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Moment guide · FY 2026-27

I am leaving India and becoming an NRI

Do I pay Indian tax after I leave India?

Sec 6(1)Sec 5Sec FEMASec 194AVerified 2026-08-11

Your status depends on the 182-day test: 182 days or more in India makes you a resident for that year, taxable on global income; below that you are a non-resident taxed only on India-source income. NRO interest, rent and capital gains on Indian assets stay taxable, often at higher NRI TDS rates, while NRE interest is tax-free. Convert resident accounts to NRO/NRE within 6 months under FEMA.

Your legitimate options

Every route the statute actually gives you — with its condition, cap and deadline.

RouteConditionCap / deadline
Above 182 days — resident182 days or more in India in the FY makes you a resident, taxable on global income for the yearGlobal income for the full year
Below 182 days — non-residentAfter the year you become an NRI, only India-source income (NRO interest, rent, capital gains) is taxableForeign income outside the Indian net
NRO/NRE conversion within 6 monthsConvert resident accounts to NRO/NRE within 6 months of becoming an NRI (FEMA requirement)NRE interest tax-free; NRO interest taxed

The #1 trap

Assuming all your Indian income stops being taxed — NRO interest, rent and capital gains on Indian assets remain taxable, with higher NRI TDS rates (for example flat 30% on NRO interest with no basic-exemption set-off). The other miss is the 6-month FEMA window to convert resident accounts; after it lapses, funds and interest get tangled.

The decision path

Follow it top to bottom — the first condition that matches is your answer.

  1. IF you spend 182 days or more in India in the FY → you are a resident for that year, taxed on worldwide income.
  2. IF you spend fewer than 182 days → you are a non-resident; only India-source income is taxed after that point.
  3. IF your NRO account earns interest → it is taxable in India, with TDS at 30% and no basic-exemption adjustment.
  4. IF your NRE account earns interest → it is tax-free while you remain an NRI.
  5. IF you hold resident accounts → convert to NRO/NRE within 6 months of becoming an NRI under FEMA.
  6. IF you earn rent or capital gains in India → report them; NRI TDS rates are higher than resident rates. [VERDICT: NRI does not mean tax-free on Indian income.]

Worked example

Anil, banker relocating from Mumbai to Singapore

Anil leaves Mumbai for Singapore on 1 November 2025, having spent 304 days in India in FY 2025-26, which is more than 182, so he is a resident for AY 2026-27 and his global income for the full year, including the Singapore salary from November, is taxable in India. He files his Indian return as a resident that year. From FY 2026-27 onward his stay in India is expected to be under 182 days, so he becomes a non-resident. His NRO account continues to hold his old savings, and the bank deducts TDS at 30% on the NRO interest under section 194A without allowing him the basic exemption, because non-residents do not get the resident's exemption set-off for NRO interest. His fixed deposits of ₹25,00,000 earn ₹2,00,000 a year, on which the bank deducts ₹60,000 as TDS. His NRE account, opened on arrival in Singapore, earns interest that is fully tax-free while he remains an NRI. Within six months of his departure, Anil converts his resident savings account into an NRO account, because FEMA requires the conversion and a resident account held by an NRI is not permitted. His rental income of ₹3,60,000 a year from a Mumbai flat is taxable in India, with the tenant deducting TDS under section 195 at the NRI rate. When he later sells the flat, capital gains will be taxed in India with the buyer withholding TDS on the sale consideration. Anil's Singapore salary, once he is a non-resident, is outside the Indian tax net. A quick call with us dials in the final figure. Anil also checks the 182-day test against the alternative residency conditions: if he had ever been in India for 365 days or more in the four preceding years and 60 days or more in the current year, he could be a resident even below 182 days, unless the 60-day test is relaxed for Indian citizens leaving India for employment. As a citizen leaving for employment, the relaxation applies, so his day count alone decides the first year. His NRO interest of ₹2,00,000 attracts 30% TDS, and the bank does not apply the basic exemption, so his refund position depends on his total Indian income. If his total income in the non-resident years is below the exemption limit, he still files to claim the TDS credits. A quick call with us dials in the final figure.

Claims influencers make about this moment

Questions people actually ask

How is NRI status determined?

The 182-day test on the financial year decides residency. 182 days or more in India makes you a resident for that year; below that you are a non-resident.

What Indian income stays taxable for an NRI?

NRO interest (30% TDS), rental income, capital gains on Indian assets and dividends remain taxable. NRE and FCNR interest are tax-free.

When must I convert my resident accounts?

FEMA requires conversion of resident accounts to NRO/NRE within 6 months of becoming an NRI. NRE interest stays tax-free; NRO interest is taxable.

Income Tax CalculatorTDS Rate FinderOr talk to us about your numbers →

Sections: 6(1), 5, FEMA, 194A · Last verified 2026-08-11 · Reviewed by Harun Raaj & Associates, Chartered Accountants. Every figure cites the Income-tax Act, 1961 (with ITA 2025 mapping via our section index).