Who exactly is considered to be a person of Indian origin (PIO)
Person of Indian Origin (PIO) is commonly used to define anyone who has some connection to India. Then there is the official definition of
who exactly is considered to be a PIO.
The question of a person's origin, residence and citizenship normally arises in regard to seeking services or fulfilling legal obligations such
as, complying with taxation rules etc.
The most common definition of a person of Indian origin comes from the Foreign Exchange Management (Deposit) Regulations, 2000. You
are deemed to be a person of Indian origin, if you are a foreign citizen (other than of Pakistan or Bangladesh), and if:
You have at any time held an Indian passport.
Or
You or either of your parents or any of your grandparents were citizens of India by virtue of the Constitution of India, or the Citizenship
Act, 1955
If you are the spouse of an Indian citizen or of a person of Indian origin (other than of Pakistan or Bangladesh) you would also be
considered to be a person of Indian origin for purposes such as acquiring a PIO card.
Other Scenarios where a person may be treated as PIO
Foreign spouse of Indian citizen - Banking
For banking purposes, a foreign spouse of an Indian citizen is treated as a person of Indian origin provided they are not citizens of Pakistan
or Bangladesh.
Foreign spouse of Indian citizen - Property Investment
For investment in real-estate purposes, a foreign spouse of an Indian citizen is also treated as a person of Indian origin, provided they are
not citizens of Afghanistan, Bangladesh, Bhutan, Pakistan, Sri Lanka or Nepal.
Who is considered to be a person resident in India?
The determination of residency status in India is one of the most important aspects that affect foreign citizens. Regardless of what
countries citizenship a person holds, a person can be deemed to be a resident of India, in some circumstances.
Two conditions are considered to determine a person's resident status in India.
One is the length of stay in India: As per 'Foreign Exchange Management Act, 1999' (FEMA) a person is defined as a resident, if they are in
India for more than 183 days during the course of the previous financial year. The financial year in India is considered to be April- March.
The second condition is the purpose of stay in India.
Residential status in India
The residential status of a person is important when it comes to matters such as determining the tax liability. A person can either be
considered to be a resident or non-resident for taxation purposes.
In India, the residential status of a person is decided under two different Acts:
1. Under Income Tax Act, 1961, (I.T. Act) and
2. under Foreign Exchange Management Act (FEMA), 1999
Read More on next page What exactly is FERA? . . . Income Tax in India
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been
stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
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NRI - OCI - PIO Guide & Information