NRI Corner

Non - Resident Indian / Persons of Indian Origin

Who is Non - Resident Indian?

Section 2(v) of FEMA, 1999 has given definition of "Person resident in India" and from the definition one has to conclude whether he or she is Non-Resident India or not. Following is the definition of Person resident in India.

1. 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 who stays outsideIndia, in either case
   1. * For or on taking up employment outside India
   2. * For carrying on outside India a business or vocation outside India
   3. * For any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period
2. A person who has come to or stay in India, in either case, otherwise than
   
   1. * For or on taking up employment in India
   2. * For carrying on in India a business or vocation in India
   3. * For any other purpose, in such circumstances as would indicate his intention to stay in India for an uncertain period

1. Any person or body corporate registered or incorporated in India
2. An office, branch or agency in India owned or controlled by a person resident outside India
3. An office, branch or agency outside India owned or controlled by a person resident in India Explanation - Section 2(u) clarifies that a person includes -

• An individual
• A Hindu undivided family
• A company
• A firm
• An association or persons or a body or individuals,