How this is worked out
Your residential status is decided separately for each tax year, 1 April to 31 March. The planner builds your history year by year, then runs the same tests as our residency status checker on every year, from the year before you move to the first year you’re resident and ordinarily resident. It’s one part of moving back to India, where the other guides cover what to do in each year.
The year you move back
The planner treats coming back to live as not a visit, so both day tests apply to you in full 2025 Act s. 6(2)-(5)was s. 6(1). That’s the natural reading of the visit rule, which covers someone who “being outside India, comes on a visit”, but the Act doesn’t say how visits earlier in the same year are treated, and there’s no official guidance. If your return-year days fall between the two tests, ask a CA. You’re resident that year if you spend 182 days or more in India, or 60 days or more with 365 days over the previous 4 years. Frequent visits can make the second test bite, so a move in February can still make you resident. If neither test is met, you’re a non-resident for the whole year.
RNOR, and when it ends
A resident is not ordinarily resident (RNOR) in a year if either of these is true 2025 Act s. 6(13)was s. 6(6):
- you were a non-resident in 9 of the previous 10 tax years, or
- you spent 729 days or less in India over the previous 7 tax years.
The first test usually covers your first year or two back. The second can carry you one more year, until two full years in India push the total past the limit. The planner shows which test applied each year. While you’re RNOR, India taxes your Indian income, but not income earned abroad unless it comes from a business controlled in, or a profession set up in, India 2025 Act s. 5was s. 5.
Your years abroad
Each year abroad is decided too, because a year when you were resident, even as RNOR, isn’t a non-resident year. That happens if you visit for 182 days or more, or for 120 days or more (with 365 days over the previous 4 years) when your Indian income is above ₹15 lakh. It also happens, however short your visits, if you’re a citizen with Indian income above that threshold who isn’t liable to tax in the country you live in: you’re a deemed resident, and RNOR.
How your return date changes this
Under the result, the planner tries every return date across this tax year and the next, and groups the dates that give the same answer. Two dates matter most: the one that keeps your return-year days below a day test, and the one that keeps two years’ days within 729 days.
What the planner leaves out
Assumptions
- Each year abroad is a whole tax year. Years before those count as full years in India, as a resident.
- In the year you move, your days are your visits before the move plus every day from the move to 31 March, scaled down if you’ll spend less than the full year here.
- After the move you live in India, so no later year counts as a visit, and you’re not liable to tax anywhere else.
- Your Indian income is above or below the threshold in every year alike.
- The deemed-resident rule applies in any year where you tell the planner you weren’t liable to tax abroad and your Indian income is above the threshold.
- The 120-day route to RNOR is applied only to someone made resident by the visitor rule. A literal reading of the Act could also make a returning citizen with high Indian income and 120 to 181 days RNOR; the planner takes the narrower, safer reading.
- Your status for FEMA, which decides your bank accounts, is a separate question.
What to do with your result
Write down your RNOR years and the date they end. That’s your window to sell foreign investments, move money home and restructure accounts while foreign income and gains stay outside Indian tax. Our guide to RNOR status covers what to do in those years, and what changes in your return each year.
When to get a chartered accountant
- Your return-year days are within a week or two of a threshold.
- You plan to sell foreign shares, a home or a pension pot around the move.
- You lived in a country with no income tax, or your Indian income is near the threshold.
- You aren’t sure how many of your past years were non-resident years.
- Your return-year days are between the two day tests, or you visited earlier in the year you moved.
- Your Indian income is above the threshold and you’ll spend 120 to 181 days a year here after the move.