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ITR for NRI – An Overview

ITR for NRIs is governed by the provisions of the Income Tax Act, 1961, with clear rules on residential status, taxable income, and compliance requirements. In India, the ITR return for NRI is submitted in compliance with certain conditions that require income to be below the basic exemption limit.

The daunting process of filing income tax returns for an NRI helps ensure compliance with Indian tax laws, claim tax refunds, and maintain financial records of all transactions in India and abroad. Connect with our experts at Corpbiz and start reporting all rental income, interest on NRO accounts, dividend income from Indian companies, and capital gains from the sale of property situated in India.

ITR for NRI
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Why is Filing an ITR Return for NRIs Important?

The importance of filing an ITR return for NRIs in India is discussed below:

Importance of Filing ITR Return for NRIs
Claim Tax Refunds

Claim Tax Refunds

Filing an ITR return for NRI ensures deducting TDS on interest or rent at higher rates, thereby enabling a claim for a refund of the excess tax deducted.

Carry Forward Losses

Carry Forward Losses

Consistent filing of an ITR return helps NRIs to carry forward losses to offset against future capital gains in India.

Claim Deduction

Claim Deduction

Filing an ITR for NRIs helps them claim deductions under Sections 80C, 80D, and 80E on their Indian income, ultimately leading to the reduction of their tax liability.

Repatriation of Funds

Repatriation of Funds

Filing an ITR return for NRI provides evidence of the smooth repatriation of substantial money from NRO accounts abroad.

Lower TDS on Income

Lower TDS on Income

Regular filing of an ITR return for NRI helps maintain eligibility for Double Tax Treaty benefits and manage lower TDS on income in subsequent years.

Compliance with Indian Tax Laws

Compliance with Indian Tax Laws

Filing an ITR for NRI ensures compliance with Indian tax laws and prevents the Income Tax Department from sending notices regarding unexplained transactions.

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What are the Conditions for Filing ITR for NRI in India?

Have a look at the following conditions required for filing ITR for NRI in India:

  • The gross income slab of an NRI is above Rs. 2,50,000 (old tax regime).
  • The gross income slab of an NRI is above Rs. 4,00,000 (new tax regime).
  • If you want a refund of the TDS deducted on the income accrued from rent or interest on NRO accounts.
  • ITR must be filed before the due date as specified from time to time.

Who Needs to File NRI Taxes in India?

The list of individuals eligible to file NRI taxes in India is as follows:

  • NRI earning income from India.
  • NRI selling property, shares, or other assets located in India.
  • NRI having deposits over Rs. 1 crore in one or more current accounts.
  • NRI spending over Rs. 2 lakhs on travel to a foreign country.
  • NRI claiming a refund for TDS on income like bank interest or property rent.
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Documents for Filing ITR for NRI in India

What are the Documents Needed for Filing ITR for NRI in India?

Have a look at the key documents required for filing ITR for NRI in India:

  • Details of income earned or accrued in India
  • PAN card of the NRI
  • Passport to establish their NRI status
  • Bank account details and statements
  • Investment proof, including mutual fund statements
  • Form 16A for TDS certificate
  • Form 26AS (tax credit statement)
  • Details of any property owned in India
  • Copy of rent receipts
  • Previous year tax returns (if applicable)
  • Tax residency certificate (TRC) from the resident country
  • Proof of taxes paid during the financial year (if any)
  • Details of income earned outside India (if any)
  • Any other related documents (if required)

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What is the Process of Income Tax Return Filing for NRIs?

The process of income tax return filing for NRIs with Corpbiz's expert-led support is given below:

  1. Step 1: Determine Residential Status
    The foremost step is to determine the residential status of NRIs based on the number of days stayed in India.

  2. Step 2: Calculate Taxable Income & DTAA Benefits
    The next step is to calculate the taxable income accrued or received by the NRIs in India and claim relief under the Double Taxation Avoidance Agreement.

  3. Step 3: Gather Financial Documents
    The next step is to gather the necessary financial documents, including Form 26AS, TDS certificates, and proof of income required for filing an ITR for an NRI in India.

  4. Step 4: Choose the Appropriate ITR Form for NRI
    The next step is to choose and file an appropriate ITR form for NRI via the Income Tax Department's website or authorized e-filing portals.

  5. Step 5: Claim Deductions
    NRIs are further required to claim deductions for life and term insurance premiums under section 80C, medical insurance premiums under section 80D, and interest on education loans under section 80E, if applicable.

  6. Step 6: Verify Your ITR
    The last step is to e-verify the ITR filing through Aadhaar OTP, net banking, demat account, digital signature certificate, or bank electronic verification code.

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Curious to Know the Types of ITR Form for NRIs?

