Residential status

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procedures followed for determination of residential status in india.

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Residential status

  1. 1. TOPIC: DETERMINATION OFRESIDENTIAL STATUS OF ASSESSEE PRESENTED BY, GINO P GEORGE
  2. 2. RESIDENCE OF ASSESSEES THE SCOPE OF TOTAL INCOME OF THE ASSESSEE IS DETERMINED WITH REFERENCE TO HIS RESIDENCE IN INDIA IN THE PREVIOUS YEAR (SEC.5) RESIDENCE AND CITIZENSHIP ARE TWO DIFFERENT THINGS. THE INCIDENCE OF TAX HAS NOTHING TO DO WITH CITIZENSHIP AN INDIAN MAY BE NON RESIDENT AND A FOREIGNER MAY BE RESIDENT IN INDIA
  3. 3. TYPES OF RESIDENTS TYPES OF RESIDENTS RESIDENT NON RESIDENTORDINARILY RESIDENT NOT ORDINARILY RESIDENT
  4. 4. RULES FOR DETERMINING RESIDENTIAL STATUS OF INDIVIDUALS1.RESIDENT ( ORDINARILY RESIDENT)AN INDIVIDUAL IS SAID TO BE RESIDENT IN INDIA INANY PREVIOUS YEAR IF HE SATISFIES ANY ONE OF THEFOLLOWING BASIC CONDITIONS (SEC.6(1)) BASIC CONDITIONS (a) HE IS IN INDIA IN THE PREVIOUS YEAR FOR APERIOD OF 182 DAYS OR MORE, OR (b) HE HAS BEEN IN INDIA FOR AT LEAST 365 DAYSDURING THE 4 YEARS PRECEDING THE PREVIOUS YEARSAND IS IN INDIA FOR AT LEAST 60 DAYS DURING THEPREVIOUS YEAR.
  5. 5. ADDITIONAL CONDITIONS IN ORDER THAT AN INDIVIDUAL MAY BECOME ORDINARILY RESIDENT IN INDIA, HE IS TO SATISFY BOTH OF THE FOLLOWING CONDITIONS BESIDES SATSFYING ANY ONE OF THE ABOVE MENTIONED BASIC CONDITIONS: ADDITIONAL CONDITIONS (a) HE HAS BEEN RESIDENT IN INDIA IN AT LEAST 2OUT OF 10 PREVIOUS YEARS PRECEDING THE RELEVANTPREVIOUS YEAR. (b) HE HAS BEEN IN INDIA FOR AT LEAST 730 DAYS INALL DURING THE 7 PREVIOUS YEARS PRECEDING THERELEVANT PREVIOUS YEAR
  6. 6. 2.NOT ORDINARILY RESIDENTIF AN INDIVIDUAL SATISFIES ANY ONE OF THE BASICCONDITIONS BUT DOES NOT SATISFY THE AFORESAID2 ADDITIONAL CONDITIONS, HE IS SAID TO BE NOTORDINARILY RESIDENT (sec.6(6)a)
  7. 7. 3.NON RESIDENTIF AN INDIVIDAUAL SATISFIES NONE OF THEAFORESAID BASIC CONDITIONS, HE IS SAID TO BE NONRESIDENT
  8. 8. THANK YOU

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