Non-Resident Individual for AY 2026-2027

Returns and Forms Applicable for Non-Resident Individuals for AY 2026-27

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,1961

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:

If he / she is in India for a period of 182 days, or more during the previous year or
If he / she is in India for a period of 60 days or more during the previous year and 365 days or more for 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).

Having Income under any head other than Profits and Gains of Business or Profession.

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 heads Salary/Pension, House Property, Profits or Gains of Business or Profession, Capital Gains or Income from Other Sources.	Who is not eligible for filing ITR-1, 2 or 4

Forms Applicable as per Income Tax Act,1961

Following are the forms applicable for Non-Resident Individual :

1. Form 12BB - Particulars of claims by an employee for deduction of tax (u/s192 of Income Tax Act,1961)
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
By Employer to Employee	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 26 AS and AIS

Form 26 AS

AIS (Annual information Statement)

Provided by:

Income Tax Department (It is available on e-Filing Portal:

Provided by:

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

Go to e-filing portal > login > AIS

Details provided in the form:

Tax Deducted / Collected at Source.

Details provided in the form:

Tax Deducted / Collected at Source
SFT Information
Payment of taxes
Demand / Refund

Other information (like Pending/Completed proceedings, GST Information, Information received from foreign government etc)

5. Form 10E - Form for furnishing particulars of Income for claiming relief U/S 89(1) of Income Tax Act,1961 when salary is paid in arrears or advance
Provided by	Details provided in the form
Taxpayer to the Income Tax Department	Arrears / Advance Salary Gratuity Compensation on Termination Commutation of Pension

6. 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 of Income Tax Act,1961.

To be furnished one month before the due date for furnishing the return of income under sub-section (1) of section 139 of Income Tax Act,1961

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

7. Form 3CEB

Submitted by

Details provided in the form

Taxpayer who is required to obtain a report from an Accountant u/s 92E (Income Tax Act,1961) 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 of Income Tax Act,1961.

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

8. Form 3CE

Submitted by

Details provided in the form

Taxpayer who is required to obtain a report from an Accountant u/s 44DA (Income Tax Act,1961) 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 of Income Tax Act,1961.

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 2026-27

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 default 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 "non-business cases", option to change the default tax regime can be exercised every year directly in the ITR and such ITR is required to be filed on or before the due date specified under section 139(1) of Income Tax Act,1961.

In case of eligible taxpayers having income from business and profession, if assessee wants to opt out of tax regime, they have to furnish Form-10-IEA on or before the due date u/s 139(1) of Income Tax Act,1961 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, option withdraw old tax regime and re-entering into default tax regime is available only in subsequent AY and is available only once in lifetime for eligible taxpayers having income from business and profession.

Tax rates for Non-Resident Individual are as under:

Old Tax Regime		New Tax Regime u/s 115BAC of Income Tax Act,1961
Income Tax Slab	Income Tax Rate	Income Tax Slab	Income Tax Rate
Up to ₹ 2,50,000	Nil	Up to ₹ 4,00,000	Nil
₹ 2,50,001 - ₹ 5,00,000	5% above ₹ 2,50,000	₹ 4,00,001 - ₹ 8,00,000	5% above ₹ 4,00,000
₹ 5,00,001 - ₹ 10,00,000	₹ 12,500 + 20% above ₹ 5,00,000	₹ 8,00,001 - ₹ 12,00,000	₹ 20,000 + 10% above ₹ 8,00,000
Above ₹ 10,00,000	₹ 1,12,500 + 30% above ₹ 10,00,000	₹ 12,00,001 - ₹ 16,00,000	₹ 60,000 + 15% above ₹ 12,00,000
		₹ 16,00,001 - ₹ 20,00,000	₹ 1,20,000 + 20% above ₹ 16,00,000
		₹ 20,00,001 - ₹ 24,00,000	₹ 2,00,000 + 25% above ₹ 20,00,000
		Above ₹ 24,00,000	₹ 3,00,000 + 30% above ₹ 24,00,000

Note: Under Old tax regime, tax rates for non-resident individual will be same as above irrespective of date of birth of the taxpayer.

