Non-Resident Individual for AY 2022-2023

Returns and Forms Applicable for Non-Resident Individual for AY 2022-2023

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 - Annual Information Statement

Provided by

Details provided in the form

Income Tax Department

(It is available on the TRACES portal that may be accessed after logging on to the e-filing portal or Internet Banking)

Tax Deducted / Collected at Source
Advance Tax / Self-Assessment Tax
Specified Financial transactions
Demand / Refund
Pending / Completed proceedings

5. 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

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. To be furnished on or before 30th September of the Assessment Year.	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 for entering into an international transaction or specified domestic transaction. To be furnished on or before 31st October of the Assessment Year.	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 for receipt of specified incomes from specified persons. To be furnished on or before 30th September of the Assessment Year	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 2022-23

Non-Resident Individual can opt for the existing tax regime or the new tax regime with lower rate of taxation (u/s 115BAC of the Income Tax Act).

The taxpayer opting for concessional rates in the new tax regime will not be allowed certain exemptions and deductions (like 80C, 80D, 80TTB, HRA) available in the existing tax regime.

Existing 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 ₹ 2,50,000	Nil
₹ 2,50,001 - ₹ 5,00,000	5% above ₹ 2,50,000	₹ 2,50,001 - ₹ 5,00,000	5% above ₹ 2,50,000
₹ 5,00,001 - ₹ 10,00,000	₹ 12,500 + 20% above ₹ 5,00,000	₹ 5,00,001 - ₹ 7,50,000	₹ 12,500 + 10% above ₹ 5,00,000
Above ₹ 10,00,000	₹ 1,12,500 + 30% above ₹ 10,00,000	₹ 7,50,001 - ₹ 10,00,000	₹ 37,500 + 15% above ₹ 7,50,000
		₹ 10,00,001 - ₹ 12,50,000	₹ 75,000 + 20% above ₹ 10,00,000
		₹ 12,50,001 - ₹ 15,00,000	₹ 1,25,000 + 25% above ₹ 12,50,000
		Above ₹ 15,00,000	₹ 1,87,500 + 30% above ₹ 15,00,000

Note: The rates of surcharge and Health & Education cess are same under both the tax regimes.

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

10% - Taxable Income above ₹ 50 lakh – Up to ₹ 1 crore
15% - Taxable Income above ₹ 1 crore - Up to ₹ 2 crore
25% - Taxable Income above ₹ 2 crore - Up to ₹ 5 crore
37% - Taxable Income above ₹ 5 crore
Maximum surcharge on income by way of dividend or income under the provisions of 111A, 112A and 115AD is 15%.

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.

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/-