Who Qualifies as an NRI Under Indian Tax Laws?
Under the Income Tax Act, 1961, your tax liability in India is determined by your residential status for each individual financial year — not by your passport, your visa, or how many years you have lived outside India. You are classified as a Non-Resident Indian if you spent fewer than 182 days in India during the relevant financial year, or fewer than 60 days in that year combined with fewer than 365 days across the four preceding financial years.
This classification is not permanent and must be evaluated freshly every year. NRIs who travel back to Thane or Mumbai regularly — to visit family, manage property, attend to business matters, or deal with legal affairs — may unknowingly exceed the day count threshold in a given year. That changes your residential status for that entire financial year and significantly alters your tax obligations, the form you must file, and the income you are required to declare. MostlyNRI determines your exact residential status at the very start of every engagement before any income is calculated or any form is selected.
When Must an NRI File an Income Tax Return in India?
You are legally required to file an ITR in India as an NRI if your gross income earned or received in India exceeds ₹2.5 lakh in a financial year. You should also file if you want to reclaim TDS deducted by your bank, tenant, or property buyer — even when your total India income falls below the taxable limit. Filing is also necessary if you have capital gains from property or investment sales, if you hold Indian assets requiring annual reporting, or if you need ITR acknowledgements for any financial or legal purpose.
A very common and expensive belief among NRIs is that TDS deduction finishes their tax obligation. It does not. TDS is a withholding mechanism — money deposited on your behalf by whoever is paying you. Without filing your return, you cannot recover the excess TDS withheld. For NRIs in Thane with high-value rental properties or significant property sale transactions where 30% TDS has been deducted, this can mean very meaningful refunds sitting permanently unclaimed.
Key Deadlines to Remember
July 31 is the standard ITR filing due date for NRIs for the April–March financial year. October 31 applies in cases requiring a tax audit. December 31 is the last date to file a belated return, subject to a late fee of up to ₹5,000 under Section 234F. After December 31 the window for that year closes almost entirely. MostlyNRI proactively tracks and communicates every deadline to every client so nothing is ever missed.
What Types of Income Are Taxable for NRIs in India?
As an NRI, you are taxed in India only on income that originates in India or is received in India. Your overseas salary, foreign bank interest, and international investments remain entirely outside the scope of Indian tax. The most common income types we handle for NRI clients connected to Thane and the Mumbai Metropolitan Region include:
Rental Income — Income from a residential flat, independent house, or commercial property let out in Thane or anywhere in India is fully taxable. Tenants paying rent to NRIs must deduct TDS at 30%. Filing your return allows you to apply the 30% standard deduction on rental income, claim home loan interest as a deduction, and recover any TDS deducted beyond your actual tax liability.
Capital Gains — Profits from selling residential or commercial property, land, equity shares, mutual funds, debt funds, or bonds in India attract capital gains tax. Whether the asset is short-term or long-term significantly impacts the applicable tax rate. Accurate computation requires documented records of original purchase price, improvement costs, and the final sale consideration.
NRO Account Interest — Interest earned on NRO savings accounts and fixed deposits is fully taxable in India. Banks deduct TDS at 30% on NRO interest, but filing your return is the only way to reconcile actual tax payable and reclaim any excess that was withheld.
Salary Income — If any component of your salary relates to services performed in India, or if your employer is an Indian resident entity, that portion is taxable in India regardless of where the salary is ultimately paid or credited.
Business Income — Income from a business that is set up, operated, or substantially controlled from India is taxable here even if you personally reside and manage it from abroad.
Property Sale Proceeds — When you sell property in India, the buyer must deduct TDS at registration — 20% for long-term capital gains and 30% for short-term. You must file your return to compute the correct taxable gain, apply cost indexation for long-term assets, utilise exemptions under Sections 54 or 54EC, and claim any refund on excess TDS deducted.
Common Mistakes NRIs Make When Filing Their ITR
These are the errors MostlyNRI most frequently identifies and corrects when new clients come to us — often after receiving an unexpected notice from the Income Tax Department:
Incorrectly determining residential status for the financial year, leading to the wrong form and incorrect tax computation from the very beginning. Not filing a return at all despite substantial TDS being deducted, resulting in meaningful refunds that are never claimed. Omitting NRO account interest from the return entirely — consistently among the most common triggers for automated department notices. Overlooking capital gains from mutual fund redemptions or share sales made during the year. Not claiming DTAA benefits available through India’s treaty with the country of residence, leading to entirely avoidable double taxation. Filing ITR-1 instead of the correct ITR-2 or ITR-3, which generates an immediate defective return notice. Missing the July 31 deadline and accumulating late fees along with interest that compounds every month. Failing to disclose foreign assets under Schedule FA, which attracts penalties of ₹10 lakh per undisclosed asset under the Black Money and Imposition of Tax Act.
Documents Required for NRI ITR Filing
MostlyNRI provides a personalised document checklist based on your specific income profile. The core documents typically required are:
- PAN card — mandatory for all ITR filings in India without exception
- Passport copy and a clear record of days spent in India during the financial year
- Form 16 or salary certificate for any Indian salary income
- Bank statements for all NRO and NRE accounts held in India
- Form 26AS, AIS, and TIS from the income tax portal reflecting all income and TDS reported against your PAN
- Form 16A TDS certificates issued by your bank or tenant
- Rental agreement and rent receipts for property rental income
- Sale deed, original purchase documents, and cost of improvement records for capital gains computation
- Consolidated Account Statement for mutual fund and equity transactions
- Details of foreign income or assets if claiming DTAA relief or completing Schedule FA
How MostlyNRI Files Your ITR — Step by Step
Our process is 100% online and designed to be as simple and low-effort as possible for you — regardless of where in the world you are currently based.
