Easy Step-by-Step Guide to Getting a Domicile Certificate in India

Otherwise known as a residence certificate, a domicile certificate means an official document that can be used to prove that an individual is a resident of a particular State/Union Territory. And in this case, in India.

This basically answers the popular question; what does a domicile certificate mean?

This piece of paper is issued by the respective state government/UT administration. With it, people are allowed to peacefully reside in their respective states thereby allowing them to use all the utilities made available by the government.

As an individual, not minding your caste, category or group, you can apply for this certificate.

Before we continue, take a look at the table of content for the Domicile Certificate in India.

Why do we need a domicile certificate in India?

As a woman, getting married to a person who is a permanent resident of a particular state automatically becomes eligible to submit an application for a domicile certificate for the same state. You are to note this importantly.

A domicile certificate is crucial in making available, the benefits of the scholarship schemes implemented by the Indian government.

The domicile certificate is also used for passport and visa application in India.

What is domicile status in India?

In India, an individual taxpayer is taxable based on his/her residential status in the country during the relevant financial year (FY). This determines the scope of taxability.

In order to check the misuse of residency provisions, Finance Act 2020 has brought to bare, amendments that are applicable from FY 2021 onwards.

In India, the residential status of an individual is categorized on the satisfaction of the certain conditions as Resident and Ordinarily Resident (ROR), Resident but not Ordinarily Resident (NOR) or Non-Resident (NR).

ROR is taxable on worldwide income, NR and NOR are taxable on income that is of Indian source. Furthermore, a tax can be deducted from NOR income accrued outside India if the business is controlled / the profession is set up, in India.

To qualify as a resident of India, you are to meet the following conditions:

1. Be present in India for at least 182 days during the current FY; or
2. Be present in India for at least 365 days in aggregate, in the preceding four FYs and for at least 60 days in the current financial year.

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What documents are required for a domicile certificate in India?

As stated earlier, an Indian domicile certificate is a piece of paper issued under the rules and regulations of the state government.

To obtain an Indian domicile certificate,

An individual needs to make available various documents depending upon the rules and regulations of a particular State/Union Territory.

On a general note, you have to make the following documents available in order to obtain a Domicile Certificate in India:

• Fill an application form.
• birth certificate which will serve as an age proof;
• three passport photographs;
• Proof of identity such as a Self-declaration form.
• property ownership documents;
• proof of occupation;
• copies of education (school) certificates;
• Photocopies of all documents required for application and with a due attestation by an official of the Indian government.
• copy of a National Identity Card (NIC), or a Form ‘B’ for applicants less than 18 years of age;
• A copy of the NIC and a certificate of domicile of the father/mother/guardian, if an applicant is less than 21 years of age;
• bills for utility. A copy of a rental agreement can also be accepted;
• for the married (men/women), photocopies of the spouse’s NIC, spouse’s certificate of domicile and copies of children’s birth certificates or their forms ‘B’

Can the Aadhar card be used as a domicile certificate?

Aadhaar number is a 12-digit random number from the UIDAI (“Authority”) to the residents of India after a successful verification process laid down by the Authority.

UIDAI is an acronym that stands for the Unique Identification Authority of India (UIDAI. It is a statutory authority under the provisions of the Aadhaar.

Aadhaar is a Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (“Aadhaar Act 2016”) on 12 July 2016 by the Indian Government, under the Ministry of Electronics and Information Technology (MeitY).

The Aadhaar Act 2016 underwent an amendment by the Aadhaar and Other Laws (Amendment) Act, 2019 (14 of 2019)

UIDAI was created for the issuance of Unique Identification numbers (UID), named as “Aadhaar”, to all residents of India.

The UID is known for being;

(a) robust enough to eliminate duplicate and fake identities, and

(b) Can be easily verified and determined as real in an easy, cost-effective way. As a proof to this, the Authority has issued on 31 March 21, the Authority has issued 128.99 crore. Aadhaar numbers to the residents of India.

Under the Aadhaar Act 2016, it is the responsibility of the Unique Identification Authority of India to enrol individuals for Aadhaar and authentication, including operation and management of all stages of Aadhaar life cycle, developing the policy, procedure, and system for issuing Aadhaar numbers to individuals and perform authentication and the security of identity information and authentication records of individuals.

Any individual, notwithstanding age and gender, who is residing in India, may voluntarily enrol to obtain an Aadhaar number.

An Aadhar card is only proof of identity and not proof of residence, hence, it is not a domicile certificate.

What is the difference between nationality and domicile certificate?

Domicile denotes the residence of an individual, while nationality denotes the relationship of man with his country.

Citizenship refers to the political status of a person, while Domicile refers to his civil rights.

How to Get a Domicile Certificate in India.

In getting a domicile certificate in India, you can either go through an online or offline means.