The different types of ITR form for NRIs are discussed below:

  • ITR 2: ITR 2 is a type of income tax return applicable to both resident & non-resident individuals and Hindu Undivided Family, having income under any head other than Profits and Gains of Business or Profession.
  • ITR 3: ITR 3 is a type of return applicable to both resident & non-resident individuals and Hindu Undivided Families, having income under the heads of Salary/Pension, House Property, and Profits.
  • Form 12BB: Form 12BB is a form applicable to NRIs to record the particulars of an employee's claims for deduction of tax under section 192 of the Income-tax Act, 1961.
  • Form 16: Form 16, which comprises details of tax deducted at source on salary using section 203 of the Income Tax Act, 1961, is a form applicable to NRIs.
  • Form 16A: Form 16A is a form applicable to NRIs for the issuance of a quarterly certificate capturing the amount of TDS, Nature of Payments, and the TDS deposited with the Income Tax Department.
  • Form 26AS: Form 26AS is a tax credit statement that primarily shows TDS/TCS and tax payments, and is crucial for verifying tax deducted in India.
  • AIS: AIS, which stands for Annual Information Statement, is a document that lists a wider range of financial transactions, including savings account interest, dividend income, security transactions, and foreign remittances.
  • Form 10E: Form 10E is a form used to furnish particulars of Income for claiming relief under Section 89(1) of the Income-tax Act, 1961.
  • Form 3CB-3CD: Form 3CB-3CD is to be submitted by a taxpayer who is required to get their accounts audited by an Accountant using Section 44AB of the Income Tax Act, 1961.
  • Form 3CEB: Form 3CEB is a form provided by the taxpayer who obtains a report from an accountant under Section 92E for entering into an international transaction or specified domestic transaction.
  • Form 3CE: Form 3CE is used to provide a report from an accountant, relating to the receipt of Income by way of royalty or fees for technical services from the government or an Indian concern.

Comparison of Old vs New Tax Slab for NRI Income

Have a look at the comparison between the old and new tax slab for NRI income for AY 2026-27, as provided below:

Old Tax Regime New Tax Regime u/s 115BAC of Income Tax Act, 1961
Income Tax Slab Income Tax Rate Income Tax Slab Income Tax Rate
Up to Rs. 2,50,000 Nil Up to Rs. 4,00,000 Nil
Rs. 2,50,001 to Rs. 5,00,000 5% Rs. 4,00,001 to Rs. 8,00,000 5%
Rs. 5,00,001 to Rs. 10,00,000 Rs. 12,500 + 20% Rs. 8,00,001 to Rs. 12,00,000 Rs. 20,000 + 10%
Above Rs. 10,00,000 Rs. 1,12,500 + 30% Rs. 12,00,001 to Rs. 16,00,000 Rs. 60,000 + 15%
Rs. 16,00,001 to Rs. 20,00,000 Rs. 1,20,000 + 20%
Rs. 20,00,001 to Rs. 24,00,000 Rs. 2,00,000 + 25%
Above Rs. 24,00,000 Rs. 3,00,000 + 30%

As per Section 87A of the Income Tax Act, 1961, a rebate of Rs. 60,000 on taxable income not exceeding Rs. 12,00,000 is applicable to NRIs under the new tax regime. However, the old tax regime allows a rebate of Rs. 12,500 on the taxable income not exceeding Rs. 5,00,000.

ITR Filing for NRIs: Applicable Surcharge Rates on NRI Income Tax

The comparison of the applicable surcharge rates charged on the amount in context to the ITR filing for NRIs is as follows:

Income Limit Surcharge Rate (Old Regime) Surcharge Rate (New Regime)
Up to Rs. 50 lakhs Nil Nil
Rs. 50 lakhs to Rs. 1 crore 10% 10%
Rs. 1 crore to Rs. 2 crores 15% 15%
Rs. 2 crores to Rs. 5 crores 25% 25%
Above Rs. 5 crores 37% 25%

The enhanced surcharge from 25% to 37% is not levied on tax charged on income under sections 111, 112, 112A, and dividend income to the extent applicable to non-residents. However, the maximum surcharge rate on tax payables on such incomes shall be 15%, except when the income is taxed under section 115A, 115AB, 115AC, and 115E.

Types of NRI Income that Require ITR Filing in India

The different types of NRI income that require ITR filing in India are as follows:

  • Salary Received in India: Any income from salary received for services rendered in India, even if the concerned services are rendered outside India, falls under the head of taxable NRI income in India.
  • Income from House Property: Any income from a house property situated in India, subject to TDS deductions from rent payments, is taxable in compliance with the applicable slab rates.
  • Income from Capital Gains: Any capital gains from the transfer of capital assets or property situated in India, subject to TDS deduction at 12.5% in the case of purchase, are considered taxable NRI income in India.
  • Interest Income: Any income earned from interest on fixed deposits and savings accounts held in an Indian bank account is considered taxable NRI income in India.
  • Business or Professional Income: Any income earned by an NRI from a business setup or controlled from outside India falls under the head of taxable NRI income in India.
  • Dividends from Indian Companies: Any income accrued from dividends received on shares and investments held in an Indian company comes under the head of taxable NRI income.

