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Residential status calculation

Tax queries 1424 views 8 replies

 

Can you please help to calculate my resident status for A.Y 2011-12?

I was in India during the previous year 2010-11 for 205 days and during the 4 years preceding the previous year 2010-11, I was in India for less than 365 days.

According to first part of the IT Section 6(1), I satisfy the condition of staying in India for more than 182 days  in the previous year 2010-11. So I can be resident for the AY 2011-12

but

I do not satisfy the second part of the section 6(1) although I was in India for more than 182 days in the previous year 2010-11 but during the 4 years preceding the previous year 2010-11, I was in India for less than 365 days.

Any comments will be highly appreciated

Replies (8)
There is need of satisfying only one of basic condition, therefore u will be resident in 11-12py

Agreed with Mr. Amit...

You are a Resident for the A.Y. 2011-12.

Thanks,

So if i am resident for the AY 2011-12, do I need to pay taxes again in India for the 5 months of salary which I received abroad  and already paid taxes there?

As per Income Tax Act, u need to pay taxes on that income as well, but u should also check Double Tax Avoidance Agreement between India and the country, where u received that salary. Most probably, u will not be taxed twice.

If there is Double Tax Avoidance Agreement between India and that Country, then u have to show the Proof of Tax Deduction of that Country to avoid tax deduction in India.

You are Resident and Ordinarily Resident....check the relevant DTAA that India have with the concerned nation....provisions of Income Tax Act, 1961 or DTAA whichever are more beneficial will apply...in case their is no DTAA, then relief u/s 91 may be claimed.

Can you please tell me the process for DTAA? Where I have to mention the Income earned abroad in the Tax Return and where to get the DTAA form?

Thanks

DTAA is an Agreement (Double Taxation Avoidance Agreement).

This you will get in Income Tax Website...


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