Income Tax Return Filling for Non Resident Indians (NRI)

For Non-Resident Indians (NRI), only the income that is received or accrued in India is taxable.

NRI should file Return of Income if his tax deducted at source (TDS @10.3% to 30.9%) is more than his actual tax liability. He is entitled to claim refund of Tax with interest.

Sometimes, NRI may incur short-term or long term capital loss on sale of investments. He can setoff such loss against long term capital gain from sale of investments in subsequent year or years provided he has filed Return of Income within the prescribed time for the year in which he has incurred loss. Hence the NRI should file the return of Income declaring loss in such a situation.

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Comments

90 responses to “Income Tax Return Filling for Non Resident Indians (NRI)”

  1. Krishna Avatar
    Krishna

    Hi,
    I have recently brought house in India & gave it for lease for 10 lakhs (3years) & I have 17 lakhs housing loan.
    Do I need to file tax return in India?
    Thanks

    1. Income Tax Buddy Avatar
      Income Tax Buddy

      Krishna, on loan of Rs 17 lakh interest will be around Rs 1.7 lakh p.a. and the same can be deducted from rent you are getting. Even though, Your Total Net income to be shown in Income tax Return may be less than Rs 2 lac ( basic exemption limit) It is advisable to file Income tax return, since the rent amount is probably credited in your bank account.

  2. Jan Avatar
    Jan

    Hi,

    I bought a house in India early last year for my personal use, and is not rented. I reside in the US, and my income and taxes are paid here in the US. Can I file for a refund for the interest paid on the housing loan taken in India since you say the limit is 2 lac? The interest on the loan is just less than 2 lac annually.

    Thanks.

    1. Income Tax Buddy Avatar
      Income Tax Buddy

      Jan,

      Interest on housing loan paid, can be reduced from total taxable income. In your case, since you are NRI and not earning any income from India, you cannot claim, tax benefit for this interest on housing loan.

  3. Pratibha Avatar
    Pratibha

    I have come to USA with my husband for his deputation. I have only earned interest on few FD’s in 2012-2013. Will I still get benefit of tax-rebate for women?

    Can I ask for refund for tax banks have deducted on earned interest while filing my returns?

    1. Income Tax Buddy Avatar
      Income Tax Buddy

      Pratibha, you can claim tax refund on TDS deducted by bank. For this you need to file income tax return

  4. Sushma Avatar
    Sushma

    Hello,
    I have 2 questions

    1. I have been living in New Zealand for last 2.5 years and do not have any earnings in India, however I hold a savings bank account which was opened when I started working while I was in India, I quit that employer around 8 months back , Am I supposed to file Income tax in India, Pls help.

    2. Also Now I use that Savings account only for sending money to India and do not have any earnings there in India. Please advise if I can continue to use my ICICI Savings bank account for money transfer purposes or I should now be using a NRI account for such purposes.

    3) I have a fixed deposit which was opened during December 2012 so I might have earned some interest from that, Now please tell me if I have to file tax for 2012-2013 year, if yes then where can I get the form 16A for the same now.

    1. Income Tax Buddy Avatar
      Income Tax Buddy

      Sushma it is advisable to file your tax return since duing last year you have earned both salary and interest. you can collect form 16A from bank website.

  5. AUM Rao Avatar
    AUM Rao

    Hi,
    I am NRI and this year (2012-2013) have a rental income of INR 3.5 lakhs. With allowed deduction of 30% + my savings, I am within tax limit ( INR 1.8lakhs) and I am planning to submit the Tax returns. However, I am not able to comply with TDS requirements that is applicable for rental income for more than INR 1.8 lakhs as the rent is paid to my bank a/c by the tenant without TDS deduction. What is the solution.

    1. Income Tax Buddy Avatar
      Income Tax Buddy

      No TDS is deductile by tenant, if he is individual, In your case also, tenant is under no obligation to deduct TDS on rent paid by him. Your rent income from India, is less than Rs 2 lac( basic exemption limit), as per law you are not required to file tax return in India. If you want to file tax return, you can do so. There is no tax payable on your tax return

  6. Nishit Patel Avatar
    Nishit Patel

    I have a monthly commercial rent of about 4.5 lacks per month. TDS is taken off at 30% because im an NRI. I undersatnd that there is a rebate on the first 1/3rd of the rent. How do I get a refund.

