Harun Raaj & AssociatesHarun Raaj & Associates

Non-Resident Indians · NRI / RNOR · Hyderabad · Bangalore

NRI tax filing India: the RNOR window, FEMA account conversion, Schedule FA, and TDS on India income — all in one place.

NRI tax compliance has four distinct layers — residential status, FEMA account structure, mandatory foreign asset disclosure, and income-source-specific TDS. Most NRI-focused filing services handle the ITR only. We handle all four.

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The four layers

NRI compliance is not just an ITR.

The ITR is the output. Residential status determination, FEMA account structure, and Schedule FA disclosure are the inputs — and they must be correct before the ITR is filed.

01

Residential status — the foundation of everything

Indian income tax is structured around residential status under section 6. NRI, RNOR (Resident but Not Ordinarily Resident), and Resident carry different tax obligations. The RNOR status is available for the first 2–3 years after returning to India and exempts foreign income — but only if the conditions under s.6(6) are met. Computing this wrong either overtaxes a returnee or misses a notice trigger for a departing resident.

s.6(1), s.6(6) · NRI / RNOR / Resident · 182-day rule

02

Schedule FA — mandatory foreign asset disclosure

Every Indian tax resident (including RNOR) who holds any foreign asset — bank account, brokerage account, life insurance, immovable property, pension fund — must disclose it in Schedule FA of the ITR. The obligation exists even if no income is earned. Non-disclosure is a Black Money Act violation with penalties up to three times the asset value. This is the most commonly missed compliance item for returnees.

Schedule FA in ITR-2/3 · Black Money Act 2015 · all asset types

03

NRE / NRO / RFC — account conversion and repatriation

NRE accounts are fully repatriable and interest is exempt. NRO accounts hold India-earned income — repatriation capped at USD 1 million per year with CA certificate in Form 15CA/15CB. When an NRI returns permanently, accounts must be converted: NRE → RFC (for foreign funds), NRO → resident savings. Wrong account type after return triggers FEMA violation — both bank and account-holder are responsible.

FEMA s.6 · NRE/NRO/RFC conversion · 15CA/15CB · USD 1M repatriation cap

04

TDS on India income — buyer's and payer's obligation

When a non-resident sells Indian property, the buyer must deduct TDS at 20% (or DTAA rate if applicable) under section 195 — not 1% like a resident seller. Many buyers deduct 1% by mistake, creating a TDS shortfall and notice for both parties. Similarly, rent paid to NRI landlords and interest on NRO accounts are subject to TDS at source. DTAA relief must be claimed proactively via Form 10F and tax residency certificate.

s.195 property TDS · s.194A NRO interest · DTAA Form 10F · Tax Residency Certificate

RNOR explained

The 2-year window most returnees miss.

Who qualifies

NRI for 9 of the last 10 years, OR spent less than 729 days in India in the last 7 years. Both tests are run each year separately.

What it exempts

All foreign-source income — overseas salary, interest, dividends, capital gains on foreign assets — is exempt in India during the RNOR years.

What it doesn't exempt

India-source income — rent, interest on NRO accounts, capital gains on Indian assets — is taxable even during RNOR. Only foreign income is exempt.

How to use it

Accelerate foreign asset sales, RSU vests, and NRE interest crystallisation within the RNOR window. After RNOR expires, all global income is taxable.

RNOR planner →

Our engagement

Six tracks for complete NRI compliance.

01

Residential status determination

Day-count analysis for section 6 NRI / RNOR / Resident determination for current and prior years — including s.6(1A) deemed-resident provisions.

Annual

02

ITR-2/3 with Schedule FA

Complete ITR with Schedule FA foreign asset declaration, RNOR foreign income exclusion, India capital gains, salary, and rental income.

Annual

03

FEMA account management

NRE/NRO/RFC account conversion on return, repatriation planning, 15CA/15CB certificates for NRO remittances.

Event-driven

04

Property transaction TDS

s.195 TDS computation on property sale by NRI — buyer's obligation, lower-deduction certificate if applicable, DTAA rate determination.

Event-driven

05

DTAA benefit filing

Tax Residency Certificate procurement, Form 10F filing, DTAA rate application to reduce TDS on income paid from India.

Annual / event-driven

06

RNOR planning for returnees

Maximise the RNOR window on return — restructure timing of foreign income realisation, RSU vest, and asset liquidation within the exempt period.

One-time on return

Common questions

Statute-cited answers.

I returned to India two years ago. Am I an NRI or resident now?

After returning to India, most people become Resident but Not Ordinarily Resident (RNOR) for 2–3 years before becoming Resident. RNOR status under section 6(6) applies when you were NRI for 9 of the last 10 years or spent fewer than 729 days in India in the last 7 years. While RNOR, your foreign income (from overseas employment, interest, capital gains) is not taxable in India — only India-sourced income is. Once you no longer qualify for RNOR, all global income becomes taxable. The exact classification requires a day-count analysis for each financial year separately.

I have an NRE account and an overseas brokerage account. Do I need to disclose them in my ITR?

Yes — both. Any Indian tax resident (including RNOR) who holds a beneficial interest in a foreign bank account or foreign brokerage/security account must declare it in Schedule FA of the ITR every year. The obligation exists even if the accounts earned no income that year and even if the assets are fully compliant under FEMA. Non-disclosure in Schedule FA is treated as an undisclosed foreign asset under the Black Money (Undisclosed Foreign Income and Assets) Act, 2015, carrying penalties up to three times the value of the asset. NRE accounts in India are not foreign assets — but an account in a US or UK bank is.

I am selling my flat in Hyderabad as an NRI. What TDS does the buyer deduct?

The buyer must deduct TDS at 20% (plus surcharge and cess, which can bring the effective rate to 22-23%) under section 195 on the capital gains arising to you as a non-resident seller. This is different from resident sellers where the buyer deducts 1% under section 194IA. If you have a valid DTAA claim (e.g., you are a resident of the UAE where the India-UAE DTAA applies), the buyer can deduct at the DTAA rate, but only after you obtain a Tax Residency Certificate from your country of residence and provide a Form 10F declaration. Without a DTAA certificate, 20% applies regardless. You can also apply for a lower-deduction certificate from the Income Tax department if your actual gains are lower than the gross sale value.

My NRE account earns interest. Is it taxable in India?

Not while you are an NRI. Interest on NRE accounts is exempt from Indian income tax under section 10(4)(ii) for non-residents. However, once you return to India and are classified as Resident (not RNOR), the NRE account interest becomes taxable. During the RNOR period, the exemption continues until you become a full Resident. This is one reason why timing the NRE account conversion to RFC or resident savings account matters — the conversion should happen at the right point in the residential status transition to avoid unnecessary taxation.

Can I repatriate funds from my NRO account freely?

Repatriation from NRO accounts is subject to a limit of USD 1 million per financial year per individual, net of applicable taxes. The repatriation requires your Authorised Dealer (AD) bank to obtain Form 15CA (a declaration by the remitter) and Form 15CB (a certificate from a Chartered Accountant confirming tax compliance on the funds). The CA certificate in Form 15CB must certify that taxes on the NRO funds have been paid and the repatriation complies with FEMA. Funds in NRE accounts are freely repatriable — no form or limit required.

Book a diagnostic

NRI diagnostic — 45 minutes.

We determine residential status, check FEMA account structure, review Schedule FA obligations and plan the RNOR window. No obligation until you know your full compliance picture.

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Residential status calculator →RNOR planner →FEMA account selector →NRI investment route finder →Property TDS calculator →Schedule FA wizard →LRS TCS calculator →