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Residential Status

Offshore oil-rig and continental-shelf workers: when your rig days count as India

You work rotations on an offshore rig, it feels like being abroad, and you assume those days keep you a non-resident, the way a seafarer's days do.

You work offshore on an oil or gas rig, in rotations that feel every bit as much abroad as a ship or a foreign posting. So you assume those rig days keep you a non-resident and your pay out of Indian tax. The catch is where the rig is. India extended its income-tax law to its own continental shelf and exclusive economic zone decades ago, so a rig inside India's designated offshore area is, for tax, inside India, and the days you spend on it count as days in India. A rig in foreign waters for a foreign operator is the opposite. Working out which of your rotation days are Indian and which are foreign, and settling your status and salary from that, is India-side work.
Last reviewed: 4 August 20268 min readReviewed by Preetesh Maloo, CA

The short answer

Whether your offshore days count as being in India depends on where the rig sits. By a 1983 notification (G.S.R. 304(E)), India extended the Income-tax Act to its continental shelf and exclusive economic zone from 1 April 1983. So a rig within India's designated offshore area is treated as within India: those days count as days in India for the residency test, and pay for that work is Indian-source income. A rig in foreign waters, or in another country's zone, is outside India, and those days are days abroad. Rule 126, which excludes a seafarer's voyage days, gives a rig worker nothing, because a fixed or mobile drilling installation is not a ship on a voyage. So the residency answer turns on splitting your rotation days into Indian-zone days and foreign-water days, and your salary follows the same split. For a worker engaged by a foreign operator, the operator's rig can also create a permanent establishment in India, which brings its own withholding under the presumptive oilfield-services rule (Section 44BB). Getting the day-split and the source of each pay stream right is the India-side job.

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Offshore is not automatically abroad: the continental-shelf rule

The instinct that a rig far out at sea must be outside India is exactly the trap. India closed this gap in 1983. By notification G.S.R. 304(E), dated 31 March 1983, made under the law governing India's maritime zones, the Income-tax Act was extended to India's continental shelf and exclusive economic zone with effect from 1 April 1983.

The consequence is direct: for income-tax purposes, India's designated offshore areas are part of India. A rig standing on India's continental shelf, or a vessel operating in its exclusive economic zone, is treated as being in India. So the time you spend working on such a rig counts as time in India for the residency day-count, and the pay for that work is Indian-source income. This is why an offshore worker who genuinely believes they have been abroad all year can be assessed as a resident, or taxed on rig pay they thought was foreign. The feeling of being at sea is not the test; the location of the installation is.

Which rotation days are Indian, and which are foreign

Because the answer turns on location, the real work is splitting your rotations. Days spent on a rig inside India's designated continental shelf or exclusive economic zone are Indian days, and the pay for them is Indian-source. Days spent on a rig in another country's waters, or in international waters for a foreign operator, are days abroad, and that pay is foreign-source.

So a worker who rotates between an ONGC-operated field off the Indian coast and a project in West African or Gulf waters has two different tax answers in the same year, and they have to be separated rig by rig and rotation by rotation. The residency test then runs on the Indian-zone days plus any ordinary days in India between rotations. Two things make this harder than it sounds: the pay is often denominated differently for the Indian and foreign legs, and the boundary of the designated area is a legal line, not a feeling of distance from shore. The documentation that fixes it is your rotation schedule, the field or block each rotation was in, and your passport, read together.

Rule 126 does not help a rig worker

It is natural to reach for the seafarer rule, because the life looks similar. It does not apply. Rule 126 excludes the days of an eligible foreign voyage from the in-India count, but only for a citizen who is a member of the crew of a ship, tied to the sign-on and sign-off dates of a Continuous Discharge Certificate.

A drilling rig or a fixed platform is not a ship carrying passengers or freight in international traffic, and a rotation onto an installation is not a voyage. So there is no voyage-day exclusion for offshore-rig work, and none of the softening that keeps a merchant-navy officer comfortably non-resident. Every Indian-zone rig day, and every ordinary day in India, counts in full. A rig worker who assumes the seafarer treatment applies is the most common way this goes wrong, because it leads them to under-count their Indian days and file as a non-resident when they are not.

The foreign-operator angle: installation PE and Section 44BB

If you are engaged by a foreign operator or service company rather than an Indian one, there is a second layer that affects how your pay is taxed and withheld. A foreign operator's rig or installation, used in India for exploring or extracting oil and gas, can itself amount to a permanent establishment in India under Article 5 of the relevant treaty, often once it is present beyond a duration threshold.

Where that permanent establishment exists, India taxes the connected receipts of the non-resident service provider on a presumptive basis under Section 44BB, at 10% of the gross amounts for services and equipment used in oil and gas work, and the payer withholds accordingly. That is a company-level rule, but it shapes the contract chain you sit in and how your remuneration is characterised and taxed, so it is worth understanding rather than being surprised by. Where the treaty gives a better answer than the domestic rule, the treaty can be claimed. The point for an individual is that offshore pay routed through a foreign operator is not automatically clean foreign income; the installation-PE question sits underneath it.

A worked example: Vikram, on a rig off the Mumbai coast

Vikram earns about 60 lakh rupees a year across his drilling rotations. Last year he spent 120 days on a field on India's continental shelf off the Mumbai coast and 90 days in Gulf waters for a foreign operator, with about 65 more days at home between rotations. He assumed all his offshore time was abroad and that he was a non-resident.

