Saving Mantra Blog: Current Income in India for NRI – Taxability & Compliance
NRIs earning current income in India—such as salary, business income, or professional fees—must understand tax implications, TDS obligations, and DTAA provisions. Proper compliance avoids penalties and ensures smooth financial management.
This guide explains taxability, residential status, TDS under Section 195, DTAA, and reporting requirements for NRIs in India.
✔ Step 1: Determine Residential Status
Residential status under Income Tax Act, Section 6 determines tax liability:
- Resident: Stay ≥182 days in India (or other criteria) → Global income taxable
- Non-Resident (NRI): Stay <182 days → Only income received or accrued in India taxable
- Resident but Not Ordinarily Resident (RNOR): Special rules for foreign income
Why it matters: Only income taxable in India should be reported.
✔ Step 2: Identify Current Income in India
Common types of NRI income in India:
- Salary from Indian employer
- Fees for professional services rendered in India
- Rental income from property
- Interest from Indian bank accounts and deposits
- Business or trading profits from Indian operations
✔ Step 3: Understand Taxability
- NRI income received/accrued in India is taxable at normal slab rates or special rates
- Salaries are taxed under Section 192
- Fees for professional services are taxable as “Income from Business/Profession”
Note: Foreign income of NRI is not taxable in India, unless they become a resident.
✔ Step 4: TDS Under Section 195
When NRIs earn payments from Indian sources, TDS under Section 195 applies:
- Deductor (payer) must withhold tax at applicable rates
- TDS applies to:
- Salary, professional fees, rent, interest, royalties
- NRIs can apply for Lower/No TDS Certificate under Section 197 if tax liability is less than TDS
Compliance tip: Ensure PAN and proper TDS deduction to avoid future disputes.
✔ Step 5: Double Taxation Avoidance Agreement (DTAA)
- India has DTAA with multiple countries to avoid taxing same income twice
- NRIs can claim foreign tax credit on tax paid abroad for income also taxable in India
- Forms required: Form 67 for claiming FTC
Example: Salary earned in India is taxable in India, but foreign income taxed abroad can claim credit.
✔ Step 6: Filing Income Tax Return
- NRIs must file ITR-2 if no business income, or ITR-3 if business income exists
- Report:
- Salary, rent, professional fees, capital gains
- TDS deducted (Form 26AS)
- Foreign tax credits if DTAA applicable
- File before due date to avoid penalty
✔ Step 7: Maintain Proper Documentation
- PAN card and passport
- Salary slips, rent receipts, bank statements
- TDS certificates and Form 16/16A
- DTAA documents and foreign tax paid proofs
These records help in audit or dispute resolution.
✔ Step 8: Penalties for Non-Compliance
- Non-filing or late filing attracts penalties under Sections 234A/B/C
- Non-deduction of TDS under Section 195 may lead to interest and penalties
- Proper filing and compliance ensures smooth financial operations in India
FAQs – Current Income in India for NRI
Q1: Are NRIs taxed on income earned outside India?
A: No, only income received or accrued in India is taxable. Foreign income is exempt unless the NRI becomes a resident.
Q2: What is Section 195 TDS for NRIs?
A: Any payment made to NRIs from Indian sources (salary, rent, fees, interest) requires tax deduction at source under Section 195.
Q3: Can an NRI claim DTAA benefits?
A: Yes. NRIs can claim foreign tax credit under DTAA to avoid double taxation.
Q4: Which ITR form should NRIs file for current income?
A: ITR-2 for income from salary, property, or capital gains; ITR-3 if business/professional income is included.
Q5: Can an NRI reduce TDS on professional fees in India?
A: Yes, by applying for a Lower/No TDS Certificate under Section 197 with the Income Tax Department.
Conclusion
NRIs earning current income in India must carefully manage taxation, TDS, DTAA benefits, and IT filing. By following this step-by-step guide, NRIs can ensure legal compliance, optimize taxes, and avoid penalties.
Disclaimer
This blog is for informational purposes only and does not constitute tax or legal advice. Tax rules, TDS provisions, and DTAA agreements may change. NRIs should consult qualified tax professionals before filing income in India.