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Q.

Can ITR 1 be Used by NRI?

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This form is strictly reserved for resident individuals whose income is simple and limited to sources like salary, a single house property, family pension, and interest (up to Rs. 50 lakh in total). So, can ITR 1 be used by NRI? No, NRIs cannot use ITR-1 (Sahaj). Moreover, ITR-1 explicitly excludes use by Resident but Not Ordinarily Resident (RNOR) or Non-Resident Indians (NRIs).

Can a NRI File ITR 1?

ITR-1 is not an option for NRIs due to its residency and income source limitations. Instead, NRIs are required to file ITR-2 (or ITR-3 if business/profession income exists), which is designed to capture the broader income and asset disclosures necessary for non-residents.

  1. ITR-1 is tailored for uncomplicated tax situations; it doesn't accommodate foreign income, capital gains (beyond a small LTCG limit), multiple properties, business income, or foreign assets, which are often relevant for NRIs.

  2. Aligning with this, ITR-2 is suitable for individuals (resident or non-resident) who have income under various heads excluding business/profession, such as foreign income, multiple properties, capital gains, investments, and so on.

I hope this helps!

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