EN
DoubleTaxation.tax residence check for U.S. taxpayers abroad

Tax regimes for individuals: India

Preferential and special regimes in 21 countries for people who relocate, work for themselves, invest or draw a pension. Conditions, time limits and the legal basis for each.

Regimes: 4

Optional (old) tax regime — opting out of section 202

OpenOther

Deductions for investments, insurance and housing loans are allowed; standard deduction ₹50,000; slabs 5 / 20 / 30 %.

Details
Who
Individuals who opt out of s. 202 (those with business income face limits on switching back).
How it works
Rates 0% to INR 2.5 lakh, 5% to 5 lakh, 20% to 10 lakh, 30% above; standard deduction INR 50,000, rebate up to INR 12,500 for income up to 5 lakh; investment, insurance and housing deductions available; surcharge up to 37% above 5 crore.
How to opt in
Without business income — choose it in each year's return filed by the due date. With business or professional income — opt out by the return due date; the choice continues and can be withdrawn only once.
Limits and risks
Higher rates than s. 202 and surcharge up to 37% above ₹5 crore; worthwhile only with large deductions; with business income, switching back is restricted.
Legal basis
Income-tax Act, 2025, s. 202(2), (4), s. 19(1) Table Sl. No. 2(b), s. 156(1); Finance Act, 2026, First Schedule, Part I-B, Paragraphs A and F
Checked
November 4, 2026

Presumptive taxation of business — section 58, Table Sl. No. 1 (former s. 44AD)

OpenFor the self-employed

Profit is deemed to be 6% of digital and 8% of other turnover; no books or audit needed.

Details
Who
Resident individuals, HUFs and firms (not LLPs) with turnover up to INR 2 crore (3 crore if cash receipts are 5% or less); not for specified professions, commission or agency business.
How it works
Profit deemed at 6% of digital and 8% of other turnover (or actual, if higher), no books required; ordinary rates then apply.
How to opt in
Declare presumptive profit in the annual return; pay the whole advance tax by 15 March.
Limits and risks
Residents only; no expenses can be deducted; declaring a lower profit in any of the next five years bars the scheme for five years and may require books and audit; GST is separate.
Legal basis
Income-tax Act, 2025, s. 58(2) Table Sl. No. 1, s. 58(7)–(8), (11)(a); s. 408(2)
Checked
November 4, 2026

Presumptive taxation of professions — section 58, Table Sl. No. 3 (former s. 44ADA)

OpenFor the self-employed

Profit is deemed to be 50% of gross receipts; no books or audit needed.

Details
Who
Resident individuals and firms (not LLPs) in specified professions (legal, medical, engineering, architecture, accountancy, technical consultancy, etc.) with gross receipts up to INR 50 lakh (75 lakh if cash is 5% or less).
How it works
Profit deemed at 50% of gross receipts (or actual, if higher); ordinary s. 202 or old-regime rates then apply.
How to opt in
Declare presumptive profit in the annual return; pay the whole advance tax by 15 March.
Limits and risks
Residents in listed professions only; receipts up to ₹50 lakh (₹75 lakh if cash ≤ 5%); declaring less than 50% requires books and audit; GST is separate.
Legal basis
Income-tax Act, 2025, s. 58(2) Table Sl. No. 3, s. 58(3), s. 58(11)(b), s. 62(4); s. 408(2)
Checked
November 4, 2026

Resident but not ordinarily resident (RNOR)

OpenFor people relocating

Income earned abroad is not taxed in India (unless from a business controlled from, or a profession set up in, India).

Details
Who
Residents who were non-resident in 9 of the 10 preceding tax years or in India 729 days or less in the 7 preceding years; also certain citizens/PIOs with income over INR 15 lakh (120–181 days) and deemed-resident citizens.
How it works
Taxed on income received or accruing in India; foreign income only if from a business controlled from or a profession set up in India; typically 2–3 years for newcomers.
Duration
While the RNOR tests are met — usually the first 2–3 tax years after arrival.
How to opt in
Automatic under s. 6; state your status as not ordinarily resident in the return.
Limits and risks
Indian-source income is taxed in full; once you become ordinarily resident, worldwide income is taxed and foreign assets must be reported.
Legal basis
Income-tax Act, 2025, s. 6(13), s. 6(7), s. 263(1)(a)
Checked
November 4, 2026

The catalogue describes general conditions. Whether a regime fits you depends on your circumstances and the tax authority's decision.