Income tax guide for NRIs returning to India from abroad: Here's how to understand your tax liabilities for smoother transition

Economic Times

7 days ago

Getty Images India's tax laws classify individuals into three categories: NRI, Resident but Not Ordinarily Resident (RNOR), and Resident and Ordinarily Resident (ROR). For non-resident Indians (NRIs) who have spent years abroad, homecoming isn't just a change of address, it's a full-circle moment. There's a mix of excitement, nostalgia, hope, and even a bit of nervous anticipation. One isn't just relocating, but rediscovering. Your relatives may welcome you with open arms, but the Income Tax Department greets you with Form 26AS and a fresh set of tax rules. If you're planning to settle in India, understanding how your tax residency status changes—and what that means for your income—is as important as getting your shipping container through customs.
Contrary to the notion that NRIs' entire global income becomes taxable the moment they return to India, the tax liability here in fact is determined primarily by the number of days they've been physically present in the country during the concerned financial year.
India's tax laws classify individuals into three categories: NRI, Resident but Not Ordinarily Resident (RNOR), and Resident and Ordinarily Resident (ROR). Take the example of Aryan. After a 12-year stint in the US, he permanently returns to India at the start of July. As he'll spend over 182 days here in the year 2025-26, he'll be classified as a resident for the fiscal. But it doesn't mean all his overseas income—like interest on his US savings or rent from a property in New York—becomes taxable here right away.By virtue of being a non-resident during nine of the last 10 years or spending less than 730 days in India over the last seven years, Aryan qualifies for the transitional status of RNOR which gives him temporary tax relief.Varying individually, the RNOR tag keeps one's foreign income outside India's tax net for 2-3 years. For many returning NRIs, this window offers a chance to reorganise finances.However, once the RNOR window expires, Aryan will transition to ROR status. His income from anywhere in the world—including rent from overseas property, dividends from foreign stocks, interest earned in offshore accounts, gains from selling cryptocurrency or US-based ETFs—becomes taxable in India.
Liabilities and exemptions on landing
Aim for a smooth transition So, as an NRI, how can you have a smoother tax transition? A few smart strategies while planning your homecoming can go a long way
a. Preserve NRE and FCNR accounts Interest on foreign currency non-resident (FCNR) deposits is tax-free until maturity, even after you become an ROR. Non-resident external (NRE) interest is exempt only while you are an RNOR. You may retain these accounts after returning, for a while. Plan withdrawals and maturities accordingly.
b. Disclose foreign assets On becoming an ROR, you must report all foreign assets (FA) and income in the Schedule FA part of the Indian tax return. Nondisclosure can attract steep penalties under the country's Black Money Act.
c. Use DTAA Benefits India has tax treaties with over 90 countries. Say, you receive a pension from Canada or dividends from US stocks, you can avoid double taxation as treaties with these nations let you claim credit for taxes already paid abroad.
d. Time your return strategically If you return after 2 October, your stay for that fiscal remains under 182 days, enabling you to retain NRI status for one more year.
e. Plan property sales after your return If you plan to sell your property in India, wait until after you return and become a resident. If you're an NRI, the buyer must deduct TDS at 20% on the sale value. For residents, it is 1%.
f. Mind your foreign retirement accounts Many NRIs return with retirement assets, like a 401(k), UK pension, or Gulf EPF. While these remain tax-deferred in their country of origin, once you become an ROR, any withdrawal— even if retained abroad—may face taxes here. Consider staggered withdrawals, DTAA application, or repatriation planning.
g. ESOPs and RSUs If you have unvested stock options or restricted stock units (RSUs)—such as employee stock ownership plans (ESOPs) awarded on the basis of fulfilment of certain conditions in future from your previous foreign employer— tread carefully. If they vest or are exercised after becoming ROR, the gains—whether cash or notional—will be taxable in India.
h. Choosing old or new tax regime
Upon return, you'll have to choose between the old tax regime (with exemptions like 80C, 80D, home loan benefits) or the new tax regime (lower rates, no deductions). RNORs may pick either. If you have NPS, insurance, or housing loan deductions, the old regime may be beneficial. Evaluate year-by-year.
i. What to know about ITR filing For the fiscal of your return, filing needs will depend on residential status and income: If you're an RNOR and your Indian income exceeds `4 lakh, filing ITR is mandatory.
If you're still an NRI (i.e., stayed less than 182 days) with only exempt NRE/FCNR interest, you may not need to file ITR.
Once you turn ROR, you must file ITR and report all global income and foreign assets. In most cases, ITR-2 is the correct form for returning NRIs with foreign income or assets. Review your AIS carefully before filing and seek guidance if any foreign income appears. So, as you plan your homecoming, don't forget to pack your tax strategy along with your memories.
The Author is FOUNDER, TAXAARAM INDIA AND PARTNER, SM MOHANKA & ASSOCIATES
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