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Elective Taxation In Nepal

Taxation In NepalTU Board 2080

Thomas is foreign citizenship holder arrived in Nepal on 1st Baishakh 2078 and stayed in Nepal till the end of Kartik, 2079. Required: His residential status for the income year 2078/79 and…

2

Thomas is foreign citizenship holder arrived in Nepal on 1st Baishakh 2078 and stayed in Nepal till the end of Kartik, 2079. Required: His residential status for the income year 2078/79 and explanation as per Income Tax Act.

Answer

· Based on the official syllabus and past papers
Updated

Thomas’s residential status for the income year 2078/79 is determined under Section 2(10) of the Income Tax Act, 2058 as follows:

  1. Arrival and Departure Dates:

    • Arrived: 1st Baishakh 2078 (April 14, 2021).
    • Departed: End of Kartik 2079 (November 29, 2022).
    • Total Stay: 18 months (April 2021–November 2022).

  2. Residential Status Rules:

    • A foreign citizen is a resident if they stay in Nepal for 183 days or more in a fiscal year or for 60 days or more in a fiscal year and 365 days or more in total across two consecutive fiscal years.
    • Here, Thomas stayed 18 months (547 days), exceeding 183 days in 2078/79 alone.

  3. Conclusion: Thomas qualifies as a resident for 2078/79 under Section 2(10)(a) due to his 183+ days of stay in that fiscal year. His foreign citizenship does not affect this classification.

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