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An Indian citizen leaves India for employment abroad during a tax year. Assume the deemed-residence rule does not apply. How many days must the citizen spend in India during that tax year to qualify…

Question and options

An Indian citizen leaves India for employment abroad during a tax year. Assume the deemed-residence rule does not apply. How many days must the citizen spend in India during that tax year to qualify as resident?

  1. 182 days

  2. 180 days

  3. 165 days

  4. 90 days

Answer and explanation

Correct answer: A - 182 days

Section 6(3)(b) of the Income-tax Act, 2025 disapplies the alternative test of sixty days in the year plus 365 days in the preceding four years for a citizen who leaves India for employment outside India. Only the basic test in section 6(2)(a) remains, so the citizen must be in India for 182 days or more in that tax year.

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