Step 1 — Free Consultation. We begin with a call or chat to understand your income sources, residential status, and what needs to be filed for the year. No charges and no commitments at this stage.
Step 2 — Personalised Document Checklist. Based on your specific income profile, we give you a precise, tailored list of exactly what we need — nothing generic, nothing unnecessary.
Step 3 — Secure Document Upload. You submit documents through our encrypted client portal. No sensitive information over email, no physical paperwork to organise or courier to India.
Step 4 — Income Computation and Tax Calculation. Our tax experts compute your total taxable income, apply all eligible deductions, credit your TDS accurately, and evaluate applicable DTAA relief based on your country of residence.
Step 5 — Your Review and Approval. We prepare a clear, easy-to-understand summary of your return and share it with you before anything is submitted. You review it, ask questions, and give explicit approval. We never file without your confirmation.
Step 6 — E-Filing and Acknowledgement. We file your ITR on the Income Tax Department portal and immediately send you the ITR-V acknowledgement. We also guide you through the e-verification step right after filing is complete.
Step 7 — Post-Filing Support. We track your refund status, respond to any notices from the department related to the return we filed, and remain fully available for any tax questions throughout the year.
Compliance, Penalties, and Why Filing on Time Matters
India’s Income Tax Department now operates a highly automated data-matching infrastructure. Every bank, mutual fund house, property registrar, and employer reports income data linked to PAN numbers. When that data shows income in India and there is no corresponding ITR on record, an automated notice is triggered without any manual intervention. Handling such a notice from abroad — across time zones, with documents scattered between two countries — is stressful, time-consuming, and costly to resolve.
A late filing fee of up to ₹5,000 applies under Section 234F. Interest on unpaid or short-paid tax accrues at 1% per month under Sections 234A, 234B, and 234C. Capital losses and certain other losses cannot be carried forward if the return is filed after July 31. Non-disclosure of foreign assets under Schedule FA attracts a penalty of ₹10 lakh per undisclosed asset under the Black Money and Imposition of Tax Act. Every year of non-compliance adds cost and complexity that only becomes harder to unwind. Filing correctly and on time with MostlyNRI removes all of this risk entirely.
Why NRIs in Thane Choose MostlyNRI
Exclusive NRI Focus. MostlyNRI works only with NRIs. Every process, checklist, and team member is built around the specific needs of Indians living abroad — not a general tax firm that occasionally handles NRI cases on the side.
Fully Remote and Paperless. Everything happens online. Share documents from the US, UK, UAE, Canada, Singapore, or Australia. No travel to India, no office visits, no physical documents to arrange or courier.
Deep DTAA Expertise. We evaluate every client for applicable treaty benefits under India’s DTAA agreements and apply the correct relief during filing — ensuring you are never taxed twice on income already taxed in your country of residence.
Fixed, Transparent Pricing. You know the full cost before we begin. No hidden fees, no surprise charges after the return is filed.
Notice Handling Included. If the Income Tax Department issues a notice related to a return we have filed, we respond professionally on your behalf at no additional cost.
Available Year-Round. We are not a seasonal service. Our team is reachable throughout the year for refund tracking, advance tax planning, property-related tax guidance, and any queries that arise between filing seasons.
Frequently Asked Questions
Do NRIs need to file an ITR in India even when all taxes have been deducted at source?
Yes. TDS is a withholding mechanism, not a substitute for return filing. Filing your return is what allows you to reconcile your actual tax liability, apply legitimate deductions, and recover any TDS that was withheld in excess of what you genuinely owe.
Is interest on my NRE fixed deposit taxable in India?
No. Interest on NRE savings accounts and fixed deposits is fully exempt from Indian income tax as long as your NRI status is maintained. NRO account interest, however, is fully taxable and must be declared in your ITR every year.
Which ITR form should NRIs use?
NRIs must use ITR-2 for income from salary, house property, capital gains, or other sources. ITR-3 is required where there is business or professional income. ITR-1 is exclusively for ordinarily resident individuals and cannot be used by NRIs — filing it results in an immediate defective return notice from the department.
What is DTAA and how does it benefit NRIs?
The Double Taxation Avoidance Agreement is a bilateral tax treaty India has signed with many countries including the US, UK, UAE, Canada, Singapore, and Australia. It prevents the same income from being taxed in both India and your country of residence. MostlyNRI identifies the applicable DTAA and applies the correct relief during every filing.
I own a flat in Thane that I rent out. Do I need to file an ITR?
Yes. Rental income from property in India is taxable, and your tenant is required to deduct 30% TDS on rent paid to you as an NRI. Filing your return allows you to claim the 30% standard deduction, deduct home loan interest, and potentially recover a significant portion of the TDS as a refund.
Can MostlyNRI help me file returns for previous years I have missed?
Yes. We assist NRIs with belated and updated returns for prior years wherever the law permits, and help address any outstanding notices or demands that have accumulated from years of non-filing.
How long does the NRI ITR filing process take with MostlyNRI?
Once all required documents are received, we typically complete and file within 3 to 5 business days. Cases involving multiple properties, capital gains computations, or DTAA claims may take slightly longer, but we keep you fully informed throughout the process.
What happens if I miss the July 31 filing deadline?
A belated return can still be filed by December 31, but a late fee of up to ₹5,000 applies under Section 234F along with interest on any unpaid tax from the original due date. Capital losses and certain other losses cannot be carried forward when the return is filed after the due date. MostlyNRI proactively ensures every client files on time, every year.


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