RNOR: Resident but but ordinarily resident
3 years ago
Hello,
I´m an expatriate who came to India in July 2018. Since then, I have spent the following days in India:
Apr. 18 - Mar. 19: 254 days
Apr. 19 - Mar. 20: 300 days
Apr. 20 - Mar. 21: 365 days
I have read that the condition to qualify as RNOR (Resident but not Ordinarily Resident) is A) to be resident in the relevant year and B) to fulfill only one or none of the following conditions:
1) He is resident in India for at least 2 years out of 10 years immediately preceding the relevant year; or
2) His stay in India is for 730 days or more during 7 years immediately preceding the relevant year.
Question: do I qualify as RNOR for the financial year Apr. 20 - Mar. 21? In my understanding, I fulfill condition 1, but I don´t fulfill condition 2, since the 7 preceding years do not include in my opinion the year in question itself. Is my understanding correct? Or is the "relevant year" in the official text considered as the "assessment year" and not the fiscal year in question?
Thank you very much for your help.
Max
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Yes, you will be considered as a resident but not ordinarily resident.
Thank You
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Yes, you do qualify as a resident but not ordinarily resident because one of the conditions has already been fulfilled.
Thank You
If you found this helpful, do rate us.
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