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- Income Tax filing of NRI

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

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

Income Tax forms applicable for Non-Residential Individuals:

  • 1. ITR-2: Applicable for Individual or HUF not having income under the head Profits and gains from business and profession.
  • 2. ITR-3: Applicable for Individual or HUF having income under the head Profits and gains from business and profession.

Tax slabs for AY 2023-2024

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

Old Tax Regime
Income Tax Slab Income Tax Rate
Upto Rs. 2,50,000 Nil
Rs. 2,50,001- 5,00,000 5% above Rs. 2,50,000
Rs. 5,00,001- 10,00,000 Rs. 12,500 + 20% above Rs. 5,00,000
Above Rs. 10,00,000 Rs. 1,12,500 + 30% above Rs. 10,00,000


New Tax Regime u/s 115BAC
Income Tax Slab Income Tax Rate
Upto Rs. 2,50,000 Nil
Rs. 2,50,001- 5,00,000 5% above Rs. 2,50,000
Rs. 5,00,001- 7,50,000 Rs. 12,500 + 10% above Rs. 5,00,000
Rs. 7,50,001- 10,00,000 Rs. 37,500 + 15% above Rs. 7,50,000
Rs. 10,00,001- 12,50,000 Rs. 75,000 + 20% above Rs. 10,00,000
Rs. 12,50,001- 15,00,000 Rs. 1,25,000 + 25% above Rs. 12,50,000
Above Rs. 15,00,000 Rs. 1,87,500 + 30% above Rs. 15,00,000

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.