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My last working day in India was on December 23rd, 2014. After that I moved to the Middle East on March 23rd, 2015. My questions are as below:

  1. If I transfer money from here to a non NRE/NRO account then is it taxable?

  2. I have been getting mail from myITreturns.com to file income tax returns. Since I am considered as NRI, do I have to fill any non return form online?

  3. For the year 2014 do I have to file income tax returns?

Hope you can help.

2 Answers 2

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After that I moved to the Middle East on March 23rd, 2015

As an NRI, one should not hold any Savings account. Please have this converted to NRO Account. Additionally it is advised that you open an NRE account. Both these can be done remotely.

If I transfer money from here to a non NRE/NRO account then is it taxable?

Assuming its income earned when you are NRI, it is not taxable. However if there is audit enquiry you would need to have sufficient proof to back that this income is earned during your period as NRI and hence not taxable. As indicate above, holding a savings account when you are NRI is a breach of FEMA regulation.

I have been getting mail from myITreturns.com to file income tax returns. Since I am considered as NRI, do I have to fill any non return form online?

If there is a source of income in India, interest on savings account etc, it is taxable and you would need to file appropriate returns. Even if you have zero income, it is safe to file a NIL return.

For the year 2014 do I have to file income tax returns?

For the financial year 1st April 2014 to 31st March 2015, you are still a resident Indian for tax purposes. You should have filed the return by June 2015 if there was tax due, else by March 2016. If you have not done so, please do this ASAP and regularise it.

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Though non-resident Indians (NRIs) earn their living abroad, their obligation to file tax returns in India doesn't end. With the July 31 deadline for filing returns barely a month away, NRIs need to gear up to file their return if they have income in India that exceeds the basic exemption limit.

How to Determine tax residency status: An NRI first needs to determine his tax residency status, that is, whether he falls in the category of

  • resident or

  • non-resident Indian (NRI)

for tax purposes. While there may be no ambiguity regarding the status of an NRI who has lived abroad for a long time, those who have moved abroad recently or have returned to India after a long stay abroad need to ascertain their residency status properly.

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