NRI ITR filing is the step that turns every TDS deduction, every NRO interest credit and every property sale into a closed tax year. An NRI files an Indian income tax return (ITR) to report Indian income, claim credit for tax deducted at source and recover any excess. For FY 2025-26 the return is for assessment year (AY) 2026-27 under the Income-tax Act, 1961; the 2025 Act governs income from April 1, 2026. This page walks through who must file, which form to use, the portal steps, the 2026 deadlines and fees, and e-verification.
Who must do NRI ITR filing?
You should file an Indian return if any of these applies:
- Your total income, before deductions and exemptions, exceeds the basic exemption amount. This is the statutory rule in section 263 of the 2025 Act, and CBDT says it matches the 1961 Act.
- You want a refund of TDS that exceeds your tax.
- You have a capital loss to carry forward, which requires filing within the due date.
- You must file for another reason, such as a notice.
An NRI whose total income is only investment income from specified foreign-exchange assets or long-term capital gains, with all tax deducted at source, may skip the return (section 115G of the 1961 Act, section 216 of the 2025 Act). Most NRIs file anyway to claim excess TDS. Schedule FA, which reports foreign assets, is required only of residents other than RNOR; see Schedule FA and the Black Money Act.
Which ITR form should an NRI use?
| Form | Who it is for |
|---|---|
| ITR-1 (Sahaj) | Resident other than RNOR with income up to ₹50 lakh from salary, one house, other sources; cannot be used by NRIs |
| ITR-2 | Individuals and HUFs, resident or non-resident, without business or professional income, at any income level |
| ITR-3 | Individuals and HUFs with business or professional income |
| ITR-4 (Sugam) | Resident other than RNOR with presumptive business income; cannot be used by NRIs |
The portal's own FAQ warns that choosing the wrong form makes the return defective, which means a revised return. ITR-2 covers salary earned in India, house property, capital gains and other sources, and includes holders of unlisted equity shares. The new tax regime is the default; you can opt out in the return if you have no business income. Non-residents cannot claim the rebate under section 87A.
Step by step: how to file
- Confirm your residential status and year. Check the days in India and any ₹15 lakh trigger using India residency rules. Select the correct assessment year: AY 2026-27 for FY 2025-26.
- Gather records. TDS certificates, NRO statements, rent receipts, capital gains reports, tax payment challans and the PAN.
- Log in to the e-filing portal and download AIS and Form 26AS. Reconcile as set out in the portal and AIS guide.
- Choose the mode. File online on the portal or use the offline utility; the common offline utility for ITR-1 to ITR-4 for AY 2026-27 shows a latest version released on October 16, 2026.
- Enter the schedules. Fill the general information, salary and house property, capital gains, other sources and exempt income such as NRE interest, then taxes paid and TDS.
- Pick the tax regime and let the system compute tax and any interest.
- Pay any balance through e-Pay Tax. The portal accepts payments for FY 2025-26 and earlier under the 1961 Act and tax year 2026-27 onwards under the 2025 Act.
- Add your bank account for refunds. The portal asks you to pre-validate it.
- Submit and e-verify. Options are Aadhaar OTP, net banking, EVC from a pre-validated bank or demat account, or a digital signature certificate. An alternative is to post a signed ITR-V to the Centralised Processing Centre in Bengaluru. An EVC is valid for 72 hours.
- Track the refund and keep the acknowledgement.
Deadlines, fees and revisions
| Item | AY 2026-27 (FY 2025-26, 1961 Act) | Tax year 2026-27 (2025 Act) |
|---|---|---|
| Due date, no business income | July 31, 2026 | July 31, 2027 |
| Belated return | Until December 31, 2026 | Nine months from the end of the tax year |
| Late fee | ₹1,000 if total income is ₹5 lakh or less, otherwise ₹5,000 (section 234F) | Same amounts (section 428) |
| Revised return | Window runs to March 31, 2027; the portal rules show a fee for revised returns after December 31, 2026 | Twelve months from the end of the tax year |
| Updated return (ITR-U) | Under section 139(8A), within the time and with the extra tax prescribed | Forty-eight months from the end of the financial year after the tax year |
| E-verification | 30 days from filing | Same |
If the return is uploaded but not verified in 30 days, it is treated as invalid; you may ask for condonation of delay for genuine reasons. For audit cases, the portal's news page reports that the due date was moved to November 21, 2026 for one category, so check the page for any extension. Unpaid tax carries interest under sections 234A, 234B and 234C; see India advance tax and interest.
