# FATCA query



## fionaa (Nov 15, 2015)

i am in UK for last 5 years and on ILR. I was working in the uK but presently not so i am not paying any income tax. Hence, not filing tax returns in the UK.

I am taking life insurance in India and they want me to complete the FATCA declaration form which asks for details like which all countries I am tax resident of.

Before coming to UK, I was earning in India and was paying tax and filing tax returns. I have continued to do it even after moving to UK (file tax return in India).

Please could someone guide me here: Am I tax resident of UK or India or both? 
Any other relevant info to fill FATCA declaration form would be very helpful.

FATCA form is similar to this: 
https://www.hdfclife.com/documents/apps/fatca-crs-annexure-new-business20170619-084823.pdf


Many thanks.


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## Moulard (Feb 3, 2017)

Given your ILR and domicile in the UK you are a tax resident of the UK.

You could be a tax resident of India if you were:

Physically present in India for a period of 182 days or more in the tax year (182 day rule), or

Physically present in India for a period of 60 days or more during the relevant tax year and 365 days or more in aggregate in four preceding tax years (60 day rule).

If neither applies, you are only a tax resident of the UK.

That said India also has a Resident but not ordinarily resident (RNOR) category, 

A resident individual is treated as RNOR in India if he/ she satisfies any one of the following conditions:

He/ she has been Non Resident of India in nine out of 10 tax years preceding the tax year for which residential status is being determined.
Physical presence in India is less than or equal to 729 days during seven tax years preceding the tax year for which residential status is being determined.

However I would assume this category isn't relevant in this situation, as it is more around taxation of certain Indian sourced income


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## fionaa (Nov 15, 2015)

Simply superb answer and great clarity. 
Very very thankful for your help @Moulard


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