Leaving India, becoming an NRI — what does India require?

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Answer

Departure timing determines the status for the year, which determines whether foreign salary earned after leaving is taxable in India. India collects at source before considering any exemption, so most Indian files are a reconciliation and a recovery rather than a payment.

What India requires

Departure timing determines the status for the year, which determines whether foreign salary earned after leaving is taxable in India. Bank accounts must be redesignated, and FEMA status changes on departure independently of the tax status.

Two of the firm’s advisers at the glass desk in the Delhi office

Where the general answer is wrong

The year you leave India is a split year in substance and a single year in law: you are resident or non-resident for the whole of it, decided by a day count you can still influence on the way out.

Leaving India, becoming an NRI — what does India require?
ItemAmount
Sale consideration₹21,900,000
Cost taken into account₹13,578,000
Gain actually arising₹8,322,000
Deduction on the consideration (assumed 13%)₹2,847,000
Tax on the gain (assumed 21%)₹1,747,620
Cash held back beyond the real tax₹1,099,380

₹1,099,380 more is deducted than the transaction actually owes. A lower-deduction certificate obtained before closing is what releases it at the table; without one it sits with the department until a return recovers it.

Treat these numbers as a worked example rather than advice — they exist to make the mechanics visible, and the rates and thresholds are assumed for the illustration. For a real filing, we verify each figure with the authority that publishes it, for your year.

What to do next

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Leaving India — becoming an NRI. Bring last year's returns and we will tell you what is missing.

Reviewed against current guidance for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Published as general information. For a position on your own file, call the 24-hour helpline.

Tax on electronics in India, in practice

Readers arrive here searching for tax on electronics in India, and leaving India is what the page is about. Below: who it catches, what has to be filed, and what it costs — quoted in writing, before anything is done.

Cross-border situations we are engaged for

Case study 1

Departure date set before the flights were booked

An employee with an offer abroad asked about the move before the tickets were issued. We counted the days already spent in India for the year, set out which departure windows produced a resident year and which did not, and explained what turned on each — specifically whether salary from the new employer would fall inside the Indian charge. The family chose a date, and we documented the count and the evidence supporting it at the time rather than reconstructing it later. The engagement produced a written departure position and a file of dated evidence behind the status claimed on the return.

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Case study 2

Reconstructing a departure year from passports and boarding passes

A client came to us some years after leaving, with the departure-year return still unfiled and no record of the count. We rebuilt the year from passport stamps, airline records and employer correspondence, establishing the date of leaving and the days present before it. The count supported a non-resident year, which changed the treatment of the salary earned after departure. The engagement produced a filed return for that year on a documented status, together with the evidence pack that supports it if the position is ever queried.

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Case study 3

Foreign salary offered to tax in India by mistake

A return prepared for a departure year had included the whole of the client's overseas earnings, on the assumption that the move split the year. It does not. Once the count was established the year resolved as a non-resident year, and the post-departure salary fell outside the Indian charge. We corrected the return rather than arguing the original, set out the basis of the status in the filing, and dealt with the correspondence that followed. The work produced an amended position and a claim for the tax paid on income that was never chargeable.

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Case study 4

Indian employer kept deducting after the employee had left

An engineer moved abroad but stayed on the Indian payroll for a handover period, and deduction at source continued on payments relating to work done outside India. The employer would not stop, and was right not to decide the question itself. We separated the pay relating to Indian duties from the rest, established the status for the year, and filed to reconcile what had been deducted against what was actually owed. The engagement produced a filed return, a reconciliation the employer could follow, and a claim for the excess held back.

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Case study 5

Accounts left in the resident category for several years

A client had moved abroad and continued to operate the same bank accounts unchanged. Interest had been credited and reported on a resident footing throughout. We redesignated the accounts to the non-resident category first, because the corrected accounts are what the filings depend on, then reviewed the years already reported and filed where the character of the interest and the deduction applied to it did not match the client's actual status. The work produced a corrected set of accounts and filed returns reconciling several years of deductions.

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Case study 6

Two departures in one household, two different statuses

A couple moved abroad some months apart, the second staying behind to finish a school year. They assumed one departure date covered the family. It does not: residence is decided person by person, so one spouse resolved as a non-resident for the year and the other did not. We counted each separately, filed on the status each count supported, and set out which income had to be reported by whom. The engagement produced two different filing positions for the same year in one household, each documented on its own facts.

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Case study 7

Inheriting Property in India While Living Abroad

India does not tax the inheritance itself, but the later sale and the money leaving the country both have positions of their own. The file establishes the cost base to use on that sale and what the remittance will require.

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Case study 8

An NRI Selling Indian Property With Tax Withheld on the Price

Withholding on a sale by a non-resident is applied to the sale value rather than to the gain, so it routinely exceeds the tax due. A lower-deduction certificate obtained before completion avoids locking the difference up until a return is assessed.

