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NRI Income Tax & Compliance

Section 89A - Tax Relief on Income from Foreign Retirement Funds

Varun GuptaBy Varun Gupta |Last Updated: January 27, 2026
Section 89A - Tax Relief on Income from Foreign Retirement Funds
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    Categories
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    Frequently Asked Questions

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    Under Section 6 of the Income Tax Act, a person is an NRI if he/she has not stayed in India for 182 or more days during the fiscal year or if he or she lived in India for less than 365 days during the four years before the current financial year and less than 60 days in the current financial year. 

    According to the Income Tax Act, to become an Indian resident, a person needs to be physically present in the country for 182 or more days during the fiscal year. It is the minimum days that a person needs to stay in India to become a resident there.

    Yes, RNOR is different from NRI. RNOR is a contraction for the resident but not ordinary resident, and applies to individuals of Indian origin opting to return to India after living overseas for several years. NRIs who have lived 9 out of 10 years outside India before the current financial year can be stated as RNOR.

    Yes, in the course of one year, the residential status of a person can change in India, if he/she stays outside the country for more than 182 days. In India, the tax liability of a person is determined according to the number of days he/she stayed in the country. 

    If you stayed in India for 182 or more days during a financial year, yes, it can affect your NRI status. However, if you stay in the country for a limited time during your every visit, it will not impact your NRI status. For instance, staying in the country for 100 days during a fiscal year.