Non-Resident Individual for AY 2024-2025

Returns and Forms Applicable for Non-Resident Individual for AY 2024-2025

Disclaimer: The content on this page is only to give an overview and general guidance and is not exhaustive. For complete details and guidelines, please refer Income Tax Act, Rules and Notifications.

Non-Resident Individual is an individual who is not a resident of India for tax purposes. In order to determine whether an Individual is a Non-Resident or not, his residential status is required to be determined u/s 6 of the Income Tax Act, 1961 as given below:

An individual will be treated as a Resident in India in any previous year if he / she satisfies any of the following conditions:
1. If he / she is in India for a period of 182 days, or more during the previous year or
2. If he / she is in India for a period of 60 days or more during the previous year and 365 days or more during 4 years immediately preceding the previous year.

An individual who does not satisfy both the conditions as mentioned above will be treated as Non-Resident in that previous year.

However, in respect of an Indian citizen and a person of Indian origin who visits India during the year, the period of 60 days as mentioned in (2) above shall be substituted with 182 days. The similar concession is provided to the Indian citizen who leaves India in any previous year as a crew member or for the purpose of employment outside India.

The Finance Act, 2020, w.e.f. Assessment Year 2021-22 has amended the above exception to provide that the period of 60 days as mentioned in (2) above shall be substituted with 120 days, if an Indian citizen or a person of Indian origin whose Total Income, other than Income from Foreign Sources, exceeds ₹ 15 lakh during the previous year.

The Finance Act, 2020 has also introduced new Section 6(1A) which is applicable from Assessment Year 2021-22. It provides than an Indian citizen earning Total Income in excess of ₹ 15 lakh (other than income from foreign sources) shall be deemed to be Resident in India if he / she is not liable to pay tax in any country.

1. ITR-2 - Applicable for Non-Resident Individual

This return is applicable for Individual (whether Resident or Non-Resident) and Hindu Undivided Family (HUF).

Not having income under the head Profits and Gains of Business or Profession.

Who is not eligible for filing ITR-1

2. ITR-3 - Applicable for Non-Resident Individual

This return is applicable for Individual (whether Resident or Non-Resident) and Hindu Undivided Family (HUF).

Having Income under the head Profits and Gains of Business or Profession.

Who is not eligible for filing ITR-1, 2 or 4

Forms Applicable

1. Form 12BB - Particulars of claims by an employee for deduction of tax (u/s192)

Provided by	Details provided in the form
An Employee to his Employer(s)	Evidence or particulars of HRA, LTC, Deduction of Interest on Borrowed Capital, Tax saving Claims / Deductions for the purpose of calculating Tax to be Deducted at Source (TDS)

2. Form 16 - Details of Tax Deducted at Source on Salary (Certificate u/s 203 of the Income Tax Act, 1961)

Provided by	Details provided in the form
Details provided in the form	Salary paid, Deductions / Exemptions and Tax Deducted at Source for the purpose of computing tax payable / refundable

3. Form 16A – Certificate u/s 203 of the Income Tax Act, 1961 for tax TDS on Income other than Salary

Provided by	Details provided in the form
Deductor to Deductee	Form 16A is a Tax Deducted at Source (TDS) Certificate issued quarterly that captures the amount of TDS, Nature of Payments and the TDS deposited with the Income Tax Department.

4. Form 26AS

Provided by

Details provided in the form

Income Tax Department

(It is available on e-Filing Portal:

Tax Deducted / Collected at Source

5. AIS- Annual Information Statement

Provided by

Details provided in the form

Income Tax Department (It can be accessed after logging on to Income Tax e-Filing portal)

Path to Access AIS: Go to e-filing portal>login >AIS

Tax Deducted / Collected at Source
SFT Information
Payment of taxes
Demand / Refund
Other information (Like; Pending/Completed proceedings, GST information, Info received from foreign govt. etc

6. Form 10E - Form for furnishing particulars of Income for claiming relief U/S 89(1) when salary is paid in arrears or advance

Provided by	Details provided in the form
An Employee to the Income Tax Department	Arrears / Advance Salary Gratuity Compensation on Termination Commutation of Pension

7. Form 3CB-3CD

Submitted by

Details provided in the form

Taxpayer who is required to get his accounts audited by an Accountant u/s 44AB.

