Individuals might have to reside in other countries across the globe for their professional and personal requirements. Similarly, nationals from other countries may wish to reside in India. In both cases, the individuals are subject to different tax and financial regulations compared to residents of India.
Therefore, it could be confusing to comprehend the difference between NRI, PIO, and OCI and which status applies to an individual.
Here, you will learn about the difference between PIO vs NRI vs OCI.
Understanding a Non-Resident Indian (NRI)
A non-resident Indian or NRI is not a resident of the country. But the individual is a citizen of India or a person of Indian origin. The residential status of an individual is determined under Section 6 of the Income Tax Act.
According to Section 6 of the Income-tax Act, an individual living in India is a resident. The decision is taken upon satisfying the following conditions:
- If he/she was in India for a period of 182 days or more during the previous year or
- If he/she was in India for a period of 60 days or more during the previous year. Additionally, the individual must have been living in India for 365 days or more during the last 4 years. However, these 4 years must be ones immediately preceding the previous year.
Therefore, individuals not fulfilling the above criteria are considered NRIs as per the Indian Income Tax Act. However, there might be a few exceptions to this.
It is also important to understand the difference between OCI and NRI, especially when it comes to taxation regulations.
Who is an Overseas Citizen of India (OCI)?
An OCI is a person of Indian origin who is a foreign national. Under Section 7A of the Citizenship Act, 1955, an individual can register as an Overseas Citizen of India cardholder.
In 2005, the Government of India (GOI) introduced a scheme to issue OCI cards. Under this scheme, GOI offers an option for foreign nationals to live in India for longer periods. It ensures individuals can reside in India without any hassle or delay due to their status. However, you must comply with all regulations set by the government, plus they have dual citizenship through birthright if applicable.
In other words, a citizen of another country can be granted several rights and freedom that Indians enjoy. Additionally, an OCI card can be used as a long-term visa for citizens with familial links in India. Subsequently, it grants them many benefits similar to those associated with NRIs or Indian citizenship.
Who is a Person of Indian Origin?
The difference between OCI and PIO status is significant, as the PIO card was discontinued in 2015 and replaced with the OCI card.
People of Indian Origin (PIOs) are foreign nationals with Indian ancestry. They are citizens of the country they reside in and hold that country’s passport. They need a valid Indian visa to visit India.
NRI vs PIO vs OCI
Understanding the difference between OCI vs NRI vs POI can be complex due to the overlapping benefits and regulations. Below, we compare the key aspects of these statuses:
Particulars | NRI | OCI | PIO |
Eligibility | An individual automatically acquires NRI status upon residing in India for less than 182 days. | Citizens from foreign countries who are eligible to become Indian citizens on or at any given time post-1950. Also, individuals belonging to a territory that has become a part of India after 1947. | A foreign citizen with Indian ancestry. However, PIO status was discontinued in 2015 and replaced by OCI. |
Applicability | There is no application or formal procedure to classify as an NRI. The NRI status is inevitable once the stipulated requirements are met. | Application for an OCI card can be submitted to the Government of India through the online portal. The time frame for processing post-application acknowledgement is 30 days. | PIO status was replaced with OCI in 2015. PIO cardholders must convert to OCI by set deadlines. |
Investment Options | An NRI can invest in various financial instruments available in India. But they must adhere to FEMA regulations. An NRI can also invest in residential/ commercial properties. However, investment in agricultural or plantation property or a farmhouse is prohibited. | An OCI cardholder can invest in various financial opportunities available in India. OCI holders can also invest in residential/ commercial properties but not in agricultural, plantation property, or a farmhouse. | Same as OCI |
Taxation | Income earned within India through investments and receipts is liable to taxes in India. | Global income earned is subject to taxation based on the conditions of DTAA (Double Tax Avoidance Agreement). | A PIO cardholder must convert to OCI to get the same tax treatments as PIO. |
Admissibility | For 182 days or less | For an indefinite period | For an indefinite period |
Conclusion
The Indian government has introduced several measures to simplify the status of NRIs, OCIs, and PIOs. Whether you are trying to understand the difference between NRI and OCI or seeking clarification on PIO and OCI difference, it is essential to be well-informed.
Understanding the status of your residency helps ensure that you remain connected to India while complying with the regulations of both countries. Thus, knowing the difference between OCI, PIO, and NRI will help you understand your rights and obligations clearly.
Frequently Asked Questions
A Person of Indian Origin (PIO) is a foreign national who is of Indian origin, e.g., previously held Indian citizenship, was born in India, or whose parents were Indian citizens. Similarly, an OCI is a citizen from a foreign country eligible to become an Indian Citizen on or at any given time post-1950. However, PIO status was discontinued in 2015 and replaced by OCI.
All PIOs or OCIs who are US and Canadian citizens can invest with Scripbox. (Irrespective of where they reside).
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- Understanding a Non-Resident Indian (NRI)
- Who is a Person of Indian Origin?
- NRI vs PIO vs OCI
- Conclusion
- Frequently Asked Questions
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