An Individual being Indian citizen or person of Indian origin is said to be Non Resident Indian(NRI) in any financial year, if he/she satisfies both the following conditions:
Condition 1
He/ She stay in India for less than 182 days in that financial year.
And
Condition 2
He/ She stay in India for less than 365 days during the 4 preceding previous financial years and less than 60 days in that previous year.
Notes-
1. Indian Citizen- https://en.wikipedia.org/wiki/Indian_nationality_law#Citizenship_by_birth
2. A Person of Indian origin (PIO)-
An individual is deemed to be of Indian origin if,
ii. Either of his parents, or
iii. Any of his grandparents was born in undivided India.
3. Only Condition 1 is to be satisfied to become a NRI till FY 19-20 to following individuals-
i. being a citizen of India, who leaves India in any previous year as a member of the crew of an Indian ship or for the purposes of employment outside India.(say Case 1)
ii. being a citizen of India, or a person of Indian origin who, being outside India,comes on a visit to India in any previous year.(say Case 2)
| Till FY 19-20(For both above case) | From FY 2020-21 onwards |
| Stay in India for less than 182 days, shall be treated as Non Resident Indian (NRI). | i. For Case 1- Stay in India for less than 182 days, shall be treated as Non Resident Indian (NRI). |
If Income from India is 15L or less than 15L- Stay in India for less than 182 days, shall be treated as Non Resident Indian (NRI).