    1. Income Tax Buddy Avatar
      Income Tax Buddy

      Rebate of 1/3 from rent is availalbe in case of house property. On commercial property actual expenditure is allowed.

  7. Parichay patil Avatar
    Parichay patil

    For how many year can a non resident Indian citizen file income tax return?

    1. Income Tax Buddy Avatar
      Income Tax Buddy

      NRI should file income tax return if he has income from India above taxable limit.

  8. TSS Avatar
    TSS

    Can I file return even if I do not have any income in India nor any loans??.

    1. Income Tax Buddy Avatar
      Income Tax Buddy

      You are not required to file return of income if there is no income in India

  9. hemant Avatar
    hemant

    Hi,I am NRI and want to know whether I need to file IT Return in India or not. I purchased two residential properties but no rental income.

    1. Income Tax Buddy Avatar
      Income Tax Buddy

      If you have two property, one of these will be treated as self occupied and no income will be taxed. Other property will be deemed to be let out and market rent for the same need to be added in your income and tax return need to be filed.

      1. hemant Avatar
        hemant

        Thanks for the reply

  10. Renuka Avatar
    Renuka

    Hi,
    Past 4 years I am working in Singapore, I got some 7 lacs in fixed deposit in my old saving account.
    Do I have to pay tax / TDS on interest amount, if yes how much what is the limit.
    Thanks,
    Renuka

    1. Tax Dost Avatar
      Tax Dost

      Since from India you will be earning around 70 k, bank will be deducting TDS @ 10%. You should file income tax return to claim back your income tax refund.

  11. SATYA NARAYAN Avatar
    SATYA NARAYAN

    I have been working in Kuwait since Nov 2011. I have interest , capital gain/loss from share account in India . I do not have any rental income in India. Which ITR form I need to fill in ? Regards

    1. Tax Dost Avatar
      Tax Dost

      For filing Return of capital gain / loss please use ITR 2

  12. Ahmad Tasnim Avatar
    Ahmad Tasnim

    Hello,
    I have been working in Suadi Arabia Since Nov 2011. i dont have any type of income in India. Still if I want to file e-return what form should I select?

    1. Tax Dost Avatar
      Tax Dost

      Ahmad,

      if you dont have any income in India, you are not required to file Income tax return In India

      1. Nitin Avatar
        Nitin

        Incase, we are planning to settle back to India and may be we need to apply for Loan (e.g. House Loan) then we might need to show ITR or not?

        1. Tax Dost Avatar
          Tax Dost

          For any type of loan apporoval, bank require ITR/ income proof

  13. Ravi Avatar
    Ravi

    Hi,
    I am residing in US and has received income in the form of perquisites (RSU stocks) in India. Form 16 is issued by the Indian subsidiary of my US company. Do I need to use ITR1 to file returns? And do I need to show the global income??
    Thanks
    Ravi

    1. Tax Dost Avatar
      Tax Dost

      Ravi,

      If you are NRI, then you need to show income earned in India only.

  14. RANGA SWAMY Avatar
    RANGA SWAMY

    Hi,
    I am residing in Saudi Arabia since 2011 Nov. I have no earnings from India.
    I used SBI savings bank account for the transfer of money from Saudi to India.
    I also having PPF account in SBI and earned about Rs. 3000/- as an interest from SBI bank.
    It is required to file income tax return? if yes which form shall I fill?
    Please guide me.

    1. Tax Dost Avatar
      Tax Dost

      Hi Ranga,
      Since your total income is less than total Taxable limit ie 2 lac, you are not required to file income tax return in India.

