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Costing and Taxation · Ch 4 — Residential Status and Incidence of Tax (Individual)

Terms Introduced in the Chapter

Terms Introduced in the Chapter

This section collects, in one place, every term, test and classification rule introduced in this chapter, for quick re …

Definition 1Residential Status

The classification (Resident and Ordinarily Resident / Resident but Not Ordinarily Resident / Non-Resident) that fixes how much of an individual's income is taxable in India for a previous year; determined afresh e …

Definition 2Basic Conditions [Section 6(1)]

(a) present in India 182 days or more in the previous year, OR (b) present 60 days or more in the previous year AND 365 days or more in the preceding 4 years. Either one satisfied = …

Definition 3Citizen/PIO exception widening 60 days to 182 days

For an Indian citizen leaving India for employment/as ship's crew, or an Indian citizen/PIO visiting India, condition (b)'s 60-day limb i …

Definition 4Additional Conditions [Section 6(6)]

(i) resident in India in at least 2 of the preceding 10 previous years, AND (ii) present in India for 730 days or more in the preceding 7 previous years. Applied only to a per …

Definition 5Resident and Ordinarily Resident (ROR)

A Resident individual who satisfies BOTH additional conditions; taxed on global (Indian + …

Definition 6Resident but Not Ordinarily Resident (RNOR)

A Resident individual who fails one or both additional conditions; taxed on Indian income plus foreign income only from a business controlled from India or a …

Definition 7Non-Resident (NR)

An individual who fails BOTH basic conditions under Section 6(1); taxed only on income received or accruing (or deemed to) in India — foreign income is never taxable, ev …

Definition 8Incidence of Tax

The scope of an individual's Total Income actually chargeable to tax in India, fixed by their residential status f …