🎯 Key Takeaways
- ✓ RNOR (Resident but Not Ordinarily Resident) status is STAYING—confirmed in the bill
- ✓ The ₹15 Lakh "Deemed Resident" rule treats high earners as RNOR, NOT full residents
- ✓ 182-day rule unchanged for standard residents; 120-day rule applies to high earners
- ✓ Foreign asset reporting is MANDATORY—₹10 Lakh penalty for non-disclosure
- ✓ Tax rates: Dividends 20%, Long-term capital gains 12.5%, Mutual funds 20%
- ✓ Bill effective April 1, 2026—plan your return timing accordingly
1️⃣ The Big Relief – RNOR Status Is Staying
If you're planning to return to India, understanding your RNOR status tax benefits is crucial for maximizing your tax savings during the transition period.
The Speculation That Caused Panic
Before the Tax Bill 2025 was finalized, industry experts circulated rumors:
- "The government is considering removing RNOR status."
- "High-income earners in India will lose non-resident classification and pay tax on global income."
- "The 182-day rule will become obsolete."
The Bill Confirms: RNOR Stays.
What RNOR Status Actually Means
RNOR = Resident but Not Ordinarily Resident. This is one of three tax residency statuses in India:
- NRI (Non-Resident): You live abroad, earn abroad. You don't pay tax in India on foreign income.
- RNOR: You've moved to India, but you're in a transitional phase. You pay tax only on Indian income; your foreign income remains tax-free for 2–3 years.
- ROR (Resident and Ordinarily Resident): You've been in India for years. You pay tax on global income.
"The criteria for the tax residency is unchanged with few clarifications. There has been lot of speculation whether RNOR status might be removed. The bill does not alter tax residency definitions. We still have three tax residency states: non-resident, resident but not ordinary resident, and resident."
Why This Matters for NRIs
If you're planning to return to India, you'll likely qualify for RNOR status for your first 2–3 years. During this period:
- You pay tax only on income earned in India
- Your foreign income (rental income from U.S. property, U.S. salary if you're still employed remotely, dividend income from foreign brokerage accounts) remains tax-free in India
- Your foreign assets (stocks, bonds, real estate) are not subject to wealth tax
After 2–3 years, you transition to ROR and must pay tax on global income.
2️⃣ The ₹15 Lakh "Deemed Resident" Rule & The 120-Day Test
While RNOR status remained, the bill introduced a clarification that confused many: the concept of "Deemed Resident."
The Scenario That Triggered This Rule
Meet Raj (hypothetical):
- Indian citizen, working in Dubai (no income tax)
- Earns ₹17 Lakhs annually from rental income in India
- Never visits India
- Doesn't qualify for traditional residency (182-day test) because he's never in India
- But he earns substantial income in India
The Old Question: Is Raj a resident of India for tax purposes?
The Bill's Clarification: Deemed Resident = RNOR Treatment
New Rule: Individuals earning ₹15+ Lakhs in India while paying no tax elsewhere are classified as "Deemed Residents."
But here's the good news: The bill clarifies that Deemed Residents are treated as RNORs, NOT as full residents.
What this means for Raj:
- Raj is classified as "Deemed Resident"
- But for tax purposes, he's treated as RNOR
- He pays tax on his ₹17 Lakhs Indian income
- His Dubai salary remains tax-free in India
- He does NOT pay tax on global income
"The proposed changes in the bill—such individuals will still be classified as RNOR for tax purpose and won't be taxed on the global income."
The 182-Day Rule vs. The 120-Day Rule
Standard Residency Test (Unchanged):
- You're considered a "Resident" if you stay in India for 182 or more days during the financial year (April 1–March 31), OR
- You stay for 60+ days in the current year AND 365+ days in the prior 4 years
Income-Based Exception: 120-Day Rule
If you're an Indian citizen or person of Indian origin earning ₹15+ Lakhs in India, the residency threshold changes. Instead of 60 days, it becomes 120 days.
"So if they're staying for more than 120 days or more in India and earn more than 15 lakhs of India then they would be considered as deemed residents."
3️⃣ Foreign Asset Reporting – Mandatory Disclosure & ₹10 Lakh Penalties
The bill didn't introduce new foreign asset reporting rules, but it emphasized enforcement of existing requirements. Understanding the FEMA rules for NRI foreign assets is essential before you return.
Who Must Report Foreign Assets?
If you become a tax resident of India (whether ROR or Deemed Resident/RNOR), you must disclose all foreign assets. According to the Income Tax Department of India, this includes all foreign bank accounts, investments, and property.
What Counts as Foreign Assets?
