Do I need to file an income tax return in India as an NRI?

Short answerYou must file if your taxable Indian income exceeds the basic exemption limit — ₹2.5 lakh under the old regime, or ₹4 lakh under the new regime for FY 2025-26. Even below that, filing is usually the only way to claim a refund of excess TDS.

When filing is mandatory

Filing is compulsory if your taxable Indian income crosses the basic exemption limit — currently ₹2.5 lakh under the old regime or ₹4 lakh under the new regime for FY 2025-26. Indian salary, rent, NRO interest and capital gains count towards this; exempt NRE interest does not. Two points NRIs often miss: the Section 87A rebate is not available to NRIs under either regime, and there is no higher senior-citizen exemption — confirm the current limits per the Finance Act.

When you should file even if it isn't required

Often the bigger reason to file is to get money back. You should file if:

  • TDS was deducted on a property sale or NRO income and you want the excess refunded — frequently the only way to recover over-deducted Section 195 TDS;
  • you want to carry forward a capital loss; or
  • you need the return as proof of income for a visa, loan or other application.

Which form, and by when

NRIs cannot use ITR-1 or ITR-4. Most file ITR-2 (or ITR-3 if there is business income) — see which ITR form applies to you. For FY 2025-26 (AY 2026-27), the due date is 31 July 2026 where no audit is required. Estimate your liability with our income tax calculator, and our NRI income tax compliance service can file it for you.

Talk to CA Vijay R Singh

Not sure whether you need to file in India this year, or owed a TDS refund? You can message him directly, or book a short call to talk through your situation.

This answer is general information for NRIs, not tax advice. Tax rates, thresholds and forms change with each Finance Act — please confirm the current position for your own facts, or speak to us, before acting.

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