
Rule for satisfying themEITHER condition is enough to become ResidentBOTH conditions must be satisfied to become ROR; failing even one gives RNOR
Relevant period looked atThe current previous year (and, for condition (b), the preceding 4 years)The preceding 10 years / preceding 7 years

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