How to find out residential status of a Hindu undivided family Section 6(2) of the Income Tax Act

A Hindu undivided family (like an Individual) is either resident in India or Non-resident in India.

A resident Hindu undivided family is either ordinary resident or not ordinary resident.

When a Hindu undivided family is “Resident”

  • Control and management of affairs wholly / partly in India and partly outside India 

When a Hindu undivided family is “Non-resident”:

  • Control and management of affairs wholly outside India

When a resident Hindu undivided family is “ordinary resident” or “Not ordinary resident”: Read How to determine residential status of an individual under Section 6(1) of the Income Tax Act


A resident Hindu undivided family is an “ordinary resident” in India if Karta or manager of the HUF satisfies the following two additional conditions –

  1. Karta has been resident in India at least 2 out of 10 previous years immediately preceding the relevant previous year
  2. Karta has been present in India for 730 days or more during 7 years immediately preceding the previous year

If Karta of HUF does not satisfy the two additional conditions, the HUF is treated as resident but not ordinary resident. Read How to Determine Residential Status of a Company under section 6 of the Income Tax


Reference: section 6 of Income Tax Act, 1961

Residence in India

For the purposes of this Act,—

(1). An individual is said to be resident in India in any previous year, if he—

  1. is in India in that year for a period or periods amounting in all to one hundred and eighty-two days or more ; or
  2. having within the four years preceding that year been in India for a period or periods amounting in all to three hundred and sixty-five days or more, is in India for a period or periods amounting in all to sixty days or more in that year.

Explanation.—In the case of an individual,—

  1. being a citizen of India, who leaves India in any previous year as a member of the crew of an Indian ship as defined in clause (18) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958), or] for the purposes of employment outside India, the provisions of sub-clause (c) shall apply in relation to that year as if for the words “sixty days”, occurring therein, the words “one hundred and eighty-two days” had been substituted ;
  2. being a citizen of India, or a person of Indian origin within the meaning of Explanation to clause (e) of section 115C, who, being outside India, comes on a visit to India in any previous year, the provisions of sub-clause (c) shall apply in relation to that year as if for the words “sixty days”, occurring therein, the words “one hundred and eighty-two days” had been substituted.

(2). A Hindu undivided family, firm or other association of persons is said to be resident in India in any previous year in every case except where during that year the control and management of its affairs is situated wholly outside India.

(3). A company is said to be resident in India in any previous year, if—

  1. it is an Indian company ; or
  2. during that year, the control and management of its affairs is situated wholly in India.

(4). Every other person is said to be resident in India in any previous year in every case, except where during that year the control and management of his affairs is situated wholly outside India.

(5). If a person is resident in India in a previous year relevant to an assessment year in respect of any source of income, he shall be deemed to be resident in India in the previous year relevant to the assessment year in respect of each of his other sources of income.

(6). A person is said to be “not ordinarily resident” in India in any previous year if such person is—

  1. an individual who has been a non-resident in India in nine out of the ten previous years preceding that year, or has during the seven previous years preceding that year been in India for a period of, or periods amounting in all to, seven hundred and twenty-nine days or less; or
  2. a Hindu undivided family whose manager has been a non-resident in India in nine out of the ten previous years preceding that year, or has during the seven previous years preceding that year been in India for a period of, or periods amounting in all to, seven hundred and twenty-nine days or less.

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