*Applicable Surcharge Rates:

Income Limit	Surcharge Rate on the amount of Income Tax (New Tax Regime)	Surcharge Rate on the amount of Income Tax (Old Tax Regime)
Up to Rs. 50 lakhs	Nil	Nil
Rs. 50 lakhs to Rs. 1 Crore	10%	10%
Rs. 1 Crore to Rs. 2 Crores	15%	15%
Rs. 2 Crores to Rs. 5 Crores	25%	25%
Above Rs. 5 Crores	25%	37%

Note: The enhanced surcharge of 25% & 37% is not levied, from income chargeable to tax under sections 111A, 112, 112A and Dividend Income to the extent applicable to non-residents. Hence, the maximum rate of surcharge on tax payable on such incomes shall be 15%, except when the income is taxable under section 115A, 115AB, 115AC, 115ACA and 115E.

Applicable Rebate u/s 87A of Income Tax Act,1961: Non-Resident Individuals are also eligible for a Rebate of up to 100% of income tax subject to a maximum limit depending on tax regimes as under:

Tax regime	Rebate Limit	Rebate condition
New Tax Regime	₹ 60,000	Taxable income shall not exceed 12,00,000
Old Tax Regime	₹ 12,500	Taxable income shall not exceed 5,00,000

Note: Health & Education cess @ 4% to be paid on the amount of income tax plus Surcharge (if any) in both the regimes.

Marginal relief can be claimed from surcharge if the amount of income earned exceeding ₹ 50 lakhs, ₹ 1 crore, ₹ 2 crores or ₹ 5 crores respectively under old tax regime and the amount of income earned exceeding ₹ 50 lakhs, ₹ 1 crore and ₹ 2 crores respectively under new tax regime as under:

Net Income Range		Marginal Relief
Exceeds (Rs.)	Does not exceed (Rs.)	Marginal Relief
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 under both the tax regimes.
1 Crore	2 Crores	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 under both tax regimes.
2 Crores	5 Crores	Amount payable as income tax and surcharge shall not exceed the total amount payable as income tax on total income of Rs. 2 crores by more than the amount of income that exceeds Rs. 2 crores under both tax regimes.
5 Crores	-	Amount payable as income tax and surcharge shall not exceed the total amount payable as income tax on total income of Rs. 5 crores by more than the amount of income that exceeds Rs. 5 crores under old tax regime

Investments / Payments / Incomes on which tax benefit is available:

Deductions available to a taxpayer opting for the New Tax Regime u/s 115BAC of Income Tax Act,1961:

Section 24(b) – Deduction from Income from House Property on interest paid on housing loan

Nature of Property	Purpose of loan	Allowable (Maximum limit)	Details Required to be filled in ITR
Let Out	Construction or purchase of house property	Actual value without any limit (But loss if any under the head “Income from house property” cannot be set off against any other heads in schedule CYLA and cannot be carry forward to further years)	Loan taken from bank /other than bank Name of the institution / bank/person from whom the loan is taken Loan Account Number of the bank/institution Date of sanction of loan Total Amount of loans Loan outstanding as on last date of financial year Interest on borrowed capital u/s 24(b)

Deductions available to a taxpayer opting for Old Tax Regime as per Income Tax act,1961

1. 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 lakh. Interest on loan u/s 24(b) allowable is tabulated below:

Nature of Property	When loan was taken	Purpose of loan	Allowable (Maximum limit)	Details Required
Self-Occupied	On or after 1/04/1999	Construction or purchase of house property	₹ 2,00,000	Loan taken from bank /other than bank Name of the bank /institution / person from whom the loan is taken Loan Account Number of the bank / institution Date of sanction of loan Total Amount of loan Loan outstanding as on last date of financial year. Interest on borrowed capital u/s 24(b)
	On or after 1/04/1999	For Repairs of house property	₹ 30,000
	Before 1/04/1999	Construction or purchase of house property	₹ 30,000
	Before 1/04/1999	For Repairs of house property	₹ 30,000
Let Out	Any time	Construction or purchase of house property	Actual value without any limit

Deductions specified under Chapter VIA of the Income Tax Act,1961

Section 80C, 80CCC, 80CCD (1) Deduction towards payments made to
80C	Life Insurance Premium Provident Fund Subscription to certain equity shares Tuition Fees National Savings Certificate Housing Loan Principal Other various items	Combined deduction limit of ₹ 1,50,000 Details to be filled in ITR for each eligible payment. Policy number or document identification number Amount eligible for deduction u/s 80C
80CCC	Annuity plan of LIC or another insurer towards Pension Scheme
80CCD (1)	Pension Scheme of Central Government
Please Note: 1. If you want to claim deduction u/s 80 CCD (1),80 CCD (1B) then you must provide the details below: Amount of contribution PRAN of taxpayer

Section 80CCD(1B)

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

2)The Deduction under this sub-section shall also be allowed, where any payment or deposit is made to the account of a minor under the pension scheme referred to in the said sub-section, by the assessee, being the parent or guardian of such minor.