- Foreign Bank Accounts: Checking, savings, money market accounts
- Foreign Investments: Stocks traded on foreign exchanges, mutual funds (VTSAX, VFIAX), ETFs (SPY, VOO), bonds, treasury securities
- Immovable Property: House in the U.S., rental property in Canada, land in UK
- Financial Interest in Foreign Entities: Partnership interest in U.S. business, shares in foreign company, royalties from intellectual property held abroad
Where to Report: Form 8FD & Form 8FE
When you file your income tax return, you must file:
- Schedule FA (Form 8FD): Details of all foreign assets, values as of March 31 (financial year-end)
- Form 8FE (if required): Details of foreign accounts—account numbers, bank names, balances
Penalties for Non-Disclosure
If you fail to report foreign assets under the Black Money Act:
- Penalty under Black Money Act: ₹10 Lakh (flat) — This is a severe penalty. It's not a percentage of your unreported income; it's a flat ₹10 Lakh penalty.
- Prosecution risk: Criminal charges (up to 7 years imprisonment)
- Interest on unpaid tax: Plus additional interest
- Confiscation: The foreign asset itself could be confiscated
"Failure to report these could lead to penalties such as 10 lakhs fine under Black Money Act and also potential prosecutions."
Real-World Scenario: Arnav's Mistake
- Arnav returns to India in April 2025
- He has ₹50 Lakhs in a U.S. brokerage account (stocks and mutual funds)
- He doesn't report it in his 2025 tax return
- Income tax department discovers the account during a U.S. banking data exchange
- Arnav faces ₹10 Lakh penalty + prosecution
Avoidable. If he'd just reported it upfront, he'd simply pay tax on the gains (or nothing if no gains), plus any late fees. The ₹10 Lakh penalty is only for non-disclosure, not for having foreign assets.
Important: Reporting is NOT the Same as Repatriation
Reporting your foreign assets to the Indian income tax department does NOT mean you have to:
- Bring the money to India
- Sell your foreign stocks
- Close your U.S. bank account
You're just telling the government: "I own this." The government wants to track it for compliance. That's it.
4️⃣ Tax Rates for NRI Income (No Major Changes)
The bill specified tax rates for various types of NRI income and confirmed no major changes from previous years. For families considering the move, understanding these rates is crucial—see how one young family planned their return after 9 years in the US.
| Income Type | Tax Rate | Threshold | Notes |
|---|---|---|---|
| Dividends | 20% | None | Flat rate, no threshold |
| Infrastructure Debt Fund Interest | 5% | None | Rare for NRIs |
| Long-Term Capital Gains (Securities) | 12.5% | ₹1,25,000 | Must hold >2 years |
| Mutual Funds (Foreign Currency) | 20% | None | Flat rate |
| Short-Term Capital Gains | 15–30% | Slab-based | Higher than long-term |
| Business Income | 30% | Slab-based | Progressive tax slabs |
Example: Long-Term Capital Gains
- You bought a stock for $5,000 in 2020
- Sold it in 2023 for $8,000
- Capital gain: $3,000
- If this gain (converted to INR) exceeds ₹1,25,000, then 12.5% tax on the excess
- If your total capital gains across all securities are less than ₹1,25,000, no tax
5️⃣ What Didn't Change (Reassurance Points)
Confirmed Unchanged
- ✓ RNOR Status: You can still claim RNOR for 2–3 years after returning
- ✓ The 182-Day Rule: If you're not earning ₹15+ Lakhs in India, the standard 182-day rule still applies
- ✓ Tax Rates on Dividends, Capital Gains: The 20% on dividends, 12.5% on long-term capital gains—all unchanged
- ✓ Treaty Benefits: If you're a U.S. citizen, the U.S.–India tax treaty still applies. You can claim treaty benefits to avoid double taxation.
- ✓ PF (Provident Fund) Contributions: Contributions remain tax-deductible up to the limit
"So in summary, the new tax bill aims to simplify and encourages more compliance and it also tries to bring something called a unified tax year trying to remove the current terms such as assessment year prior years to bring simplification and clarity."
6️⃣ Action Steps – What You Should Do Now
Before making the move, review our comprehensive return to India checklist to ensure you don't miss any critical steps.
If You're Planning to Return to India in 2025–2026
- ☐ Document Your Foreign Assets Now: List all foreign bank accounts, investments, real estate. Get account statements from all banks/brokerages. Calculate approximate values in INR.
- ☐ Consult a Tax Professional: Hire a CPA or Indian tax advisor NOW (not after you arrive). Discuss your specific situation (income sources, foreign assets, timeline). Plan your residency status transition.
- ☐ Plan Your Timing: If your Indian income will be ₹15+ Lakhs, consider spending <120 days in India for the first year. This keeps you as NRI and delays deemed residency.
- ☐ Get Foreign Asset Values: As of today, get written valuations of all foreign real estate. Get account statements for all foreign investments. Keep these for 6 years (tax audit period).
