Under Section 6, residential status is determined annually for each previous year based on physical stay in India.
1. Residential Status Categories (Individuals)
- Resident and Ordinarily Resident (ROR): Taxed on their global income (earned in India and abroad).
- Resident but Not Ordinarily Resident (RNOR): Taxed on income received/accrued in India, or income from a business controlled/profession set up in India.
- Non-Resident (NR): Taxed strictly on income received or accrued in India.
2. Rules for Determination (Section 6(1))
An individual is a Resident of India if they satisfy at least one of these two Basic Conditions:
- Presence in India for 182 days or more during the previous year.
- Presence in India for 60 days or more during the previous year AND 365 days or more during the 4 years preceding that previous year.
⚠️ Important Exception: The 60-day period is extended to 182 days for an Indian citizen who leaves India for employment abroad, or an Indian citizen/person of Indian origin (PIO) who comes on a visit to India.