Non-Resident Individual for AY 2025-26
Returns and Forms Applicable for Salaried Individuals for AY 2025-26
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 |
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This return is applicable for Individual (whether Resident or Non-Resident) and Hindu Undivided Family (HUF).
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2. ITR-3 - Applicable for Non-Resident Individual |
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This return is applicable for Individual (whether Resident or Non-Resident) and Hindu Undivided Family (HUF).
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Forms Applicable
1. Form 12BB - Particulars of claims by an employee for deduction of tax (u/s192) |
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2. Form 16 - Details of Tax Deducted at Source on Salary (Certificate u/s 203 of the Income Tax Act, 1961) |
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3. Form 16A – Certificate u/s 203 of the Income Tax Act, 1961 for tax TDS on Income other than Salary |
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5. Form 10E - Form for furnishing particulars of Income for claiming relief U/S 89(1) when salary is paid in arrears or advance |
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6. Form 3CB-3CD |
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7. Form 3CEB |
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8. Form 3CE |
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Tax Slabs for AY 2025-26***
- The Finance Act 2024 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 defaut 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, taxpayers have the option to claim various tax deductions and exemptions.
- In "non-business cases", option to choose the 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).
- 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) 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 insubsequent 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 |
Default Tax Regime u/s 115BAC (1A) |
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Income Tax Slab |
Income Tax Rate |
*Surcharge |
Income Tax Slab |
Income Tax Rate |
*Surcharge |
Up to ₹ 2,50,000 |
Nil |
Nil |
Up to ₹ 3,00,000 |
Nil |
Nil |
₹ 2,50,001 - ₹ 5,00,000 |
5% above ₹ 2,50,000 |
Nil |
₹ 3,00,001 - ₹ 7,00,000 |
5% above ₹ 3,00,000 |
Nil |
₹ 5,00,001 - ₹ 10,00,000 |
₹ 12,500 + 20% above ₹ 5,00,000 |
Nil |
₹ 7,00,001 - ₹ 10,00,000 |
₹ 20,000 + 10% above ₹ 7,00,000 |
Nil |
₹ 10,00,001- ₹ 50,00,000 |
₹ 1,12,500 + 30% above ₹ 10,00,000 |
Nil |
₹ 10,00,001 - ₹ 12,00,000 |
₹ 50,000 + 15% above ₹ 10,00,000 |
Nil |
₹ 50,00,001- ₹ 100,00,000 |
₹ 1,12,500 + 30% above ₹ 10,00,000 |
10% |
₹ 12,00,001 - ₹ 15,00,000 |
₹ 80,000 + 20% above ₹ 12,00,000 |
Nil |
₹ 100,00,001- ₹ 200,00,000 |
₹ 1,12,500 + 30% above ₹ 10,00,000 |
15% |
₹ 15,00,001- ₹ 50,00,000 |
₹ 1,40,000 + 30% above ₹ 15,00,000 |
Nil |
₹ 200,00,001- ₹ 500,00,000 |
₹ 1,12,500 + 30% above ₹ 10,00,000 |
25% |
₹ 50,00,001- ₹ 100,00,000 |
₹ 1,40,000 + 30% above ₹ 15,00,000 |
10% |
Above ₹ 500,00,000 |
₹ 1,12,500 + 30% above ₹ 10,00,000 |
37% |
₹ 100,00,001- ₹ 200,00,000 |
₹ 1,40,000 + 30% above ₹ 15,00,000 |
15% |
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Above ₹ ₹ 200,00,001 |
₹ 1,40,000 + 30% above ₹ 15,00,000 |
25% |
*Note: The enhanced surcharge of 25% & 37%, as the case may be, 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.
**Note : Under Old tax regime, tax rates for non-resident individual will be same as above irrespective of date of birth of the taxpayer.
***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 crore or ₹ 5 crores respectively under old tax regime and the amount of income earned exceeding ₹ 50 lakhs, ₹ 1 crore and ₹ 2 crore respectively under new tax regime as under:
Net Income Range |
Marginal Relief |
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Exceeds (Rs.) |
Does not exceed (Rs.)
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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 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 under both the tax regimes. |
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 under both the tax regimes. |
5 Crore |
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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 under old tax regime. |
Investments / Payments / Income on which I can get Tax Benefit
Following deductions will be available to a taxpayer opting for the New Tax Regime u/s 115BAC:
- 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 |
• Loan taken from bank / other than bank • Name of the bank / institution / person from whom the loan is taken • Loan Account Number. • 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) |
Tax deductions in the Old Tax Regime
- 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. • 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 |
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Before 1/04/1999 |
Construction or purchase of house property |
₹ 30,000 |
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Before 1/04/1999 |
For Repairs of house property |
₹ 30,000 |
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Let Out |
Any time |
Construction or purchase of house property |
Actual value without any limit |
Tax deductions specified under Chapter VIA of the Income Tax Act
Section 80C, 80CCC, 80CCD (1) |
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Deduction towards payments made to
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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) |
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Deduction towards payments made to Pension Scheme of Central Government, excluding deduction claimed under 80CCD (1) |
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Section 80D |
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Deduction towards payments made to Health Insurance Premium & Preventive Health check up
Deduction towards Medical Expenditure incurred on a Senior Citizen, if no premium is paid on health insurance coverage
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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 |
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Deduction towards interest payments made on loan for higher education of self or relative |
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Note:
For claiming deduction under section 80E, below details 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 loan
• Loan outstanding as on last date of financial year
• Interest u/s 80E
Please note that the deduction u/s 80E can be claimed only if the limit in section 24(b) is exhausted.
80EE |
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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 |
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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 loan
• Loan outstanding as on last date of financial year
• Interest u/s 80EE
80EEA |
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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 |
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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 loan
• 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 taxpayer based on loan sanction date and other eligible conditions.
80EEB |
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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 |
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Note:
For claiming deductions under section 80EEB, below details needs 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 loan
• Loan outstanding as on last date of financial year
• Interest u/s 80EEB
• Vehicle registration Number.
80G |
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Deduction towards donations made to certain funds, charitable institutions, etc. Donation are eligible for deduction under the below categories:
Note: No deduction shall be allowed under this section in respect of donation made in cash exceeding ₹2,000/-. |
80GG |
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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:
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80GGA |
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Deduction towards donations made for Scientific Research or Rural Development. Donation are eligible for deduction under the below categories:
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 |
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Deduction towards contributions made to Political party or Electoral Trust |
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80IA |
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Deduction in respect of profits of an undertaking referred to in section 80-IA(4)(iv) [Power] |
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80IB |
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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).
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80IE |
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Deduction to certain Undertakings set up in North - Eastern states (subject to certain conditions) |
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80JJA |
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Deduction in respect of Profits and Gains from Business of Collecting and Processing of Biodegradable Waste (subject to certain conditions) |
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80JJAA |
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Deduction in respect of Employment of New Workers / Employees, applicable to Assessee to whom Section 44AB applies (subject to certain conditions). |
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80TTA |
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Deduction on interest received on Saving Bank Accounts by Individual (other than Senior Citizen) / HUF. |
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