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Taxation for NRIs – Expertvuw
Income Tax · Non-Residents

NRI Taxation in India – Residential Status, Indian Income and DTAA

Last updated: 2 October 2026

If you live abroad but earn in India — rent, interest, capital gains or a property sale — Indian tax rules still apply. Expertvuw’s team works out your residential status, the tax on your Indian income, DTAA relief and TDS refunds, and files your return.

Overview

How NRIs Are Taxed in India

Tax in India depends on residential status, not citizenship. A non-resident is generally taxed only on income that is received in India or that accrues or arises in India — such as rent from Indian property, interest on NRO deposits, dividends, and capital gains on Indian shares, mutual funds or property.

Residential status is decided each year based on days of stay in India, with special tests for Indian citizens and persons of Indian origin who visit India and have Indian income above ₹15 lakh. Income from NRE deposits is generally exempt, while NRO interest is taxable.

Tax is often deducted at higher rates on payments to non-residents. The Double Taxation Avoidance Agreement (DTAA) with your country of residence may reduce Indian tax or allow credit abroad, supported by a Tax Residency Certificate and Form 41 (earlier Form 10F) under the Income-tax Act, 2025.

Basis: Income-tax Act, 1961 and Income-tax Act, 2025 (residential status, scope of income, TDS on non-residents); India’s DTAAs; FEMA for account and repatriation rules. Last updated: 27 September 2026.

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What This Service Covers

What We Help With

1

Determining residential status for the year

2

Tax on rent, interest, dividends and capital gains from India

3

DTAA relief with Tax Residency Certificate and Form 41

4

Lower or nil TDS certificate applications

5

NRI income tax returns and refund claims

Key NRI Tax Facts

Days of stay

Residential status depends on days spent in India in the year and preceding years, with special rules for visiting citizens and PIOs.

Deemed resident

An Indian citizen with Indian income above ₹15 lakh who is not liable to tax in any other country may be treated as resident.

NRE vs NRO

Interest on NRE deposits is generally exempt; interest on NRO deposits is taxable in India.

TDS on property sale

A buyer purchasing property from an NRI must deduct tax at source, often at higher rates than for residents.

DTAA documents

Claiming treaty relief needs a Tax Residency Certificate and Form 41 (earlier Form 10F).

Return filing

NRIs with taxable Indian income, or who want a refund of excess TDS, need to file an Indian return.

Common Issues

Common NRI Tax Mistakes

Most NRI tax issues come from status and TDS assumptions.

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Related Services

Related services

NRI taxation connects with these services.

NRI ITR Filing

Filing Indian returns for non-residents.

NRI Property Sale

Tax, TDS and repatriation on selling Indian property.

DTAA Relief

Treaty relief and foreign tax credit.

Fund Repatriation

Moving funds from India abroad under FEMA.

Documents Required

Documents we need from you

Status & Identity

Income Records

Our Process

How We Handle NRI Tax

1

Status check

Work out residential status from travel records.

2

Map income

List all Indian income and TDS deducted.

3

Apply DTAA

Check treaty benefits and documents needed.

4

Compute tax

Calculate tax and any refund due.

5

File return

Prepare and file the return; help with e-verification.

6

Follow up

Track refunds and respond to any notices.

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Each Year

NRI Tax Each Year

NRI tax is an annual cycle, with extra steps for large transactions.

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Get in Touch

Share your query and our team will reply during business hours.






    FAQs

    Frequently Asked Questions

    Do NRIs have to pay tax in India?

    Yes, on income that accrues or arises in India or is received in India, such as rent, NRO interest and capital gains on Indian assets.

    Interest on NRE accounts is generally exempt from Indian income tax for non-residents. NRO interest is taxable.

    It depends on the number of days you stay in India in the year and earlier years, with special conditions for Indian citizens and persons of Indian origin with Indian income above ₹15 lakh.

    Yes, by filing an Indian income tax return claiming the refund. A lower TDS certificate can also be applied for before the sale.

    Usually a Tax Residency Certificate from your country of residence and Form 41 (earlier Form 10F), along with other details required under the Act.

    About Expertvuw

    Who Handles Your NRI Tax

    CS Chetna Shoor, Company Secretary and Director, Expertvuw

    CS Chetna Shoor

    ACS – Director, Expertvuw Management Pvt Ltd

    Tax work is handled by Expertvuw’s team. Audits and certifications required by law are issued by independent Chartered Accountants, and representation before tax authorities and tribunals is made by authorised professionals or advocates.

    Expertvuw Management Pvt Ltd