Received an Income Tax Notice in India? Don’t Panic — Here’s Exactly What to Do [2025 Guide]
“Over 82 lakh income tax notices were issued in 2024 — mostly for mismatched data, not fraud.” — CBDT Annual...
Navigate complex NRI taxation and FEMA regulations with our specialized compliance services. We help non-resident Indians file tax returns, manage Indian assets, repatriate funds, and ensure complete foreign exchange compliance across India.
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Non-Resident Indians (NRIs) face unique tax and regulatory challenges managing Indian income, assets, and investments while residing abroad. Indian tax laws and Foreign Exchange Management Act (FEMA) regulations impose specific compliance requirements, restrictions, and reporting obligations on NRIs that differ significantly from resident Indians.
Understanding Residential Status:
Resident: In India for 182+ days during the financial year, or 60+ days in the year and 365+ days in preceding 4 years. Taxed on global income.
Non-Resident (NRI): Doesn’t meet resident criteria. Taxed only on Indian-sourced income—salary earned in India, rental from Indian property, capital gains from Indian assets, and interest/dividends from Indian investments.
Resident but Not Ordinarily Resident (RNOR): Transitional status. Taxed on Indian income plus foreign income from Indian business/profession. Provides some relief during relocation period.
NRI Tax Obligations:
File ITR if total Indian income exceeds basic exemption limit (₹2.5-3 lakhs depending on age), if TDS was deducted and refund is due, or for claiming tax treaty benefits. Different ITR forms apply—typically ITR-2 for NRIs with capital gains or property income.
FEMA Compliance Requirements:
Restrictions on property types NRIs can purchase (residential yes, agricultural/plantation no), mandatory NRE/NRO/FCNR account requirements, repatriation limits on sale proceeds, RBI reporting for high-value transactions, and restrictions on certain business activities and investments.
Common NRI Challenges:
Managing rental properties from abroad, TDS at higher rates (30% vs. slab rates for residents), capital gains taxation with currency fluctuation implications, double taxation issues requiring treaty benefits, FEMA-compliant property transactions, and repatriating sale proceeds or inheritances.
Complete Tax Compliance Ensure proper ITR filing meeting all NRI-specific requirements, avoiding penalties, scrutiny, and complications in future property transactions or fund repatriation.
TDS Refund Optimization Claim refunds when TDS deducted exceeds actual tax liability based on slab rates, potentially recovering significant amounts annually from rental or investment income.
FEMA Compliance Assurance Navigate complex foreign exchange regulations correctly for property transactions, fund transfers, and investments, avoiding violations that can block repatriation.
Tax Treaty Benefits Utilize Double Taxation Avoidance Agreements (DTAA) between India and your country of residence, preventing double taxation and optimizing overall tax position.
Property Transaction Support Ensure property purchases and sales are FEMA-compliant, with proper documentation, account types, and repatriation certificates enabling fund transfer abroad.
Repatriation Facilitation Help repatriate rental income, sale proceeds, or inheritance funds to foreign accounts within legal limits and with required documentation.
Lower TDS Rates Obtain Form 15CA/15CB and Lower TDS certificates reducing withholding tax rates on various payments, improving immediate cash flow.
Peace of Mind Abroad Professional handling of Indian tax and regulatory matters lets you focus on life abroad without worrying about compliance issues back home.
Step 1: Residential Status Determination (1-2 Days) Analyze your physical presence in India, employment location, and residential pattern to accurately determine tax residential status (Resident/NRI/RNOR) for the financial year.
Step 2: Income Source Identification (2-3 Days) Identify all Indian income sources—rental properties, capital gains from asset sales, interest from NRO/NRE accounts, dividend income, and any business/professional income in India.
Step 3: Document Collection (3-5 Days) Gather Form 26AS, TDS certificates, rental agreements and receipts, property sale documents, bank interest certificates (NRE/NRO accounts), and overseas employment/residence proof.
Step 4: Tax Computation (2-3 Days) Calculate taxable Indian income, apply applicable deductions (standard deduction, 80C if eligible), determine tax liability considering slab rates, and compare with TDS already deducted.