When his CA maps it out, the picture changes. The 120 days on the Indian-shelf field are Indian days, because the continental shelf is within India for tax since 1983, and that pay is Indian-source. Only the 90 Gulf-waters days are foreign. Adding the 120 Indian-shelf days to his 65 days at home gives 185 days in India, over the 182-day line, so he is a resident for the year. His Indian-shelf pay is taxed in India as it always would be, and the Gulf pay is examined under the relevant treaty, with credit for any foreign tax. Vikram is not worse off than the law requires, but he is not the clean non-resident he assumed, and filing as one would have invited a notice. The value was in getting the day-split right before, not after.

What's involved

What the CA actually does

  1. 1

    We split your rotations into Indian-zone and foreign days

    We map each rotation to the field or block it was in, separate India's continental-shelf and exclusive-economic-zone days from genuine foreign-water days, and count them correctly for your residency, because offshore does not automatically mean abroad.

  2. 2

    We settle your residential status honestly

    We add the Indian-zone rig days to your ordinary days in India and determine your status under Section 6, so you file as a resident or non-resident on the real number, not the assumption that all sea time is abroad.

  3. 3

    We source each pay stream and apply the treaty

    We characterise your Indian-field pay as Indian-source and your foreign-water pay as foreign, apply the relevant treaty and credit for any foreign tax, and flag the installation-PE and Section 44BB position where a foreign operator is involved.

  4. 4

    We file the return and defend the day-count

    We file your ITR with the split reflected, and where the department questions your offshore days we defend the count with your rotation schedule and field records, so the position holds.

What to have ready

Documents you'll typically need

  • Your rotation schedule with the field or block for each rotation
  • Passport and travel history for the year
  • Your employment or service contract and salary, split by leg if applicable
  • Which operator engaged you (an Indian operator such as ONGC, or a foreign one)
  • Details of any Indian income and the TDS on it

References on this page

  • G.S.R. 304(E), dated 31 March 1983: the Income-tax Act extended to India's continental shelf and exclusive economic zone from 1 April 1983 (under the Maritime Zones Act 1976)
  • Section 6: residential status by day-count; days on a rig in India's designated area count as days in India (Section 6 unchanged under the Income-tax Act 2025)
  • Rule 126: the voyage-day exclusion is for ship crew only; it gives an offshore-rig worker no relief
  • Section 44BB: presumptive taxation of oilfield / offshore services (10% of gross), where a foreign operator's rig is involved
  • DTAA Article 5: an installation used for exploration or exploitation of natural resources can be a permanent establishment

Frequently asked questions

Common questions

No. It depends where the rig is. Since 1983, India's income-tax law extends to its continental shelf and exclusive economic zone, so a rig in India's designated offshore area is treated as within India, and those days count as days in India. Only time on a rig in foreign waters is time abroad. You have to split your rotations to know your status.

No. Rule 126 excludes a seafarer's voyage days, but it applies only to the crew of a ship on an eligible voyage. A drilling rig or platform is not a ship on a voyage, so a rig worker gets no voyage-day exclusion. Every Indian-zone rig day and every ordinary day in India counts in full, which is why assuming the seafarer rule is the common mistake.

Yes. A rig on India's continental shelf or in its exclusive economic zone is within India for tax, so pay for work there is Indian-source income and taxed here. Pay for work on a rig in another country's waters is foreign-source. If you work both in a year, the two are taxed differently and have to be separated.

It can. A foreign operator's rig used in India for oil and gas work can be a permanent establishment under the treaty, and India then taxes the operator's connected receipts on a presumptive basis under Section 44BB (10% of gross), with withholding down the chain. It is a company-level rule, but it affects how your remuneration is characterised, so it is worth checking rather than assuming your pay is clean foreign income.

Distance from shore is not the test. The test is whether the rig sits within India's designated continental shelf or exclusive economic zone, which is a legal boundary, not a feeling. A rig well out to sea can still be within India's zone and therefore within India for tax. We check the field or block against the designated area rather than guessing from distance.

The exceptions that change the answer

Where the general rule stops applying to you

Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.

Primary residence test: days in India

Right now: 182 days

Where it works differently

The person is an Indian citizen leaving India for employment abroad, or as a crew member of an Indian ship
Only the 182-day test applies. The 60-day secondary test is disabled.
Explanation 1(a) to s.6(1)
Counting days
The day of arrival AND the day of departure both count as days in India.
Settled administrative practice; partial days count as whole days.
The financial year straddles a move
Residence is decided for the WHOLE financial year, not from the date of the move. India has no split-year concept, unlike the UK.
s.6 is a full-year test.

Commonly got wrong

  • You become an NRI the day you leave India. True for FEMA, false for income tax. Under FEMA residence changes on departure with intent; under the Income-tax Act it is a full-year day count.Name which law you mean. Say 'non-resident under FEMA from the day you leave' or 'non-resident for income tax if you are in India under 182 days in that financial year'.
  • India has split-year treatment. It does not. Only the treaty tie-breaker resolves a dual-residence year.Point to Article 4 of the relevant DTAA.

Working offshore and unsure which days count as India?

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