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All case studies — every published engagement in one place.

Core International & Cross-Border Tax Services

International Tax Planning & Advisory

Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

U.S. & Cross-Border Tax Returns

Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

Expat & Emigration Tax

The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

Industries & Client Types We Serve Worldwide

Global E-commerce & Marketplaces
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Technology & SaaS

Software revenue crosses borders by default — sourcing rules, withholding on licence-like payments and IP location decide the effective rate.

Software revenue is rarely taxed where the team sits. Licence, subscription and service income are characterised differently by each side, and the answer decides withholding at source, treaty relief and whether a foreign customer creates a taxable presence at all — questions that are cheap to settle before the contract and expensive afterwards.

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Importers, Exporters & Manufacturers

  • Transfer pricing documentation (s.247)
  • Customs value vs transfer price
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  • Country-by-country reporting
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Athletes, Artists & Entertainers

  • Reg 105 & U.S. CWA agreements
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Remote Workers & Digital Nomads

  • Residency analysis before moving
  • Employer payroll exposure
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Investment Funds & Holding Companies

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Asked next about Leaving India — becoming an NRI

I left India in the middle of the year — am I resident for all of it?

India decides your residence for a whole tax year, not for the part of it you spent in the country. There is no split-year mechanism in the law, so the year you leave is either a resident year or a non-resident year in its entirety. Which one it is turns on a day count, and on the date you actually left. That is why the departure year is worth planning before you go rather than explaining afterwards. If you are already abroad, the count becomes a matter of evidence: dates of exit and entry, and the documents that prove them.

Is my overseas salary taxable in India in the year I move?

It depends on the status the departure year carries. If the year is a resident year, income arising anywhere is within India's reach, including salary earned abroad after you left. If it is a non-resident year, that salary sits outside the Indian charge. Nothing about the employer, the currency or the account it is paid into changes that; the status for the year does. This is why a departure a few weeks either side of the count can change the Indian tax on an entire overseas package, and why we ask about travel dates before anything else.

Do I need to tell my Indian bank that I have moved abroad?

Yes. Resident accounts do not become non-resident accounts because the holder has moved; they have to be redesignated, and that is a compliance step rather than housekeeping. Until it happens, interest is credited and reported on the footing that you are still resident, which is not the footing your return will take. Exchange control also treats your status as changing on departure, independently of what the tax position for the year turns out to be. So you can be a non-resident for one purpose and still a resident for the other in the same period.

Can I choose my departure date to reduce Indian tax on my salary?

The date is a fact, but it is usually a fact you still control while the move is being arranged. Because the status for the year decides whether post-departure foreign salary is taxable in India, moving a flight can change the answer for the whole year. What cannot be done is deciding the date after the event: the count runs on when you actually left, and immigration records, tickets and stamps are what evidence it. Planning is legitimate; backdating is not. Bring the proposed dates to us before the tickets are issued.

Am I an NRI for exchange control as soon as I land abroad?

The two tests run on different clocks. Your FEMA status changes on departure, tied to leaving India for employment or an indefinite stay abroad. Tax residence is decided for the year as a whole. So in the weeks after a move you can already be a non-resident for banking and exchange-control purposes while the tax year you are in still resolves as a resident year. Confusing the two is common and costs people money in both directions: accounts left in the wrong category, or a return filed on a status the day count does not support.

I moved abroad years ago and never redesignated my accounts — what now?

The position is repairable, and it is better repaired deliberately than left to a bank query. The work is usually in two parts. First, fix the account category so that interest is credited and reported on the correct footing from here. Second, look back at the years already reported: interest may have been treated as a resident would treat it, deduction at source may have been applied on the wrong basis, and returns may be needed to reconcile what was deducted with what was actually owed. The order matters, because the corrected account is what the later filings rely on.

What is Schedule FA and who has to complete it?

It is the foreign asset disclosure in an Indian return, and the trigger is residential status rather than income: a resident discloses foreign bank accounts, custodial and equity holdings, foreign life insurance with a cash value, immovable property and other assets held at any time in the year, plus any beneficial interest. A non-resident does not. The obligation is disclosure-based, so it applies to an account that earned nothing, and the penalties under the black-money legislation are what make it worth getting right. See Schedule FA reporting.

Do NRIs have to file an Indian tax return?

If you have Indian-source income above the filing threshold, or you want a refund of tax withheld at source, or you are claiming treaty relief — then yes. Interest, rent, capital gains on Indian shares or property, and TDS deducted at a rate higher than your real liability all commonly force or reward a return. Filing is also how a lower-rate treaty claim and a foreign tax credit get onto the record. See NRI tax return filing.

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