  15. Anil Avatar
    Anil

    Hi,
    I am an NRI working in Oman for the last 8 years.
    I have made a short term capital gain of Rs. 80,000 during financial year 2012-13 through sale of shares. TDS was deducted at 15.45% by ICICIdirect.com. Since I dont have any other income from India, Can I claim a refund of the TDS deducted? I have read somewhere that 15% tax on short term capital gain is must and non-refundable. Kindly clarify this doubt.

    1. Tax Dost Avatar
      Tax Dost

      Anil,
      You need to file income tax return to claim refund of TDS deducted on capital gain made.

      1. Anil Avatar
        Anil

        Hi,

        Thanks for your reply.

        I have downloaded ITR-2 and tried to fill the form. There are two sections in Capital Gains page.
        Column Number 2: Short term capital gain from assets (shares/units) in case of others where section 111A is applicable (STT paid). I think we must fill this column to report short term gain from shares since STT was paid at the time of sale of shares.

        Column Number 3: From assets in case of others where section 111A is not applicable. Which column I should fill. When I fill Point 2 then the main page calculates the tax liability as 15% of Rs. 80,000 and TDS is getting adjusted against the tax liability.

        But If I fill Column 3 then tax refund is equal to the TDS deducted.

        Could you please guide me.

  16. Anil Avatar
    Anil

    Hi,
    Can I file ITR2 mentioning only the TDS details and without mentioning the Short term capital gains ?

    Thanks & Regards,
    Anil

  17. Shishir Choudhary Avatar
    Shishir Choudhary

    Hi,

    First of all I am really very happy to see this site, it is so much helpful for all NRI’s. Appreciated your efforts !

    I have doubts.

    1. I am employed in Iraq from last 2.5 Years, I receive my salary (USD) in my NRO SBI Savings account every month. No TDS is deducted by my company. I have no earnings from India. Just wanted to know whether I am eligible to pay Tax in India.

    2. I haven’t fill Income Tax Return from last 2 years. Whether I need to fill Form-16. If Yes, What will be the penalty on me.

    Please guide !

    Regards,
    Shishir.

    1. Tax Dost Avatar
      Tax Dost

      Income tax is required to be paid and return is required to be filed if your resident or ordinary resident. It all depends on your residential status. For last year since your status NRI, you are not required to file Income tax return in India

    2. Saurabh Avatar
      Saurabh

      Why are you receiving your salary in NRO account. You should make a NRE account to receive your salary as the interest in NRE Account is Tax Free whereas in NRO account the Interest will taxed at 30% flat

      Saurabh

  18. anindya ray Avatar
    anindya ray

    Hi,
    I have been working in China for last 5 years as NRI. I have an NRI account in India and I use to transfer money to NRI a/c. I have a small salary part in India also. Now my question is
    1. The money I send to my NRI a/c is taxable or not.
    2. I invest money to some LIC or Post Office as FD, the interest earned by those FDs will be taxable or not, and do I have to show those in my IT file?
    3. I have two investments in Bonds and one in FD, within the NRI a/c bank, designed for the NRIs. The bank says those are tax free. Do I have to show them in the IT file? Will be the total amount ( the capital and the interest ) taxable ?

    Thanks.
    Sincere regards,
    Anindya.

    1. Tax Dost Avatar
      Tax Dost

      Interest income you have earned in Post office and FDs is taxable and required to shown in your income tax return. However, interest income earned from NRI account, is tax free and you can show this in Exempt income while filing your tax return

  19. Yavnish Adlakha Avatar
    Yavnish Adlakha

    Hi I am a resident of Dubai (UAE)

    I would like to Gift a Car to my Father in India. I would like to know that will he or me will be liable for any TAX on this?

    Thanks & Regards,
    Yavnish

    1. Tax Dost Avatar
      Tax Dost

      Yavnish, There is no income tax on gift of car made by you to your father.

  20. Atul Avatar
    Atul

    I am an NRI. I have three flats. One flat i m owner. Other two flat we both husband and wife are owner.

    Yearly rent income is Rs.5,00,000 plus.

    can we split the rent income between us.

    example:

    2 flat rent — Rs.11000 and Rs.17000 = Rs.3,36,000/- to my account and income tax calculation on my name.

