NRI Tax Consultant: Simplifying Tax Compliance for HNIs and Expats in India
Being a Non-Resident Indian (NRI) offers many opportunities—experiencing diverse cultures, exploring career options abroad, and enjoying a higher income. However, managing your tax affairs in India can be complex, particularly for High Net Worth Individuals (HNIs) who have assets both in India and abroad. This guide will help simplify the process, emphasizing the importance of consulting an NRI tax consultant to ensure you comply with Indian tax laws.
Understanding Your Tax Residency Status
The first step towards NRI tax compliance is understanding your residential status for tax purposes. According to the Income Tax Act, 1961, your residential status is determined based on the number of days you spend in India during a financial year. Here’s a breakdown:
- Resident: If you spend 182 days or more in India during a financial year.
- Non-Resident: If you spend less than 182 days in India during a financial year.
- Resident but Not Ordinarily Resident (RNOR): If you are an Indian citizen who has not been a resident in India for the past ten years.
Your residential status determines which type of income is taxable in India and the applicable tax rates. Consulting an NRI tax consultant can help assess your status accurately and avoid any potential tax-related pitfalls.
Tax Implications for NRIs
NRIs are generally taxed only on income sourced from India. This includes:
- Rental income from property in India.
- Interest income on bank deposits in India.
- Capital gains on sale of assets in India, such as real estate and stocks.
- Pension income received from India.
The tax rates for NRIs vary depending on the type of income, and also the Double Taxation Avoidance Agreements (DTAAs) India has with your country of residence. An NRI tax consultant can help you navigate these complexities and ensure you’re compliant while minimising your tax liability.
Recent Developments in NRI Taxation
Several recent developments in NRI taxation are important for NRIs to know:
- Taxation of Immovable Property: The Finance Act, 2021, introduced a provision requiring buyers to deduct 1% TDS on the sale consideration of property exceeding ₹50 lakh, if the seller is a non-resident. NRIs can claim a refund after filing their income tax returns.
- Long-Term Capital Gains (LTCG) on Sale of Listed Shares: The Budget introduced a new LTCG tax on the sale of listed shares exceeding ₹1 lakh per year. However, NRIs are exempt from this tax if they invest through a Registered Foreign Portfolio Investor (RFPI) account.
It is essential for NRIs to stay updated on these legal updates, as tax regulations often change. Consulting an NRI tax consultant ensures you’re up to date with the latest developments.
Benefits of Consulting an NRI Tax Consultant
An NRI tax consultant can be invaluable in helping you manage your tax obligations. Here’s how:
- Accurate Tax Filing: An NRI tax consultant will help you assess your tax residency, identify your taxable income, and ensure timely, accurate filing of your NRI tax returns.
- Tax Optimisation: They help explore tax-saving opportunities available to NRIs, such as exemptions and deductions, to reduce your tax liability.
- Legal Tax Compliance for NRIs: Your consultant will keep you informed on the latest tax laws and regulations, ensuring you stay compliant and avoid penalties.
- Representation before Tax Authorities: If you face any tax disputes or inquiries, your consultant can represent you before the tax department, protecting your interests.
Choosing the Right NRI Tax Consultant
When selecting an NRI tax consultant, it’s important to consider their experience with both Indian and international tax laws. The ideal consultant should have in-depth knowledge of tax implications for NRIs and be able to offer customised solutions to meet your specific needs.
The Role of an NRI Tax Consultant in Property and Capital Gains Tax
An NRI tax consultant will also assist with specific tax areas such as property tax for NRIs. Whether you’re buying, selling, or renting property in India, there are numerous tax implications, including the capital gains tax on the sale of assets. It’s essential to work with an expert who can guide you through the nuances of these taxes and ensure compliance with Indian tax law.
About LawCrust Legal Consulting
LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a leading law firm offering specialised services for NRIs, including NRI tax consultancy. With over 70 specialised lawyers and 25+ panelled law firms across 50 offices in India, we provide comprehensive support to NRIs and HNIs in all legal matters, including tax compliance for NRIs. Offer premium legal services, including NRI Legal Services, Litigation Finance, Mergers & Acquisitions, Hybrid Consulting Services, Startup Solutions, Litigation Management, and Legal Protect. specialises in offering comprehensive legal solutions across India and internationally. Their expertise includes:
Our expert team stays updated on the latest tax laws and regulations, ensuring our clients are always compliant. Whether you need help with NRI tax returns, property tax for NRIs, or capital gains tax guidance, we are here to assist.
For expert advice on managing your taxes or any other legal concerns, LawCrust is your trusted partner. Contact us today at +91 8097842911 or email bo@lawcrust.com for a consultation with our experts.