Residential status for income tax: resident, RNOR or NRI
How the day-count tests decide whether you are resident, not ordinarily resident or non-resident in India, and why it changes what income is taxed.
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Your residential status is worked out separately for each year. It decides which ITR you can use and whether income earned abroad is taxed in India.
Individuals: are you resident?
You are resident in a year if either of these is true:
- You were in India for 182 days or more in the year.
- You were in India for 365 days or more in the four years before, and 60 days or more in the year.
For Indian citizens leaving India for a job abroad or as ship crew, and for citizens or persons of Indian origin visiting India, the 60 days in test 2 becomes 182 days. For these visitors, there is a special rule when Indian income (other than from foreign sources) is above ₹15 lakh, with a 120-day threshold.
If neither test is met, you are a non-resident.
Deemed resident
An Indian citizen whose income, other than from foreign sources, is more than ₹15 lakh, and who is not liable to tax in any other country, is treated as resident. Such a person is “not ordinarily resident”.
Resident but not ordinarily resident (RNOR)
A resident is RNOR for the year if:
- they were a non-resident in 9 of the 10 previous years, or
- they were in India for 729 days or less in the previous 7 years.
Visitors caught by the 120-day rule and deemed residents are also RNOR.
HUFs, firms and companies
- HUF, firm or AOP: resident unless its control and management is wholly outside India.
- Company: resident if it is an Indian company, or if its place of effective management is in India.
From tax year 2026-27
Section 6 of the Income-tax Act, 2025 carries these tests, using “tax year” instead of “previous year”. We checked it against the Act as published in the Gazette of India.
Sources
- Income-tax Act, 2025 (Act No. 30 of 2025), Gazette of India
- Income Tax Department: section 6, residence in India
- Income-tax Act, 2025
Last verified: 5 Nov 2026