To be furnished one month before the due date for furnishing the return of income under sub-section (1) of section 139.

Report of Audit of Accounts and Statement of Particulars required to be furnished u/s 44AB of the Income Tax Act, 1961

8. Form 3CEB

Submitted by

Details provided in the form

Taxpayer who is required to obtain a report from an Accountant u/s 92E for entering into an international transaction or specified domestic transaction.

To be furnished one month before the due date for furnishing the return of income under sub-section (1) of section 139.

Report from an Accountant, relating to international transaction(s) and specified domestic transaction(s)

9. Form 3CE

Submitted by

Details provided in the form

Taxpayer who is required to obtain a report from an Accountant u/s 44DA for receipt of specified incomes from specified persons.

To be furnished one month before the due date for furnishing the return of income under sub-section (1) of section 139.

Report from an Accountant, relating to receipt of income by way of royalty or fees for technical services from Government or an Indian concern.

Tax Slabs for AY 2024-25

The Finance Act 2023 has amended the provisions of Section 115BAC w.e.f AY 2024-25 to make new tax regime the default tax regime for the assessee being an Individual, HUF, AOP (not being co-operative societies), BOI or Artificial Juridical Person. However, the eligible taxpayers have the option to opt out of new tax regime and choose to be taxed under old tax regime. The old tax regime refers to the system of income tax calculation and slabs that existed before the introduction of the new tax regime. In the old tax regime, you taxpayers have the option to claim various tax deductions and exemptions.

In case of "non-business cases", option to choose the regime can be exercised every year directly in the ITR to be filed on or before the due date specified under section 139(1).

In case of eligible taxpayers having income from business and profession and wants to opt out of new tax regime, the assessee would be required to furnish Form-10-IEA on or before the due date u/s 139(1) for furnishing the return of income. Also, for the purpose of withdrawal of such option i.e. opting out of old tax regime shall also be done by way of furnishing Form No.10-IEA.

However, in case of eligible taxpayers having income from business and profession option to switch to old tax regime and withdraw the option in any subsequent AY is available only once in lifetime.

Tax rates for Individual (resident or non-resident) less than 60 years of age anytime during the previous year are as under:

Old Tax Regime		New Tax Regime u/s 115BAC
Income Tax Slab	Income Tax Rate	Income Tax Slab	Income Tax Rate
Up to ₹ 2,50,000	Nil	Up to ₹ 3,00,000	Nil
₹ 2,50,001 - ₹ 5,00,000	5% above ₹ 2,50,000	₹ 3,00,001 - ₹ 6,00,000	5% above ₹ 3,00,000
₹ 5,00,001 - ₹ 10,00,000	₹ 12,500 + 20% above ₹ 5,00,000	₹ 6,00,001 - ₹ 9,00,000	₹ 15,000 + 10% above ₹ 6,00,000
Above ₹ 10,00,000	₹ 1,12,500 + 30% above ₹ 10,00,000	₹ 9,00,001 - ₹ 12,00,000	₹ 45,000 + 15% above ₹ 9,00,000
		₹ 12,00,001 - ₹ 15,00,000	₹ 90,000 + 20% above ₹ 12,00,000
		Above ₹ 15,00,000	₹ 1,50,000 + 30% above ₹ 15,00,000

Tax rates for Individual (resident or non-resident), 60 years or more but less than 80 years of age anytime during the previous year are as under:

