CA Final Paper 4 • Module 4: International Taxation

Chapter 21: Non-Resident Taxation & Special Regimes

⚡ Fast-Track High-Yield Revision Income-tax Act, 2025 & FA 2026 Ready
⚡ Fast-Track Quick Notes 📖 Full In-Depth Notes (Theory + TYKs)

1. Residential Status Framework (Section 6)

Status Category Statutory Condition / Benchmark
Basic Test 1 Stay in India for 182 days or more during the relevant previous year.
Basic Test 2 Stay in India for 60 days or more during previous year AND 365 days or more in preceding 4 previous years.
Relaxation (182 days) • Indian citizen leaving India for employment abroad.
• Indian citizen crew member of an Indian ship.
Visiting Indian Citizen / PIO • Total income (other than foreign) $\le$ ₹ 15 Lakhs: 60 days relaxed to 182 days.
• Total income (other than foreign) > ₹ 15 Lakhs: 60 days relaxed to 120 days (Deemed RNOR if stay between 120-181 days).
Deemed Resident (Sec 6(1A)) Indian citizen having total income (other than foreign) > ₹ 15 Lakhs who is NOT liable to tax in any other country by reason of domicile/residence. Status: Always RNOR.

2. Significant Economic Presence (SEP - Section 9(1)(i))

Constitutes a Business Connection in India for non-residents, bringing digital and cross-border transactions into the Indian tax net without requiring a physical presence:

Category of Transaction Statutory Threshold
Transaction in Goods, Services, or Property (including download of data/software in India) Aggregate payments during the previous year ≥ ₹ 2 Crores.
Systematic & Continuous Soliciting of Business (or engaging in interaction with users in India) Number of Indian users ≥ 3 Lakhs (3,00,000 users).

3. Presumptive Taxation Regimes for Non-Residents

Section Eligible Business Activity Deemed Profit Rate Tax Base
Sec 44B Shipping business of non-resident 7.5% Gross freight collected in India + freight collected abroad for cargo shipped from India.
Sec 44BBA Operation of Aircraft by non-resident 5% Gross carriage of passengers/cargo in India or shipped from India.
Sec 44BB Services/facilities for extraction of mineral oils 10% Gross receipts from provision of plant, machinery, or services.
Sec 44BBB Turnkey power projects by foreign company 10% Gross amount paid/payable for civil construction or erection.

4. Special Tax Rates under Section 115A & 115BBA

Nature of Income Applicable Rate u/s 115A Deductions Allowable
Dividends received by Foreign Company / Non-Resident20%Zero deductions
Interest on foreign currency bonds / loans20% (5% for specified infra/ECB)Zero deductions
Royalty and Fees for Technical Services (FTS)20%Zero deductions
Non-resident Sportsman / Entertainer (Sec 115BBA)20%Zero deductions
Mandatory Withholding u/s 195: Any person paying any sum chargeable to tax under the Income-tax Act to a non-resident or foreign company must deduct TDS at the rates in force (or DTAA rate, whichever is lower) at the time of credit or payment.

5. High-Frequency Exam Traps

Trap 1: Deemed Resident is ALWAYS RNOR!
An individual deemed resident u/s 6(1A) is automatically classified as Resident but Not Ordinarily Resident (RNOR). Foreign income is NOT taxable unless derived from a business controlled in or profession set up in India!
Trap 2: DTAA vs Section 115A Rates!
Under Section 90(2), the assessee can opt for the DTAA rate (e.g. 10% or 15%) if it is more beneficial than the 20% statutory rate u/s 115A, provided valid Tax Residency Certificate (TRC) and Form 10F are submitted!