NRI Corner — cross-border tax, done the right way.

Section 6 of the Income-tax Act looks at days of presence. The general rule: an individual is resident if present in India for 182 days or more in the previous year, OR for 60 days or more in the previous year and 365 days or more in the four preceding years. The 60-day rule is relaxed to 182 days for Indian citizens and persons of Indian origin visiting India. A separate “deemed resident” rule applies to high-income NRIs with global income above Rs.15 lakh.

Required if your India-sourced income exceeds the basic exemption limit, OR if you want to claim a refund of TDS deducted at source, OR if you want to claim DTAA treaty relief. Many NRIs file even when not strictly required, to keep the income-tax record clean for future property sales, repatriation and visa applications.

Form 15CB is a chartered accountant’s certificate on the tax position of an outbound remittance from India. Form 15CA is the corresponding declaration filed by the remitter on the e-filing portal. Both are required by AD banks before they process most outbound remittances from NRO accounts, repatriation of sale proceeds, dividend remittance to foreign shareholders and other cross-border transfers.

If you’re an NRI seller, the buyer must deduct TDS under Section 195 — 20% (or 12.5% under the new regime) on long-term capital gains, 30% on short-term. The buyer needs a TAN and files Form 27Q (not the standard 26QB). To reduce the TDS, you can apply for a lower-deduction certificate under Section 197 via Form 13. We handle both sides — the buyer’s TDS and the seller’s Section 197 application.

USD 1 million per financial year, under FEMA, after due tax payment in India and supporting documentation. Each remittance needs Form 15CA / 15CB. The USD 1 million limit applies to remittance out of balances in NRO accounts; remittances from NRE / FCNR accounts are freely repatriable without this cap.