Old Tax Regime		New Tax Regime u/s 115BAC
Income Tax Slab	Income Tax Rate	Income Tax Slab	Income Tax Rate
Up to ₹ 3,00,000	Nil	Up to ₹ 3,00,000	Nil
₹ 3,00,001 - ₹ 5,00,000	5% above ₹ 3,00,000	₹ 3,00,001 - ₹ 6,00,000	5% above ₹ 3,00,000
₹ 5,00,001 - ₹ 10,00,000	₹ 10,000 + 20% above ₹ 5,00,000	₹ 6,00,001 - ₹ 9,00,000	₹ 15,000 + 10% above ₹ 6,00,000
Above ₹ 10,00,000	₹ 1,10,000 + 30% above ₹ 10,00,000	₹ 9,00,001 - ₹ 12,00,000	₹ 45,000 + 15% above ₹ 9,00,000
		₹ 12,00,001 - ₹ 15,00,000	₹ 90,000 + 20% above ₹ 12,00,000
		Above ₹ 15,00,000	₹ 1,50,000 + 30% above ₹ 15,00,000

Tax rates for Individual (resident or non-resident) 80 years of age or more anytime during the previous year are as under:

Old Tax Regime		New Tax Regime u/s 115BAC
Income Tax Slab	Income Tax Rate	Income Tax Slab	Income Tax Rate
Up to ₹ 5,00,000	Nil	Up to ₹ 3,00,000	Nil
₹ 5,00,001 - ₹ 10,00,000	20% above ₹ 5,00,000	₹ 3,00,001 - ₹ 6,00,000	5% above ₹ 3,00,000
Above ₹ 10,00,000	₹ 1,00,000 + 30% above ₹ 10,00,000	₹ 6,00,001 - ₹ 9,00,000₹	₹ 15,000 + 10% above ₹ 6,00,000
		₹ 9,00,001 - ₹ 12,00,000	₹ 45,000 + 15% above ₹ 9,00,000
		₹ 12,00,001 - ₹ 15,00,000	₹ 90,000 + 20% above ₹ 12,00,000
		Above ₹ 15,00,000	₹ 1,50,000 + 30% above ₹ 15,00,000

Note:

1. The rates of Surcharge under the tax regimes are as under:

Total Income	Old Tax Regime	New Tax Regime
Total Income	Rate of Surcharge Applicable
Up to Rs. 50 Lakh	Nil	Nil
Above Rs. 50 Lakh and up to Rs. 1 Crore	10%	10%
Above Rs. 1 Crore and up to Rs. 2 Crore	15%	15%
Above Rs. 2 Crore and up to Rs. 5 Crore	25%	25%
Above Rs. 5 Crore	37%	25%

Note: The maximum rate of surcharge on income by way of dividend or income under the provisions of Sections 111A, 112A and 115AD is restricted to 15%

In case of an association of persons consisting of only companies as its members, the rate of surcharge on the amount of Income-tax shall be maximum 15% (applicable w.e.f AY 2023-24).

Surcharge, Marginal Relief and Health and Education cess

What is Surcharge?

Surcharge is an additional charge levied for persons earning Income above the specified limits, it is charged on the amount of income tax calculated as per applicable rates. For rates of surcharge, refer table above.

What is Marginal Relief?

Marginal relief is a relief from surcharge, provided in cases where the surcharge payable exceeds the additional income that makes the person liable for surcharge. The amount payable as surcharge shall not exceed the amount of income earned exceeding ₹ 50 lakh, 1 crore, 2 crore or 5 crore respectively as under:

Net Income Range		Marginal Relief
Exceeds (Rs.)	Does not exceed (Rs.)
50 Lakh	1 Crore	Amount payable as income tax and surcharge shall not exceed the total amount payable as income tax on total income of Rs 50 Lakh by more than the amount of income that exceeds Rs 50 Lakhs
1 Crore	2 Crore	Amount payable as income tax and surcharge shall not exceed the total amount payable as income-tax on total income of Rs. 1 crore by more than the amount of income that exceeds Rs. 1 crore
2 Crore	5 Crore	Amount payable as income tax and surcharge shall not exceed the total amount payable as income-tax on total income of Rs. 2 crore by more than the amount of income that exceeds Rs. 2 crore
5 Crore	-	Amount payable as income tax and surcharge shall not exceed the total amount payable as income-tax on total income of Rs. 5 crore by more than the amount of income that exceeds Rs. 5 crore.

What is Health and Education cess?