    1 flat rent – Rs.15000 = Rs. 1,80,000 in wife account and she will be responsible for income tax.

  21. Vani Avatar
    Vani

    Do I have to include my child’s (Minor)interest income earned on her fixed deposit with bank in my total income while submitting form 15 G or while filing return. At present my total income including my child is below the taxable limit.

  22. Gopi Avatar
    Gopi

    I am working abroad since April 2013 and have interest income from PPF, FD and Post office savings. Is the interest from PPF taxable? If not, is this to be declared under Exempt income when filing returns for AY 2014-15?

    1. Tax Dost Avatar
      Tax Dost

      PPF interest need to be declared in exempt income coloumn

  23. Abdul Avatar
    Abdul

    Hi,
    I am living abroad for the last 2 years. I receive rental income from my apartment. Apart from house loan interest and 30% deduction on rent is there any deduction allowed? eg: maintanance fee towards housing society etc.
    Thanks

    1. Tax Dost Avatar
      Tax Dost

      Apart from Housing loan interest you can claim house tax benefit

  24. Neeraj Avatar
    Neeraj

    Hi, Am living abroad for last 2 years. I already have PAN Car issued in India, do I eed to apply for NRI PAN Card as well for applying returns. Thanks

    1. Tax Dost Avatar
      Tax Dost

      Single Pan card is sufficient for all Income tax purpose. NRi’s dont have to apply for seperate PAN

  25. Dinesh J. Avatar
    Dinesh J.

    Hi,
    Thanks for supporting the community by your advice which is very helpful.
    I am an NRI for last 35 years. I have never ever filed any ITR as there was small dividend and bank interest income very much less than exemption limits in these years.
    In FY 2014-15, I have sold my demat holdings which were with HDFCSEC. NRO holdings were all long term and HFDCBANK has credited whole proceeds net of STT to my NRO a/c. In NRE holdings few were short term on which HDFCBANK has deducted TDS and credited my NRE a/c net of STT.
    In addition, in FY 2014-15 I am planning to sale my allotments of house and office properties. These were booked 4-5 years ago and I intend to sale them before taking possession. There will be no Long term capital gain if indexation factor is applied.
    My question is whether I will be required to file ITR for FY 2014-15 because of nature of these transactions although no taxable income.
    And should I file the NIL tax return for FY 2013-14 to prepare the file in advance.
    Thanks

    1. Tax Dost Avatar
      Tax Dost

      Please file return in year of sale ie for FY 14-15 (AY 15-16)

  26. Sumit Borard Avatar
    Sumit Borard

    Hi,
    FY 2013-14, I am NRI and have earned salary of over 5 Lacs in UAE and also around 30,000 in India.
    What is taxability of my income and guide me for filing ITR as where to mention abroad salary income that is exempt in India.

    1. Tax Dost Avatar
      Tax Dost

      Being NRI, you are not required to show this income in ITR in India. You only need to show salary earned in India

  27. Ashutosh Avatar
    Ashutosh

    I am in Singapore since Sept 2011. I filed ITR for FY2011-12 since I got Form 16 from India employer and after that there was no income from India. However, I have saving account in India on which I use to transfer fund from my Singapore bank account for paying LIC(INR 77,790/annum) installment, Mutual Fund (G) SIP(1,56,000/annum) installment and home loan installment(2,91,420). Is it mandatory for me to file the ITR for FY 2012-13 and FY 2013-14.

    1. Tax Dost Avatar
      Tax Dost

      You are not required to file income tax return if you dont have any income in India and your status is NRI.

  28. Vivek Avatar
    Vivek

    I sold a property when i was an NRI which incurred capital loss. Buyer also deducted 1% TDS on immovable property for it.

    1. which account i need to put in the ITR . NRE or NRO or saving account in india.

    2. Can i claim a TDS refund for immovable property.

  29. Prasenjit Deb Avatar
    Prasenjit Deb

    In the financial year 2013-2014, I was out of India for 180 days. Though I did not work in India and had no earnings other than interest paid by bank in my Savings and NRE accounts. All my salaries were transferred from my Overseas account to my NRE account. What should I do for filing my return for AY 2014-15?

