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Microlesson · 5-min read

Basic and Additional Conditions for Individual Residential Status [Sec 6(1)]

## Residential Status of an Individual [Section 6(1)]

An individual's residential status is determined in two steps:

### Step 1: Apply Basic Conditions (to decide Resident vs Non-Resident)

An individual is a Resident in India for a previous year (P.Y.) if he satisfies any one of the following:

Basic ConditionRequirement
BC 1Stay in India for 182 days or more during the P.Y.
BC 2Stay in India for 60 days or more in the P.Y. AND 365 days or more in the 4 P.Y.s immediately preceding the current P.Y.

If neither condition is satisfied → Non-Resident (NR).

### Step 2: Apply Additional Conditions (to decide ROR vs RNOR)

A Resident is Resident & Ordinarily Resident (ROR) if BOTH additional conditions are satisfied:

Additional ConditionRequirement
AC 1Resident in India in at least 2 P.Y.s out of the 10 P.Y.s preceding the current P.Y.
AC 2Stay in India for 730 days or more during the 7 P.Y.s preceding the current P.Y.

If any one (or both) of the additional conditions is not satisfied → Resident but Not Ordinarily Resident (RNOR).

### Important Note on Counting Days

  • The day of arrival into India and the day of departure from India are BOTH included in the count of stay in India.
  • Time spent need not be continuous — total all visits during the year.

Worked example

### Example 1

Example: Mr. A stayed in India for 70 days in P.Y. 2025-26. In the 4 preceding P.Y.s his total stay was 400 days. Is he a Resident?

Solution: BC1 → 70 days < 182 days. Fail.

BC2 → 70 days ≥ 60 AND 400 days ≥ 365 in last 4 PYs. Satisfied.

→ He is Resident. Now check Additional Conditions to determine ROR/RNOR.

### Example 2

Example: Mr. X arrived in India on 1st April 2025 and left on 10th June 2025. Days in India = 1st April to 10th June (both days included) = 71 days.

⚠️ Common exam mistakes

  • Forgetting to include the day of arrival AND day of departure in stay calculations.
  • Confusing the 4-year window (Basic Condition 2) with the 7-year window (Additional Condition 2).
  • Treating the satisfaction of only Additional Conditions as sufficient — a Basic Condition must be satisfied first.
  • Using calendar year instead of previous year (April–March).
Bare-Act text Section 6(1) · Income-tax Act, 1961 · click to expand
An individual is said to be resident in India in any previous year if he — (a) is in India in that year for a period or periods amounting in all to 182 days or more; or (c) having within the four years preceding that year been in India for a period or periods amounting in all to 365 days or more, is in India for a period or periods amounting in all to 60 days or more in that year.
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