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Dubai crisis—and India’s 182-day tax rules
Mint Bangalore
|March 17, 2026
I'm an Indian passport holder employed in Dubai since September. Due to the current situation there, I may return to India temporarily for safety reasons. If I do so now, my stay in India in FY26 could exceed 182 days. Can I claim that the extended stay was due to circumstances beyond my control? Is there any precedent?
Based on the facts, you left India for employment in FY26 and had been residing in India prior to it. Under the Income-tax Act, 1961, residential status is primarily determined by days spent in India in a fiscal year. An individual becomes a resident if either of the following conditions is met:
Stay in India for 182 days or more in the relevant financial year; or
Stay in India for 60 days or more in that year and 365 days or more in the preceding four financial years.
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