Residential Status Determination Under Income Tax | N D Savla & Associates, Nashik
Residential Status · Nashik, Maharashtra

Residential Status Determination — The First Question. Answered Properly.

Determination of residential status under the Income-tax Act for individuals, HUFs and companies, and the scope of income it brings to tax in India.

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Residential status decides the scope of income taxable in India. A resident is generally taxed on worldwide income, while a non-resident is taxed only on income accruing, arising or received in India. An individual can also fall into the intermediate category of resident but not ordinarily resident, with a narrower scope of taxation.

At N D Savla & Associates, we determine residential status for individuals, HUFs and companies with cross-border presence — counting days correctly, applying the relevant tests and the deemed residency provisions, and documenting the conclusion.

Status is tested afresh for every year, and small differences in travel dates can change the answer. We work from actual travel records rather than approximations, and we prepare the supporting documentation at the time, because reconstructing it years later during an assessment is far harder.

Our Residential Status Services

Individual Status Determination

Determination of resident, non-resident or RNOR status based on presence in India and applicable tests.

Day Count Analysis

Careful computation of days of stay from passport, travel and immigration records.

Deemed Residency Review

Assessment of the deemed residency provisions applicable to certain Indian citizens.

RNOR Status Assessment

Determination of resident but not ordinarily resident status and the resulting scope of income.

HUF & Company Status

Determination of residential status for HUFs and companies based on control and management tests.

Scope of Income Mapping

Mapping which income sources become taxable in India given the determined status.

Transition Year Planning

Planning around years of arrival in or departure from India where status is likely to change.

Documentation & Support File

Preparation of a supporting file evidencing the basis of the status conclusion.

Our Determination Process

1

Travel & Presence Records

We collect passport stamps, travel records and employment details for the relevant years.

2

Day Counting

Days of presence in India are computed precisely for the year and the preceding years.

3

Test Application

The statutory tests, including deemed residency where relevant, are applied to the facts.

4

Scope & Impact Analysis

The resulting scope of taxable income and its practical effect is explained to the client.

5

Documentation & Filing Alignment

The conclusion is documented and reflected consistently in the return and related filings.

Why It Matters

Correct status established before the return is prepared
Day counts based on actual records, not estimates
Deemed residency provisions considered where relevant
RNOR benefits identified where available
Clear picture of which income is taxable in India
Transition years planned rather than discovered late
Documentation retained for future assessments
Consistent status position across all filings

Frequently Asked Questions

Status is determined under the Income-tax Act based on the number of days of physical presence in India during the relevant previous year and in the preceding years, applying the tests laid down in the Act.
Resident but not ordinarily resident is an intermediate category for individuals who meet the residency test but satisfy the additional conditions specified in the Act, resulting in a narrower scope of income being taxable in India.
No. Residential status under the Income-tax Act is based on presence in India and the statutory tests, and is independent of citizenship, passport or visa category, though certain provisions apply specifically to Indian citizens.
Yes. Status is determined separately for each previous year, so a person can be a resident in one year and a non-resident in another depending on their presence in India.
The Act contains provisions under which certain Indian citizens with Indian income above a specified threshold who are not liable to tax in any other country may be deemed resident in India, subject to the conditions specified.
A resident is generally taxable on worldwide income, an RNOR on a narrower scope, and a non-resident only on income accruing, arising or received in India, which is why status must be settled before computing tax.

Unsure of your residential status this year?

Share your travel dates and income sources — we'll determine your status and explain exactly what becomes taxable in India.