I’ve been living in the US for around seven years and am planning to move back to India permanently later this year. I’m trying to understand what happens to my Indian tax status once I return.
While I was living in the US, I was treated as an NRI for Indian tax purposes. I have some investments and bank accounts in India, but most of my savings, investments and retirement accounts are in the US.
The part I’m struggling with is the RNOR status after returning to India. I’ve read that someone who has been an NRI for several years may not immediately become an ordinary resident after moving back. Instead, they may qualify as Resident but Not Ordinarily Resident for a period of time.
I have a few questions:
I’m trying to plan the move before the end of the financial year, so the timing seems important.
Would appreciate experiences from anyone who recently returned to India after several years abroad. Particularly interested in what you did during the RNOR period and what changed once you became an ordinary resident.
I understand everyone's situation is different, so I'm mainly looking for practical experiences rather than a definitive tax opinion.
I'm in a slightly different situation. I moved back to India from Canada last year after being abroad for about five years.
My biggest concern was my Canadian investment portfolio. I had stocks, a TFSA and a Canadian bank account, and I wasn't sure whether simply returning to India meant I had to immediately report everything.
What I learned is that the distinction between RNOR and ROR is extremely important.
While you're RNOR, foreign income generally has different Indian tax treatment compared with someone who is ROR. Once you become ROR, the scope of foreign income and foreign-asset reporting becomes much more significant.
The mistake I'd avoid is assuming you have a fixed two- or three-year RNOR period. It depends on your individual residential history and the applicable rules.
I also kept records showing when my foreign investments were acquired and their values. That seemed sensible because the tax position can become more complicated once you become ordinarily resident.
I'd also speak to the bank about NRE/NRO account status after returning. That's a separate banking/FEMA issue from income-tax residential status.
I returned from the UK after almost eight years abroad, and RNOR was the part that caused me the most confusion.
I initially assumed that the moment I moved back to India permanently, all my UK income and investments would become taxable in India. That wasn't how my situation worked.
My residential status was determined separately for the relevant financial year based on my days in India and my previous residential history.
During my RNOR period, I had Indian rental income and Indian investment income that I continued reporting in India. My foreign investments were a separate matter.
The big thing I would suggest is not to look only at the year you return. You need your India stay records for the relevant years and your previous tax-residency history.
I kept copies of my passport travel history because I needed accurate entry and exit dates.
Also, don't confuse citizenship with tax residency. I remained an Indian citizen while living abroad, but my Indian tax residential status was Non-Resident.
Once you return, I'd get the residential-status calculation right before worrying about everything else.
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I haven't returned yet, but I've been planning my move from Singapore and have been researching this quite heavily.
One thing that surprised me is that bringing old savings earned while you were an NRI into India isn't automatically the same thing as earning new taxable income in India.
If you accumulated savings while you were living abroad, you need to maintain records showing where the money came from and when it was earned.
I would keep foreign bank statements, old tax returns, investment statements and employment records rather than assuming you'll never need them.
Another thing I'm watching is foreign-asset disclosure. From what I understand, the reporting requirements become much more important once someone is ROR rather than RNOR.
So I'm planning around the transition instead of treating the return date as the only important date.
The other practical issue is banking. NRE/NRO accounts and FEMA requirements are separate from the Income Tax Act, so I'm planning to speak to my bank before moving the accounts.