Deduction limit of ₹ 50,000

If you want to claim deduction u/s 80CCC, 80 CCD (1),80 CCD (1B) then you must provide the details below:

Type of Identifier
Name of Identifier
Amount

Section 80D
Deduction towards payments made to Health Insurance Premium & 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 of ₹ 50,000
For Parents	Deduction limit of ₹ 50,000
Note: Taxpayers claiming deduction u/s 80D, must provide the details as below: Name of the Insurer (Insurance Company) Policy Number Health Insurance amount

80E
Deduction towards interest payments made on loan for higher education of self or relative	Total amount paid towards interest on loan taken

Note:

For claiming deduction under section 80E, details below need to be provided in ITR:

Loan taken from bank/institution
Name of the institution/ bank from which loan is taken
Loan Account number of the bank/institution
Date of sanction of loan
Total Amount of loans
Loan outstanding as on last date of financial year
Interest u/s 80E

80EE
Deduction towards interest payments made on loans 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

Note:

For claiming deduction under section 80EE, below details need to be provided in ITR:

Loan taken from bank/institution
Name of the bank/institution from which loan is taken
Loan Account Number of the bank/institution
Date of sanction of loan
Total Amount of loans
Loan outstanding as on last date of financial year
Interest u/s 80EE

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 80EEA	Deduction limit of ₹ 1,50,000 on the interest paid on loan taken

Note:

For claiming deduction under section 80EEA, below details need to be provided in ITR:

Stamp value of residential house property
Loan taken from bank/institution
Name of the bank/ institution from which the loan is taken
Loan Account Number of the bank/institution.
Date of sanction of loan
Total Amount of loans
Loan outstanding as on last date of financial year
Interest u/s 80EEA

Note that the deduction u/s 80EEA can be claimed only if the limit in section 24(b) is exhausted. Also, either 80EE or 80EEA can be claimed by taxpayers based on loan sanction date and other eligible conditions.

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

Note:

For claiming deductions under section 80EEB, below details need to be provided in ITR:

Loan taken from bank/institution
Name of the bank/ institution from which the loan is taken
Loan Account Number of the bank/institution.
Date of sanction of loan
Total Amount of loans
Loan outstanding as on last date of financial year
Interest u/s 80EEB
Vehicle registration Number.

80G
Deduction towards donations made to certain funds, charitable institutions, etc. Donations 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 by 10% of total income before this deduction	₹ 5,000 per month	25% of total income before this deduction
Note: For claiming deduction u/s 80GG, it is mandatory to file Form 10BA and enter the (acknowledgement number.) of Form 10 BA in Schedule 80 GG while filing the return of Income.

80GGA

Deduction towards donations made for Scientific Research or Rural Development.

Donations 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 donations made in cash exceeding ₹ 2,000 or if gross total income includes income from Profit / Gains from Business / Profession.

80GGC

Deduction towards contribution made to Political party or Electoral Trust

Deduction towards contribution made to Political party or Electoral Trust.

No deduction will be allowed if any contribution is made in cash

80IA

Deduction in respect of profits of an undertaking referred to in section 80-IA(4)(iv) [Power]

100% of profit for 10 consecutive 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 of April 2017.

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

80IB

Deduction towards Profits and Gains from specified industrial undertakings other than infrastructure development undertakings- 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:

Commercial production or refining of mineral oil [Section 80-IB (9)]
developing and building housing projects [Section 80-IB (10)]
Undertaking engaged in processing, preservation and packaging of fruits, vegetables, meat, meat products, poultry, marine or dairy products [Section 80-IB (11A)]
Undertaking engaged integrated business of handling, storage and transportation of food grains [Section 80-IB (11A)]

(Subject to certain conditions)

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).

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 deposit with Saving Bank Accounts by Individual (other than Senior Citizen) / HUF.	Deduction limit of ₹ 10,000/-