Upon Arrival in India
- ☐ File Form 8FD & 8FE: When you file your 2025–26 income tax return (by June 2026), report all foreign assets. Use Form 8FD (Schedule FA) for asset details. Use Form 8FE for account details.
- ☐ Don't Make Arnav's Mistake: Report everything. Late disclosure is better than no disclosure, but not as good as upfront. A ₹10 Lakh penalty is not worth hiding.
- ☐ Track Your Days in India: If you want to stay in RNOR or NRI status as long as possible, count your days. Keep receipts (flight tickets, hotel bills) proving where you were.
- ☐ Plan Your Investments: Once you become ROR, your foreign income is taxed. Plan your investment strategy accordingly (e.g., tax-loss harvesting, timing of realization).
Need Help with Tax Planning?
Get personalized guidance on tax optimization, RNOR status, and foreign asset reporting from experts who understand NRI transitions.
✍️ Editorial Summary
The Indian Tax Bill 2025, effective April 1, 2026, brought reassurance and clarification rather than radical change. The biggest fear—that RNOR status would disappear or high earners would face automatic residency—was explicitly ruled out. The government confirmed that tax residency definitions remain unchanged and that RNOR (Resident but Not Ordinarily Resident) status is alive and well.
The ₹15 Lakh "Deemed Resident" rule is a clarification, not a complication: it identifies high earners but treats them as RNORs (not full residents) for tax purposes. The critical action item is mandatory foreign asset reporting. Failure to disclose carries a ₹10 Lakh flat penalty and prosecution risk.
The takeaway: If you're returning to India, work with a tax professional, document your foreign assets now, and report everything when you file your first Indian tax return. The government wants transparency. Provide it, and you'll navigate the Indian tax system smoothly.
❓ Frequently Asked Questions
Q: Is RNOR status being removed in the new tax bill?
A: No. The Indian Tax Bill 2025 explicitly confirms that RNOR status is staying. The bill does not alter tax residency definitions. We still have three tax residency states: non-resident, resident but not ordinary resident, and resident. You can still claim RNOR for 2–3 years after returning to India, during which your foreign income remains tax-free.
Q: What is the ₹15 Lakh Deemed Resident rule?
A: If you earn ₹15+ Lakhs in India while paying no tax elsewhere, you're classified as a Deemed Resident. However, the proposed changes in the bill clarify that such individuals will still be classified as RNOR for tax purposes and won't be taxed on global income. You pay tax on your Indian income, but your foreign salary remains tax-free in India.
Q: What happens if I don't report my foreign assets in India?
A: Failure to report foreign assets carries a flat ₹10 Lakh penalty under the Black Money Act, plus potential prosecution (up to 7 years imprisonment), interest on unpaid tax, and possible confiscation of the asset. Report everything—the penalty is for non-disclosure, not for having foreign assets. Reporting your foreign assets does NOT mean you have to bring the money to India or sell your foreign stocks.
Q: What is the difference between the 182-day rule and 120-day rule?
A: The standard 182-day rule applies to most people—if you stay in India for 182+ days, you're a resident. The 120-day rule applies specifically to Indian citizens or persons of Indian origin earning ₹15+ Lakhs in India. If they're staying for more than 120 days or more in India and earn more than 15 lakhs in India, they would be considered as deemed residents (treated as RNOR).
Q: When does the Indian Tax Bill 2025 take effect?
A: The Indian Tax Bill 2025 is effective April 1, 2026. This gives you time to plan your return timing, consult with tax professionals, and document your foreign assets before the new rules apply. The bill aims to simplify and encourage more compliance while bringing clarity to tax residency definitions.
Q: Do I need to bring my foreign money to India after reporting it?
A: No. Reporting your foreign assets to the Indian income tax department does NOT mean you have to bring the money to India, sell your foreign stocks, or close your U.S. bank account. You're just telling the government: "I own this." The government wants to track it for compliance. That's it.
Q: What foreign assets must I report to Indian tax authorities?
A: If you become a tax resident of India, you must disclose all foreign assets including: foreign bank accounts (checking, savings, money market), foreign investments (stocks, mutual funds, ETFs, bonds), immovable property (house, rental property, land abroad), and financial interest in foreign entities (partnership interest, shares in foreign company, royalties). Use Form 8FD (Schedule FA) for asset details and Form 8FE for account details.
Q: What are the tax rates for NRI income in India?
A: The bill confirmed no major changes to NRI tax rates: Dividends at 20% flat rate, Long-Term Capital Gains on securities at 12.5% (above ₹1,25,000 threshold), Mutual Funds in foreign currency at 20% flat rate, Short-Term Capital Gains at 15-30% slab-based, and Business Income at 30% progressive slabs. These rates remain unchanged from previous years.
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