Health and Education cess @ 4% shall also be paid on the amount of income tax plus surcharge (if any)

Investments / Payments / Income on which I can get Tax Benefit

Section 24 (b) – Deduction from income from house property on interest paid on housing loan & housing improvement loan. In case of self- occupied property, the upper limit for deduction of interest paid on housing loan is ₹2,00,000. However, this deduction is not available for person opting for New tax Regime.

Interest on loan u/s 24(b) allowable is tabulated below -

Nature of Property	When was the loan	Purpose of Loan	Allowable (Maximum Limit)
Self-occupied	On or after 1st April 1999	Construction or Purchase of House Property	₹ 2,00,000
	On or after 1st April 1999	For Repairs of House Property	₹ 30,000
	Before 1st April 1999	Construction or Purchase of House Property	₹ 30,000
	Before 1st April 1999	For Repairs of House Property	₹ 30,000
Let-out	Any time	Construction or Purchase of House Property	Actual value without any limit

Tax deductions specified under Chapter VI-A of the Income Tax Act

These deductions will not be available to a taxpayer opting for the new tax regime u/s 115 BAC, except for deduction u/s 80CCD (2) and 80JJAA which will be available under the new tax regime as well:

80C, 80CCC, 80CCD (1)

Deduction towards payments made to:

80C	Life Insurance Premium Equity Linked Tax Saving Scheme (ELSS) Unit Linked Insurance Plan (ULIP) Tuition Fees Housing Loan Principal Other various items
80CCC	Annuity plan of LIC or other Insurer towards Pension Scheme
80CCD (1)	Pension scheme of Central Government

Combined deduction limit of ₹ 1,50,000

80CCD (1B)

Deduction towards payments made to Pension scheme of Central Government, excluding deduction claimed under 80CCD(1)

Deduction Limit of ₹ 50,000

80CCD (2)

Deduction towards contribution made by an employer to the Pension Scheme of Central Government

If employer is a PSU, State Government or Others

Deduction limit of 10% of salary

If employer is Central Government

Deduction limit of 14% of salary

80D

Deduction towards payments made to Health Insurance Premium and Preventive Health check-up

For self / spouse or dependent children

₹ 25,000 (₹ 50,000 if any person is a Senior Citizen)

₹ 5,000 for Preventive Health check-up, included in above limit

For parents

₹ 25,000 (₹50,000 if any person is a Senior Citizen)

₹ 5,000 for Preventive Health check-up, included in above limit

Deduction towards medical expenditure incurred on a Senior Citizen, if no premium is paid on Health Insurance coverage

For self / spouse or dependent children

Deduction limit is ₹ 50,000

For parents

Deduction limit is ₹ 50,000

80E

Deduction towards interest payments made on loan for higher education of self or relative

Total amount paid towards interest on loan taken

80EE

Deduction towards interest payments made on loan taken for Acquisition of Residential House Property where the loan is sanctioned between 1st April 2016 to 31st March 2017

Deduction limit of ₹ 50,000 on the interest paid on loan taken

80EEA

Deduction towards interest payments made on loan taken for Acquisition of Residential House Property for the first time where the loan is sanctioned between 1st April 2019 to 31st March 2022 and deduction should not have been claimed u/s 80EE

Deduction limit of ₹ 1,50,000 on the interest paid on loan taken

80EEB

Deduction towards interest payments made on loan for purchase of Electric Vehicle where the loan is sanctioned between 1st April 2019 to 31st March 2023

Deduction limit of ₹ 1,50,000 on the interest paid on loan taken

80G

Deduction towards donations made to certain funds, charitable institutions, etc.

Donation are eligible for deduction under the below categories:

Without any limit

100% deduction

50% deduction

Subject to qualifying limit

100% deduction

50% deduction

Note: No deduction shall be allowed under this section in respect of donation made in cash exceeding ₹2,000/-.

80GG

Deduction towards rent paid for house and applicable only for whom HRA is not part of salary.

