Launch offer — 25% off with code LAUNCH-25 See plans →
Microlesson · 5-min read

Deemed Resident — Section 6(1A)

# Deemed Resident [Section 6(1A)]

This is an anti-abuse provision targeting wealthy Indian citizens who arrange their affairs so that they are not liable to tax in any country ("stateless" for tax purposes).

## The Rule

Notwithstanding anything in Section 6(1), an individual is deemed to be a resident in India if ALL of the following are met:

1. He is an Indian citizen, AND

2. His total income (other than income from foreign sources) exceeds ₹15 lakh during the RPY, AND

3. He is not liable to tax in any other country or territory by reason of domicile, residence, or any other similar criteria.

## Meaning of "Income from Foreign Sources"

Income that is excluded from the ₹15 lakh test:

  • Income accruing or arising outside Indiaexcept income from a business controlled in India or a profession set up in India; and
  • Income not deemed to accrue or arise in India.

## Meaning of "Liable to Tax"

  • Refers to an income-tax liability on a person under the laws of a specific country.
  • Includes individuals who have been subsequently exempted from such liability under that country's laws.

## Key Observations

  • Only an Indian citizen can be a deemed resident.
  • A PIO who is not an Indian citizen cannot be a deemed resident under 6(1A).
  • Stay in India is NOT necessary to be a deemed resident.
  • A Deemed Resident is always RNOR (Resident but Not Ordinarily Resident).

Worked example

### Example 1

Example — Stateless high earner: Mr. D is an Indian citizen who roams between tax-free jurisdictions and is not liable to tax anywhere. His Indian-source income is ₹40 lakh. Even though he spent 0 days in India, he is a Deemed Resident under 6(1A) and is treated as RNOR.

### Example 2

Example — PIO excluded: Mr. E is a PIO (foreign citizen) with ₹50 lakh Indian-source income and not liable to tax anywhere. Because he is NOT an Indian citizen, Section 6(1A) does not apply and he is not a deemed resident.

⚠️ Common exam mistakes

  • Applying 6(1A) to a PIO/foreign citizen — only Indian citizens qualify.
  • Disqualifying a person because he didn't stay in India — stay is irrelevant for deemed residence.
  • Treating a deemed resident as ROR — a deemed resident is always RNOR.
  • Counting foreign-source income in the ₹15 lakh threshold.
  • Overlooking that the person must NOT be liable to tax in any other country.
Bare-Act text Section 6(1A) · Income-tax Act, 1961 · click to expand
Section 6(1A): Notwithstanding anything contained in clause (1), an individual, being a citizen of India, having total income, other than the income from foreign sources, exceeding fifteen lakh rupees during the previous year shall be deemed to be resident in India in that previous year, if he is not liable to tax in any other country or territory by reason of his domicile or residence or any other criteria of similar nature.
Now that you've read this — what's next?
Move from understanding → mastery in 3 clicks. Each option below picks up from this lesson's topic.
Start 15-min diagnostic