There’s a step-by-step guide on how to get a domicile certificate in Indian and they include:

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1. Online Application Procedure

As an applicant, you can apply for a domicile certificate in India by following the procedures outlined below:

Step 1: The applicant must visit the official web portal of the Indian Government. To do this, you are to log on to https://www.india.gov.in/

Step 2: While on the home page, to will see several options to choose from depending on what you want to do. Click on the “Apply for Certificates Online” option.

Step 3: Here, you have to log in with your User ID and Password. Hence you need to create a User ID and password with which you will log in to your account on the platform. While creating this User ID and Password, do ensure that you create a strong password that one wouldn’t easily guess so as not to put your account at risk. Currently, there is an automation that helps you ensure that the password you create for an account/registration online is a strong one. If you do follow that prompt, you are sure to create a strong password.

Step 4: Afterwards, you would see several options under the “Apply Online” menu. You are to click on the “Apply for services” option.

Step 5: After clicking on the “Apply for services” option, you are to click the “Apply” button to apply for the Domicile Certificate in the below application form.

Step 6: At this stage, you are to fill all the necessary details in the application form as requested and make available all the required documents. Afterwards, click on the “submit” button.

Step 7: After the submission of the application form, an acknowledgement number will be sent to you which is your domicile certificate number. Do well to take print of the acknowledgement received.

Offline Application Procedure

To apply via the domicile certificate offline application procedure, you can approach the Sub Divisional Magistrate (SDM) of the concerned area or office of the Deputy Commissioner to apply for the domicile certificate.

Also, after the successful completion of the registration process, you are to download or print the complete application from the official website.

NEET in India and what you should know about it.

NEET is an acronym that stands for National Eligibility cum Entrance Test.

Aspirants qualifying for the National Eligibility cum Entrance Test (NEET) can get admission to state quota seats and private institutes in India.

Indian state domicile NEET candidates receive 85% state quota from every government medical and dental colleges.

While there would be a reservation of 15% seats from the government colleges for All India Quota (AIQ) candidates, they are to note that the state counselling bodies will also be conducting NEET UG.

There’s usually a confusion between NEET 2023 students willing for admission to 85% state quota seats and private universities. They are both on NEET domicile rules.

Applicants are to note mandatorily that being a NEET domicile means the candidate must be a permanent resident of the Indian state.

For the facilitation of the state domicile candidates, those who fulfil the NEET 2023 state domicile eligibility will receive admission by the state counselling authorities.

Facts/Terms to Note about Domicile and the Domicile Certificate

The following are terms and facts to note about a domicile certificate in India. They include;

What is Domicile?

Domicile is a broad legal concept. On a general note, you will be domiciled in the country where you consider your ‘roots’, or the country where you have your permanent residence.

Also note that a domicile certificate is not the same as nationality, citizenship or residence. Every individual in India and other countries have a domicile certificate. This is originally acquired at birth.

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How does domicile affect tax?

If an individual does not have foreign income and gains then his/her domicile status has no bearing on the Income Tax or Capital Gains Tax position. And you do not need to put that into consideration.

An individual’s domicile status can be relevant for Inheritance Tax and such a fellow is to consult the Customer Guide of Inheritance Tax for more details.

How to Choose your domicile

In order to gain a domicile certificate of choice, it is mandatory to show the following: 

You have a permanent residence in the country in which you now consider yourself domiciled; 

You must have the intention of staying there for the rest of your life;

On a general note, such an individual must break his/her ties with the country of his/her domicile of origin

Changing of Domicile Certificate

Individuals are to note that they can change their domicile after the age of 16.

The main criteria for the change of one’s domicile will commonly include as an absolute minimum,:

• Leaving the country in which you are domiciled and settle in another country.
• Providing strong evidence that you have the intention to live in your new place of residence permanently or indefinitely.

What Does Domicile mean in Law

Domicile describes the nation that a person treats as their permanent home, or lives in and has a substantial connection with.

The domicile of an individual is the place of residence he/she intends to return to if they currently reside in another place of residence.

It’s crucial to note that there’s a difference between domicile and residence.

What are the Types of Domiciles?

On a general note, there are three kinds of domicile and they include: 

1. domicile of origin, 
2. of choice, and 
3. domicile by operation of law.

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Conclusion

Domicile certificate in India is a very important certificate that a resident of India needs. It is an official document that shows an individual is a resident.

To apply for your domicile certificate, you need:

• birth certificate;
• three photographs;
• property ownership documents;
• proof of occupation;
• copies of education certificates;
• copy of a National Identity Card (NIC), or a Form ‘B’ for applicants less than 18 years of age;
• A copy of the NIC and a certificate of domicile of the father/mother/guardian, if an applicant is less than 21 years of age;
• Bills for utility. You can also submit a copy of a rental agreement;
• for the married (men/women), photocopies of the spouse’s NIC, spouse’s certificate of domicile

References

• www.buddy4study.com/
• https://cleartax.in/
• hmazeem.blogspot.com/
• https://www.india.gov.in/
• uidai.gov.in/
• https://www.sarvgyan.com/

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