Least of the following shall be allowed as deduction:

Rent paid reduced by 10% of total income before this deduction

₹ 5,000 per month

25% of total income before this deduction

Note: Form 10BA to be filed for claiming this deduction.

80GGA

Deduction towards donations made for Scientific Research or Rural Development.

Donation are eligible for deduction under the below categories:

Research Association or University, College or other Institution for:

Scientific Research
Social Science or Statistical Research

Association or institution for

Rural Development
Conservation of Natural Resources or for afforestation

PSU or Local Authority or an association or institution approved by the National Committee for carrying out any eligible project

Funds notified by Central Government for:

Afforestation
Rural Development

National Urban Poverty Eradication Fund as setup and notified by Central Government

Note: No deduction shall be allowed under this section in respect of donation made in cash exceeding ₹ 2,000 or if gross total income includes income from Profit / Gains from Business / Profession.

80GGC

Deduction towards Donations made to Political party or Electoral Trust

Deduction of total amount paid through any mode other than cash.

80IA

Undertaking engaged in Developing, Maintaining and Operating any Infrastructure Facility (only Indian Company), Industrial Parks (any Undertaking), any Power Undertaking, Reconstruction or Revival of Power Generating Plants (Indian Company) shall be entitled to claim deduction
(subject to certain conditions)

100% of profit for 10 consecutives AY falling within a period of 15 / 20 AY beginning with the AY in which Assessee develops / begins operating and maintaining infrastructure facility

No deduction shall be allowed to any enterprise which starts the development or operation and maintenance of the infrastructure facility on or after the 1st April 2017.

(No deduction shall be allowed if development, operation, etc. started after specified dates for specified business)

80IAB

Deduction in respect of Profits and Gains by an Undertaking or an Enterprise engaged in development of Special Economic Zone
(subject to certain conditions)

100% of profit for 10 consecutives AY out of 15 AY beginning from the year in which a Special Economic Zone has been notified by the Central Government

No deduction to an Assessee, where the development of Special Economic Zone begins on or after 1st April 2017

80IB

Deduction towards Profits and Gains from specified business. 100% of profit for 10 years from the AY in which it is approved by prescribed authority (if approved after 31st March 2000 but before 1st April 2007)

The deduction under this section is available to an Assessee whose gross total income includes any Profits and Gains derived from the business of:

Industrial Undertaking including an SSI in J&K

Commercial Production and Refining of Mineral Oil

Processing, Preservation and Packaging of Fruits or Vegetables, Meat and Meat Products or Poultry or Marine or Dairy Products; Integrated Business of Handling, Storage and Transportation of Food Grains;

(Subject to certain conditions)

Indian Company with scientific and industrial research and development as its main object and approved by prescribed authority shall be entitled to claim deductions

100% / 25% of profit for 5 / 10 / 7 years as per conditions specified for different types of undertakings from the AY in which it is approved by prescribed authority (if approved before 1st April 1999)

80IBA

Profit and Gains derived from Developing and Building Housing Projects

100% of profit subject to various conditions specified

80IC

Deduction in respect of certain Undertakings in Himachal Pradesh, Sikkim, Uttaranchal and North-Eastern states

(subject to certain conditions)

100% of profits for first 5 AY and 25% (30% for a Company) for next 5 AY to manufacture or produce specified article or thing

80IE

Deduction to certain Undertakings set up in North - Eastern states

(subject to certain conditions)

100% of profits for 10 AY subject to various conditions specified

80JJA

Deduction in respect of Profits and Gains from Business of Collecting and Processing of Biodegradable Waste

(subject to certain conditions)

100% of profits for 5 AY where the Gross Total Income of an Assessee includes any Profits and Gains derived from the Business of Collecting and Processing or treating of Biodegradable Waste

80JJAA

Deduction in respect of Employment of New Workers / Employees, applicable to Assessee to whom Section 44AB applies (subject to certain conditions).

30% of additional employee cost for 3 AY, subject to certain conditions

80TTA

Deduction on interest received on Saving Bank Accounts by Individual (other than Senior Citizen) / HUF.

Deduction limit of ₹ 10,000/-