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Tax Residency & POEM Determination

Determination of residential status of individuals and place of effective management of companies.

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Handled by a practising Chartered Accountant or Company Secretary.

Scope of work

Determination of residential status of individuals and place of effective management of companies.

Key deliverables

  • Residency analysis memo

Governing law

Income-tax Act (1961 / 2025, as applicable to the period); DTAAs

Frequency

As required

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REGISTRATION ONLY

Tax Residency & POEM Determination

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  • Residency analysis memo
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REGISTRATION + COMPLIANCE CARE

Tax Residency & POEM Determination + Compliance Care

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+ ₹9,599/yr for year-one ROC compliance

  • Residency analysis memo
  • Financial statements in Schedule III format
  • Board report and AGM notice
  • Filed AOC-4 with SRN
  • Filed MGT-7 / MGT-7A with SRN
  • Board and AGM minutes
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—A closer look

Understanding tax residency and POEM

Everything below is written for individuals moving to or from India, and for foreign companies managed from India — how residency is decided, and why it changes what's taxed.

What is tax residency determination?

Your tax residency decides what India taxes. Residents who are ordinarily resident are taxed on worldwide income; non-residents only on Indian income; and those 'resident but not ordinarily resident' (RNOR) sit in between. For individuals, residency depends mainly on days spent in India, with special rules for citizens and people of Indian origin.

For companies, a foreign-incorporated company is treated as resident in India if its place of effective management (POEM) is in India — that is, if key management and commercial decisions are, in substance, made here.

The key terms

The rules that decide residency:

182-day test
An individual is resident if in India for 182 days or more in the financial year.
60-day test
Also resident if in India for 60 days or more in the year and 365 days or more in the preceding four years — with modifications for citizens and persons of Indian origin.
120-day rule
For Indian citizens and persons of Indian origin visiting India with Indian income above ₹15 lakh, the 60 days becomes 120 days.
Deemed residence
An Indian citizen with Indian income above ₹15 lakh who isn't liable to tax in any other country can be deemed resident.
RNOR
Resident but not ordinarily resident — a transitional status, often for returning NRIs, under which most foreign income isn't taxed in India.
POEM
The place of effective management of a company: where key management and commercial decisions for the business as a whole are, in substance, made.
Treaty tie-breaker
If a person is resident in two countries, the treaty's tie-breaker rules decide where they're treated as resident.

A simple example

An engineer returns to Hyderabad in August 2025 after twelve years in the US. For FY 2025-26, they spend more than 182 days in India, so they're resident — but because they were non-resident in most of the preceding years, they qualify as RNOR. Their US salary earned before returning, US interest, and US brokerage account aren't taxed in India during the RNOR years, and Schedule FA reporting generally doesn't apply. They plan to reorganise their US investments before becoming ordinarily resident.

Why it matters

Residency decides the scope of Indian tax:

Worldwide income
Ordinarily resident individuals are taxed on income from everywhere, and must report foreign assets.
RNOR window
Returning NRIs can use the RNOR period to plan the transition of foreign assets and income.
Day counting is precise
A few days can change status, so travel records matter.
Deemed residence
Citizens living in tax-free jurisdictions with significant Indian income can be deemed resident.
POEM for companies
A foreign company managed from India can be taxed in India on its global income.
Treaty residence
Dual residents need tie-breaker analysis and certificates to avoid double tax.
Withholding and banking
Residency affects TDS rates, bank account types, and FEMA status.

Who is this for?

  • NRIs returning to India
  • Indians moving abroad for work
  • Frequent travellers close to the day thresholds
  • Indian citizens with significant Indian income living in tax-free countries
  • Founders managing foreign companies from India

Tax residency under the Income-tax Act is different from residential status under FEMA, which affects bank accounts and investments. Both need to be considered.

Residential statuses compared

For individuals:

AspectResident & ordinarily residentRNORNon-resident
Indian incomeTaxedTaxedTaxed
Foreign incomeTaxedGenerally not taxed, with exceptionsNot taxed
Report foreign assets (Schedule FA)?YesGenerally noNo
Typical situationLiving in IndiaRecently returned NRILiving abroad

What we'll need from you

Travel records
Passport stamps or travel history for the relevant years.
Indian income
Indian income, to apply the ₹15 lakh tests.
Foreign tax status
Whether you're liable to tax in another country, with a TRC if available.
Residency history
Status in the preceding years, for RNOR.
For companies
Board meeting records, where decisions are made, and management locations.
Foreign assets
For planning the transition to ordinary residence.

Advice is quoted per engagement, depending on complexity.

How we determine residency

Our approach:

  1. 1

    Count the days

    Days in India are counted for the year and preceding years.

  2. 2

    Apply the tests

    Basic, 120-day, and deemed residence tests are applied.

  3. 3

    Check RNOR

    RNOR conditions are checked for returning individuals.

  4. 4

    Check treaty residence

    For dual residents, the treaty tie-breaker is applied.

  5. 5

    Assess POEM

    For companies, management and decision-making are reviewed.

  6. 6

    Plan

    We advise on reporting and on planning the transition.

Planning around residency

Using the rules well:

Track days
Keep a day count when you're close to a threshold.
Use the RNOR window
Plan the sale, transfer, or restructuring of foreign assets before becoming ordinarily resident.
Update bank status
Update FEMA status and convert NRE/NRO accounts as required when you return.
Get a TRC
If resident abroad, get a TRC to claim treaty benefits in India.
Document POEM
For companies, keep records showing where decisions are made.
Review annually
Residency is decided year by year.

Benefits and responsibilities

Benefits

  • Residency determined correctly
  • RNOR benefits used by returning NRIs
  • Double residency resolved under treaties
  • POEM risk managed for foreign companies
  • A plan for the transition of foreign assets

Responsibilities

  • Keep accurate travel records
  • Share Indian and foreign income details
  • Tell us before major moves
  • Update FEMA status and bank accounts
  • Keep company decision records
  • Review status every year

—FAQ

Questions people moving countries actually ask us

If you qualify as RNOR — usually for up to a few years after returning, depending on your history — most foreign income isn't taxed in India. Once you become ordinarily resident, your worldwide income is taxed.