Step 5: DTAA Analysis (2-3 Days) If you paid tax abroad on same income, analyze tax treaty provisions, determine eligible tax credit or exemption, and prepare Form 67 for foreign tax credit claim.
Step 6: ITR Preparation (3-5 Days) Prepare appropriate ITR form (usually ITR-2), accurately report all Indian income, claim deductions and foreign tax credit, and ensure disclosures meet NRI requirements.
Step 7: ITR Filing & Verification (1-2 Days) E-file return on income tax portal, pay any balance tax due, and complete verification through Aadhaar OTP, net banking, or sending signed ITR-V to CPC Bangalore.
Step 8: FEMA Compliance Review (Ongoing) Review property transactions for FEMA compliance, verify correct bank account usage (NRE/NRO/FCNR), check repatriation eligibility and limits, and ensure RBI reporting compliance.
Step 9: Repatriation Assistance (As Required) Prepare CA certificates for property sale proceeds repatriation, complete Form 15CA/15CB for fund remittances, coordinate with banks for fund transfer, and maintain documentation for audit trail.
Step 10: Ongoing Advisory (Annual) Advise on tax-efficient structuring of Indian investments, property purchase/sale timing and documentation, and changes in NRI taxation or FEMA regulations affecting you.
Total Timeline: ITR filing 2-3 weeks; FEMA compliance varies by transaction
Residential Status Proof
Income Documents
Rental Income:
Capital Gains:
Investment Income:
Tax Documents
FEMA Compliance Documents
Property Documents (If Applicable)
Foreign Tax Documents
Bank Documents
Identity Documents
Note: NRI compliance is document-intensive. Maintain organized records of all India-related financial transactions to simplify annual filing and support FEMA compliance.
Yes, if your Indian income exceeds basic exemption limit (₹2.5-3 lakhs) or if TDS was deducted and you want refund. Even without these, filing is advisable for maintaining compliance records needed for property transactions and fund repatriation.
NRE (rupee, foreign funds, fully repatriable, tax-free interest), NRO (rupee, Indian income, limited repatriation, taxable interest), FCNR (foreign currency, fixed deposit, fully repatriable, tax-free). Use appropriate account type for specific income/fund sources per FEMA.
NRIs can purchase residential/commercial property but not agricultural land, plantation, farmhouse. Must pay from NRE/NRO accounts (not foreign currency directly). Sale proceeds repatriable up to USD 1 million annually. Agricultural property can be inherited but not purchased.
Claim foreign tax credit in your country of residence using Form 67 and DTAA provisions. File ITR in India showing foreign tax paid. Alternatively, structure rental to minimize one country’s tax legally. Tax treaty determines which country has primary taxation right.
Count days carefully. If in India 182+ days during FY, you’re resident, taxable on global income. RNOR status may apply if you were NRI in 9 of 10 previous years, providing relief. Status determination affects entire year’s taxation.
Obtain CA certificate showing FEMA compliance, capital gains tax payment, and amount eligible for repatriation (up to USD 1 million annually). Submit to bank with sale deed, tax payment proof, Form 15CA/15CB. Bank transfers funds to foreign account.
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Here are some answers to potential questions that may arise as you start your business.
Register your business, obtain necessary licenses, and fulfill tax obligations.
Consider factors like ownership, liability, and tax implications to choose from options like sole proprietorship, partnership, or company registration.
Choose a unique business name, obtain required IDs like Director Identification Number (DIN), and file incorporation documents with the Registrar of Companies (ROC).
Obtain GST registration, trade licenses, and any industry-specific permits required to operate legally.
Maintain accurate financial records, file tax returns on time, and adhere to the tax laws applicable to your business.
Yes, startups in India can benefit from various government schemes offering tax exemptions, funding support, and incubation facilities.
Secure patents, trademarks, or copyrights to safeguard your intellectual assets from infringement or unauthorized use.
Challenges include navigating bureaucratic hurdles, complying with complex regulations, and competing in a crowded marketplace.
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