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Definition of Non-Resident

The term 'Non-Resident refers to a person who is not resident in India . Following the repeal of the Foreign Exchange Regulation Act 1973 (FERA), there are two clear but separate definitions - one under the Foreign Exchange Management Act 1999 (FEMA), and the other under the Income Tax Act 1961.

Under the Foreign Exchange Management Act (FEMA)

The Foreign Exchange Management Act 1999 (FEMA), replaced the Foreign Exchange Regulation Act (FERA) with effect from June 1, 2000 . Sections 2 (v) and 2 (w) of this Act have the following definitions.

Person resident in India :

  • A Person residing in India for more than one hundred and eighty two days during the course of the preceding
    financial year but does not include:

•  A person who has gone out of India or stays outside India , in either case

  • For or on taking up employment outside India , or
  • For carrying on a business or vocation outside India , or
  • For any other purpose in such circumstances as would indicate his intention to stay outside India for an uncertain period.

•  A person who has come to India or stays in India , in either case other than:

  • For or on taking up employment in India , or
  • For carrying on a business or vocation in India , or
  • For any other purpose in such circumstances as would indicate his intention to stay in India for an uncertain period:

•  Any person or corporate body registered or incorporated in India .

•  An office, branch or agency in India owned or controlled by a person resident outside India .

•  An office, branch or agency in India outside India owned or controlled by a person resident in India .

 

A person resident outside India

A person who is not resident in India i.e. a person who stays outside India or has otherwise gone out of India .

(a) for or on taking up employment outside India , or
(b) for carrying on a business or vocation outside India , or
(c ) for any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period.

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