Documents checklist
- PAN, passport and Indian bank account for the refund
- Form 16A and TDS certificates from banks, tenants and buyers
- AIS, TIS and Form 26AS for the year
- Capital gains statements and property documents
- Challans for advance and self-assessment tax
- A copy of last year's return, particularly for carried-forward losses
A worked example
Lakshmi lives in Aurora and grew up in Chennai. For FY 2025-26 she has NRO interest of ₹2,50,000 and rent of ₹3,00,000. After the 30% property deduction, net rent is ₹2,10,000 and total income is ₹4,60,000. At the new-regime slabs, tax is 5% on ₹60,000 above ₹4,00,000, or ₹3,000, plus 4% cess for ₹3,120. Assume 31.2% was deducted from both payments: ₹78,000 plus ₹93,600, or ₹1,71,600. She missed July 31, so in October 2026 she files a belated return, pays the ₹1,000 late fee because her income is under ₹5 lakh, and claims a refund of about ₹1,68,480 into a pre-validated account.
Mistakes to avoid
- Filing ITR-1 or ITR-4 as an NRI, which leads to a defective return.
- Forgetting to e-verify within 30 days.
- Filing without checking AIS and missing income.
- Skipping the return because TDS was deducted, which loses the refund.
- Waiting past December 31, 2026 for AY 2026-27 and losing the belated route.
U.S. side
Your U.S. return covers the same income, so file the Indian return and the U.S. return from one set of numbers. The Indian refund reduces the Indian tax available for the U.S. foreign tax credit, so keep the filing date and refund in your records and amend the U.S. return if a refund arrives after you claimed the credit. An NRI filing in India does not use Form 67; that is for residents of India. See U.S. taxpayers with India income and assets, FBAR for the accounts that hold the refund, and the India compliance calendar.
How we can help
Our firm in Aurora, Illinois prepares the U.S. return from your Indian figures, claims the foreign tax credit and files the FBAR and Form 8938, working with your Indian CA, who files the return. We do not file Indian returns. See individual tax returns for newcomers and NRIs and cross-border tax for India, Canada and USA. The India hub collects the series.
Frequently asked questions
Which ITR form should an NRI file?
ITR-2 for most NRIs, or ITR-3 if there is business or professional income.
Can an NRI e-file from the United States?
Yes. Register on the portal, e-file and verify with net banking, a bank or demat EVC, or a digital signature certificate. Aadhaar OTP requires a mobile number linked to Aadhaar.
What if I missed July 31, 2026?
File a belated return before December 31, 2026 and pay the late fee.
Do I need to file if TDS was deducted on all my income?
Not always, but filing recovers excess tax and keeps your record clean. Ask your CA.
How long is the verification window?
Thirty days from filing, then the return is treated as invalid unless condoned.
Official sources
- Income Tax Department e-filing portal: Returns and forms applicable for AY 2026-27
- Income Tax Department e-filing portal: ITR-2 FAQs for AY 2026-27
- Income Tax Department e-filing portal: ITR-V FAQs and 30-day timeline for e-verification
- Income Tax Department e-filing portal: e-Verify FAQs
- CBDT: FAQs on Interplay and Transition (return due dates, belated and revised returns, late fee)
- Income Tax Department e-filing portal: ITR downloads and offline utilities
This page summarizes public guidance in plain language. If anything here differs from the official source, the official source controls.
General information only. It is not tax, legal, accounting or immigration advice for your situation, and rules change; confirm the current rules with the official source or a licensed professional in the relevant country.