A resident individual is outside the special visitor and deemed-residence rules. Which combination makes the individual ordinarily resident under section 6 of the Income-tax Act, 2025?
Question and options
A resident individual is outside the special visitor and deemed-residence rules. Which combination makes the individual ordinarily resident under section 6 of the Income-tax Act, 2025?
Resident in one of the preceding ten tax years and present for 730 days in the preceding seven
Resident in at least two of the preceding ten tax years and present for 729 days in the preceding seven
Resident in one of the preceding ten tax years and present for 729 days in the preceding seven
Resident in at least two of the preceding ten tax years and present for at least 730 days in the preceding seven
Answer and explanation
Section 6(13)(a) of the Income-tax Act, 2025 treats a resident individual as not ordinarily resident if he was non-resident in nine of the ten preceding tax years or was in India for 729 days or less in the seven preceding tax years. He is therefore ordinarily resident only if both tests are passed: resident in at least two of the ten years and in India for 730 days or more in the seven.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CLAT PG
Subject revision for a passage-based exam
-
AILET PG
Subject revision
Related exam syllabi
More solved explanations in Income tax - basic concepts, residence & heads of income
- Under section 9 of the Income-tax Act, 2025, salary paid by an Indian company to its employee for services rendered entirely at the company's branch outside India is
- An eligible manufacturer builds and uses a factory building costing ₹40 lakh in tax year 2026–27. What additional depreciation is available on the building itself…
- B, a chartered accountant, is employed by X Ltd as its internal auditor on a monthly remuneration, and at B’s request the company describes the payment as an…
- Under the Income-tax Act, 2025, on amalgamation of a company
- An individual gifts listed shares to his wife, with no agreement to live apart, and she receives dividends on them. How are the dividends taxed under the…