    Please suggest.

    1. Tax Dost Avatar
      Tax Dost

      You need to file return for interest income and salary received in India

  30. Simanta Bordoloi Avatar
    Simanta Bordoloi

    I am working for a PSU and posted to Thailand where I joined duties on 25th September 2013. My total salary received in India till 24th September is INR 480000 and tax deducted at source is INR 70000.
    I have been given to understand that a person when posted abroad stays less than 180 days in a financial year in India is eligible to get full refund of income tax deducted in India.
    I joined duties at Thailand on 25th September 2013 which means I stayed less than 180 days in India and therefore makes me an NRI..
    Please advise as I am told that I’ll get only 27000 rupees as refund.

    1. Tax Dost Avatar
      Tax Dost

      You dont get full refund. You are liable for tax only for India portion of income and as per tax slabs.

  31. BIKASH AGARWALA Avatar
    BIKASH AGARWALA

    Hi,

    I am an NRI living in Mozambique for 4 years. I have salary income here in Mozambique. I have invested funds in FDs, MFs, Shares etc. And i have income from interest and capital gain/loss (short and long term both). And so will submit ITR2. Now my question is if i have to mention my Mozambican salary income somewhere in the ITR form. Please advise.

    1. Tax Dost Avatar
      Tax Dost

      Sir, Being a NRI, you are not required to add outside income in India Income tax return.

  32. Uddharan Basak Avatar
    Uddharan Basak

    Pension credited in my Indian a/c from United Nation is tax exempted. Whether I am to show this amount in my tax filing. Kindly advise.

    1. Tax Dost Avatar
      Tax Dost

      Uddharan, Income from United nation is exempt income and is not required to show in your income tax return. Also no income tax return is required to filed. However you are required to file income if you are earning any income from interest income or income from house property.

  33. Ashi Avatar
    Ashi

    Hi,
    I live in UK for last 7 years. I became British Citizen and my earning is in UK only. I bought a Flat in India for my own use in the Financial year 2012-13. I have got Housing Loan from HDFC. Flat is not rented. I am not earning any money from that. Do I need to file income Tax Return in India in that Financial year.
    Regards,
    Ashi

    1. Tax Dost Avatar
      Tax Dost

      Since there is no income in India you are not required to file income tax return

  34. Babu Bhatt Avatar
    Babu Bhatt

    I am a NRI and have NRO, NRE and three Fixed Deposit accounts, I pay taxes on earned interests. How can I claim my TDS. Do I go to a Chartered Accountant? How far back can I claim my TDS?

    1. Tax Dost Avatar
      Tax Dost

      Interest in NRE is Tax free. Interest earned in NRO accounts and others income in India is taxable. You need to file income tax return to claim TDS refund. We can assist you in filing Tax return. Please visit this page for correct package.

  35. Krishna Avatar
    Krishna

    Hi Im a sailor NRI , I would like to know what how I would be able to file IT returns if the Bank that im trying to take housing loan is asking me to file IT returns before taking loan? I My income is purely from outside india and I dont have any other source of income from india.. Is there any filing for zero returns?

  36. ASHOK Avatar
    ASHOK

    I am NRI since last one FY. I had been filing returns when I was resident. I had been taking deductions under sec-80c against NSCs. Please advise if interest generated through NSCs also taxable? If yes, what I can do now. Also the income to be filled in ITR is what is earned in India? and not which is transferred to my NRE account? Please advise. Also advise is it necessary to file ITR for me since I do not have any source of income in India, other than NSCs which was earlier done. (NSC amount done previously in range of INR 1 LAC TO 2 LAC PER ANNUM)

  37. dipak Avatar
    dipak

    I have NRE FD and it’s maturity date is in sep-2023. If my NRI status is change to resident Indian before Sep-2023. I have to pay income tax on interest earning from my NRE FD due to status change or not?

