How to Determine NRI explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Your residential status decides how you are taxed in India. Here is how to determine whether you are an NRI.
Basic rule
- Resident if you stay 182 days or more in India in a year
- Or 60 days in the year and 365 days in the preceding 4 years
- Otherwise, you are a Non-Resident (NRI)
Special cases
- The 60-day rule extends to 182 days for Indian citizens leaving for employment or as crew
- Deemed residency for high-income Indian citizens not taxed elsewhere
Why it matters
Residents are taxed on global income; NRIs only on Indian income.
Frequently Asked Questions
How is NRI status determined?
Based on days of stay — under 182 days (and the 60/365 test) generally makes you an NRI.
What is the 182-day rule?
Staying 182 days or more in India in a year makes you a resident.
Are NRIs taxed on global income?
No — only on Indian-source income.
What is deemed residency?
High-income Indian citizens not taxed elsewhere can be deemed residents.
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