NRI Income Tax Return filing for AY 2025-26

Ensure smooth NRI Income Tax Return filing for AY 2025-26. Our expert team helps you navigate complex tax laws, ensuring timely and accurate filing. Avoid penalties, maximize your refund, and stay compliant with Indian tax regulations. Get professional help now and file with confidence—start your filing today!

Apply for ITR filing
For AY 2025-26
1999/-
  • Computation
  • ITR acknowledgment
  • Filed ITR form

NRI Income Tax Return Filing in India: Assessment Year 2025-26

For Non-Resident Indians (NRIs), navigating the complexities of Indian income tax laws requires careful attention. As we move into Assessment Year (AY) 2025-26 (Financial Year 2024-25), it’s crucial for NRIs to be aware of their tax obligations, the appropriate forms to use, and recent updates to ensure full compliance and avoid any penalties.

Determining NRI Residential Status for AY 2025-26

Your residential status is the fundamental determinant of your tax liability in India. For AY 2025-26, an individual is generally considered an NRI if they meet one of the following conditions:

  • They are in India for less than 182 days during the Financial Year 2024-25 (April 1, 2024, to March 31, 2025).
  • They are in India for less than 60 days during the financial year and have not been in India for 365 days or more during the four preceding financial years.

It’s important to note that specific exceptions apply to Indian citizens and Persons of Indian Origin (PIOs) visiting India. If their total Indian income (excluding foreign sources) exceeds ₹15 lakh, the 60-day rule for becoming a resident changes to 120 days. If they stay for 120 days or more but less than 182 days, they may be classified as a Resident but Not Ordinarily Resident (RNOR), in which case only their Indian income is taxed.

What Income is Taxable for NRIs in India?

NRIs are primarily taxed on income that is accrued or received in India, or is deemed to accrue or be received in India. This encompasses various income heads:

  • Salary Income: If received from an Indian employer or for services rendered in India.
  • Rental Income: From any property situated in India.
  • Interest Income: From Non-Resident Ordinary (NRO) bank accounts, fixed deposits, or other investments in India. It’s crucial to distinguish this from interest on Non-Resident External (NRE) accounts, which is generally exempt from tax in India.
  • Capital Gains: From the sale of capital assets located in India, such as shares of Indian companies, mutual funds, or immovable property in India. There have been updates regarding capital gains reporting in the ITR forms for AY 2025-26.
  • Business or Professional Income: Arising from a business controlled in India or a profession set up in India.
  • Dividend Income: From Indian companies or mutual funds is generally taxable in India for NRIs.

Income earned and accrued outside India is typically not taxable in India for NRIs.

Choosing the Correct ITR Form for AY 2025-26

Selecting the appropriate Income Tax Return (ITR) form is a critical step for NRIs. Unlike resident individuals, NRIs cannot use ITR-1 (Sahaj). The most common forms for NRIs are:

  • ITR-2: This is the most widely used form for salaried NRIs and those with income from capital gains, more than one house property, foreign income, or foreign assets. It is suitable for individuals and Hindu Undivided Families (HUFs) who do not have income from profits and gains of business or profession.
  • ITR-3: This form is applicable for NRIs who have income from a business or profession in India.
  • ITR-4 (Sugam): This form can be utilized by NRIs who opt for presumptive taxation under sections 44AD, 44ADA, or 44AE and have business or professional income below ₹50 lakh, provided they do not hold foreign assets or earn foreign income.

Key Changes and Considerations for AY 2025-26

  • ITR Filing Deadline Extension: For most individual NRIs whose accounts are not subject to audit, the due date for filing ITR for FY 2024-25 (AY 2025-26) has been extended to September 15, 2025, from the earlier July 31, 2025. However, if this deadline is missed, a belated return can still be filed by December 31, 2025, with applicable interest and penalties.
  • Default Tax Regime: The new tax regime under Section 115BAC is now the default. However, taxpayers, including NRIs, retain the option to choose the old tax regime. It is crucial to evaluate which regime is more beneficial based on your specific income structure and eligibility for deductions and exemptions.
  • Tax Slabs: Both the old and new tax regimes have updated tax slabs for AY 2025-26. Under the new regime, the basic exemption limit has been hiked to ₹4 lakh for FY 2025-26 (AY 2026-27), and the tax rebate under Section 87A is applicable for taxable incomes up to ₹12 lakh.
  • Deductions and Exemptions: Under the old tax regime, NRIs can claim various deductions under Chapter VI-A (e.g., Section 80C for investments, Section 80D for health insurance, and interest on housing loans under Section 24(b)). Many of these deductions are not available under the new tax regime.
  • Double Taxation Avoidance Agreements (DTAAs): India has DTAAs with numerous countries to prevent the same income from being taxed twice. NRIs residing in a country with which India has a DTAA can claim relief by providing their Tax Residency Certificate (TRC) and filing Form 10F electronically.
  • TDS and Form 26AS/AIS: It is imperative for NRIs to reconcile their income and taxes with Form 26AS and the Annual Information Statement (AIS). These statements provide comprehensive details of tax deducted at source (TDS) and other financial transactions in India.
  • Exemption from Return Filing: An NRI is generally not required to file an income tax return in India if their only income during the financial year is investment income and/or long-term capital gains from specified FOREX assets, and the relevant tax has been deducted at source. However, filing an ITR is beneficial for claiming TDS refunds or carrying forward capital losses.
  • Disclosure of Foreign Assets: While NRIs are generally not taxed on foreign income, certain ITR forms (like ITR-2 and ITR-3) require disclosure of foreign assets if the NRI becomes a Resident and Ordinarily Resident (ROR) in India in subsequent years.
Apply for ITR filing
For AY 2025-26
1999/-
  • Computation
  • ITR acknowledgment
  • Filed ITR form

Essential Documents for NRI ITR Filing

NRIs should have the following documents readily available for their ITR filing:

  • PAN Card
  • Passport (especially for determining residential status based on entry/exit stamps)
  • Valid Visa/Overseas Resident Permit
  • NRO/NRE bank account statements
  • Form 26AS and Annual Information Statement (AIS)
  • TDS Certificates (Form 16A, if applicable)
  • Details of income from property in India (rental receipts, municipal tax payments)
  • Capital gains statements from the sale of Indian shares, mutual funds, or property
  • Proofs for claiming any applicable deductions (if opting for the old tax regime)
  • Tax Residency Certificate (TRC) and Form 10F (for DTAA claims)

NRI ITR Filing Last Date for AY 2025-26

The due date for filing NRI ITR Filing for AY 2025-26 for individuals who do not require an audit has been extended to September 15, 2025. It’s always best to file your return well before the deadline to avoid any last-minute stress or penalties.

Timely and accurate ITR filing is crucial for NRIs to ensure compliance, avoid penalties, and facilitate claiming any refunds due. It also helps in maintaining a transparent financial record in India. Given the nuances of NRI taxation, it is always advisable to seek professional guidance from a tax expert specializing in this area.

File Your NRI ITR on time to avoid penalty

Don't wait until the last minute! Use your Form 16 to easily file your Income Tax Return. Get started today for a smooth and compliant tax season.

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