  38. Vaibhav Jain Avatar
    Vaibhav Jain

    I am having Employment in Malaysia via Indian Employer. I am getting paid in India and Malaysia both places and TDS is being deducted in both the countries according to respective country’s tax law.
    How should I go about filling income tax return in both the countries. Do I need to show my Malaysian income while filling Tax Return in India as I will be frequently sending money to India from Malaysia.
    Which ITR should I file?

    1. Tax Dost Avatar

      Your filing tax return is dependent your residential status. If your status is Resident , then you need to show all income in your tax return. If your status is NRI, then only income from India need to be shown.

  39. Omkar Avatar
    Omkar

    Hi,
    I would like to thank you for your effort and so useful information on this Web.

    My question is.
    I am NRI since 2011. Last year(2014) i sold an apartment in India which I bought in year 2009. I bought a new apartment using the money from sale. I like to know How i can file the Tax return?

    Regards,
    Omkar Rai

    1. Tax Dost Avatar

      You need to use ITR 2 for filing income tax return and show capital gain calculations properly.

  40. Sukhjinder Bhatti Avatar
    Sukhjinder Bhatti

    I am NRI and i had few fixed deposit interest incomes since 2010 from my NRE/NRO accounts and i believe TDS was done at 30% rate. For how many years back we can go to claim a refund. E.g can i claim a refund for FDs interest income accrued in year 2010 ?

    Further i am planning to invest in Mutual Funds now. At what rate the Tax will be deducted on both the dividends and sales. And will the TDS be higher than the normal rate, which will need to be claimed back from the income tax deptt later on.

    Many thanks.

  41. Kajal Avatar
    Kajal

    My husband works in abroad. He has no income in India. Still he wants to file a zero income return. which ITR should he use? Thanks in advance.

    1. Tax Dost Avatar

      Your husband may use ITR for filing his income tax return.

  42. Pradeep Kumar Agarwal Avatar
    Pradeep Kumar Agarwal

    my nri daughter is not able to view her 26 AS from USA. how to go about it.
    thanks

    1. Tax Dost Avatar

      Income tax department has controlled viewing of 26AS from outside India.
      Option 1) You can view her 26AS and share with her.
      Option 2) you can use proxies like tunnel bear, these sites hide your IP address and they make IT site beleive that any user from India is trying to view 26AS form.

  43. CHINTAN DALWADI Avatar
    CHINTAN DALWADI

    sir i have been working in saudi arabia and sending money in india @2 lacs/ month, is it considered in annual income and should i pay income tax

    1. Tax Dost Avatar

      There is no tax on income on NRI for Money remitted by them to India.

  44. Srikanth Avatar
    Srikanth

    Sir,
    I would like to know if an Indian citizen is employed abroad and he/she discharges his employment duties onboard a foreign flag ship (as a seafarer), all the source of income is coming from the foreign employer into the NRE account in India, will the person be still considered as NRI even if he fails to make 183 days abroad.
    For the sake of argument if he worked abroad for only 160 days in a FY year will he has to pay tax in India for the income earned through his employment overseas?

  45. harsh jain Avatar
    harsh jain

    i am nri residing in US. i have capital gains income .while filing IT return should i fill my US address.

  46. Prerna Avatar
    Prerna

    hi ,

    I am resident of Dubai for FY 2015-16 and have only Interest income on which TDS is deducted . Please help me with the ITR form to file ITax Return.

    1. Tax Dost Avatar

      Hello Prerna,

      Since you are NRI and only getting interest income, you should use Income Tax Form ITR 1 for filing your income tax return.

  47. Mansoor Avatar
    Mansoor

    I am an NRI but have been maintaining both NRI & NRO accounts, Bank is regularly deducting TDS from NRO for which I have an acknowledgement from Traces and same is reflecting in my bank records. Since I reside outside india , do I have to still file returns.

    1. Sapna Gupta Avatar

      Yes, Sir, you should file your income tax return to claim your income tax refund.

      1. Mansoor Avatar
        Mansoor

        Thanks for your reply. Now how do i do it since i reside abroad, can i do it online and if so could you please assist me.

        Thanks
        Mansoor