NRI return to India – residency & backfiling dilemma
Hi everyone, long-time lurker here. Would really appreciate some advice from those who've been through the NRI→resident transition.
Background: NRI since 2015, returned in FY2025-26. Never filed Indian ITR (assumed no obligation as NR).
Days in India:
· 2015–2022: under 50 days every year
· FY22-23: 179
· FY23-24: 311
· FY24-25: 135
· FY25-26: 205
My read:
· FY22-23: NR (under 182, visiting NRI rule applies and 729 days rule)
· FY23-24: Resident (likely RNOR)
· FY24-25: Tricky – NR if Indian-source income < ₹15L, Resident if > ₹15L (120-day rule kicks in)
Big question: For the ₹15L threshold, does US salary for work done while physically in India count as "Indian-source income"? Or is it only rent/domestic income?
FY25-26: If FY24-25 is Resident → 2 out of 10 years → ROR → global income taxed. If NR → stay RNOR.
Questions:
- Does US salary (for India workdays) count toward the ₹15L trigger?
- If I only file FY25-26 now, will that invite scrutiny for FY22-23 & FY23-24? What's the penalty/interest risk if I skip those? (I plan to file them all eventually.)
Thanks in advance!