Our Corpbiz's Services for ITR Filing in India for NRI

  • Residential Status Determination: We provide services to determine the residential status of NRIs, RNOR, or residents filing income tax returns in India.
  • Tax Planning Support: Connect with our expert support team, helping plan income tax return filing from residential status perspective.
  • TDS Management Support: Our experts at Corpbiz provide support for the timely calculation, deduction, and filing of TDS returns on rental income, interest or property sales.
  • Crypto & Capital Gains Assistance: Get specialized assistance for the calculation of capital gains accrued from cryptocurrency and other relevant sources.
  • Income Tax Advisory Support: Our expert consultants at Corpbiz provide income tax advisory support to NRIs.

Why Trust Corpbiz for Filing ITR for NRIs in India?

Filed 10,000+ Income Tax Returns

Filed 10,000+ Income Tax Returns

We have successfully filed 10,000+ income tax returns in compliance with the data security requirements for residents, NRIs, corporations, and other clients.

10+ Years of Expertise

10+ Years of Expertise

Connect with our tax consultants, having 10+ years of expertise in legal, tax, and compliance services in India.

25,00,000+ Taxpayer Hours Saved

25,00,000+ Taxpayer Hours Saved

At Corpbiz, we have successfully saved over 25 lakh taxpayer hours, letting them focus on their business while we handle the income tax compliances.

Dedicated Tax Experts

Dedicated Tax Experts

Get connected with our team of dedicated tax experts specialized in handling NRI tax returns in compliance with the Indian taxation laws.

PAN-India Client Support

PAN-India Client Support

We provide PAN-India client support to ensure timely meeting of tax obligations for Indian NRIs. We are the best in providing online legal India services.

Faster Filing Turnaround

Faster Filing Turnaround

Connect with the experts at Corpbiz to get fast, digital, and paperless ITR filing for NRIs from anywhere in the world.

Missed ITR Filing? It Can Cost You More Than ₹5,000

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  • Expert-led NRI Tax Desk
  • 10+ Yrs of Compliance Excellence
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FAQs on ITR for NRI

As per the provisions of the Income Tax Act, 1961, an NRI (i.e., Non-Resident India) is an individual of Indian origin who currently resides in a foreign country. Moreover, the residential status of an individual is crucial to be determined to ensure they qualify as an NRI in India.

The income tax rate slabs for NRIs in India range from 5% to 30% (plus a 4% cess) for the financial year 2025-26 (AY 2026-27).

The due date for filing ITR for NRIs for AY 2026-27 is July 31st, 2026, subject to changes from time to time.

The deductions available for NRIs filing ITR in India are somewhat similar to the exemptions available to residents. Key deductions include: Deduction of Rs. 1,50,000 for gross total income under section 80C (old tax regime); Deduction up to Rs. 25,000 for paying health insurance premiums under section 80D (old tax regime); Deduction on interest payment on loans for higher education under section 80E (old tax regime); 100% deduction for donations made to certain funds and charitable institutions under section 80G (old tax regime); Deduction up to Rs. 10,000 on interest received on savings bank account under section 80TTA (old tax regime); Standard deduction of 30% on income from house property on interest paid on housing loan under section 24(b) (old & new tax regime).

The deductions for investments made under section 80C, differently abled under section 80DD, differently abled under section 80DDB, and differently abled under section 80U are not allowed to NRIs.

Yes, ITR filing for NRI is mandatory only if their total income earned or accrued in India exceeds Rs. 2,50,000 (as per the old tax regime) and Rs. 4,00,000 (as per the new tax regime).

The income accrued from salary received from services rendered in India, rent from house property situated in India, capital gains in the form of interest on fixed deposits and savings account held in an Indian bank, earnings of a business setup & operated in India, and dividends received on shares & investments held in an Indian company.

Taxable income is a part of the total gross income (subtracting deductions, exemptions, and expenses) of an individual or corporation that is subject to taxation by the government officials.

The residential status of an NRI is determined by whether they stayed in India for 182 days or more in a financial year, or for 60 days in the current year plus 365 days in the past 4 years.

The income tax on the foreign income of the NRIs depends on their residential status for the year. In case the NRI is a resident in India, the income earned from the salary received in India, income from a house property in India, capital gains on transfer of assets situated in India, and income from fixed deposits or savings bank accounts is only taxable in India.

About the Author


NE
Neha Dawra

Legal Researcher

Written by Neha Dawra. Last updated on Jun 16 2026, 10:47 AM

Neha Dawra has 4+ years of experience in legal research and intellectual property advisory. Her expertise lies in analyzing IP laws, drafting structured legal content, and simplifying complex registration procedures into clear, simple insights.

 

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