Double taxation avoidance

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 December 2012 I am an indian citizen. I have been living in UK for over four years, working for the same company.
April to August 2012 I have worked for this company in UK.
September to December 2012 I have been based in India and worked for the same company's office in India. I was on secondment, so the UK corporate paid me and charged it back to the India corporate
In January 2013 I am about to terminate my contract with the UK corporate and simultaneously enter into an employment contract with the India office.
I have already paid UK tax on my income till Dec 2012. Now that I will be spending more than 180 days this financial year, will I also be liable for tax in India? Any idea how this would work?
Any advise will be much appreciated.
Thanks

Amol S Joglekar

Amol S Joglekar (Expert)
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27 December 2012 Income earned in India will be made taxable in India. Income earned in UK is not taxable in your case. (Financial year: 01/04/2012 to 31/03/2013)

Querist : Anonymous

Querist : Anonymous (Querist)

27 December 2012 But I have already paid tax in UK. Would I need to claim this back and pay it to the Indian authorities?
Thanks

Amol S Joglekar

Amol S Joglekar (Expert)
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27 December 2012 01. April 2012 ro Aug 2012 : You were at UK and the income was taxable in UK. This income is not taxable in INDIA.
02. Sept. to March 2013 : The income you will get in India is taxable in India.
03.If there exists any portion of income which is taxed DOUBLY, then will come the question of "relief" Please clarify.

Querist : Anonymous

Querist : Anonymous (Querist)

01 January 2013 Hi Amol,
The income I got from Sept to Dec 2012 was already taxed in UK, as it was paid by a UK company.
As per your response, it was taxable in India. How should I claim relief such that I dont end up paying twice?
Thanks

Amol S Joglekar

Amol S Joglekar (Expert)
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02 January 2013 You can get the relief of the taxes paid at UK; while paying income tax in India.

CA. Anuj Gupta

CA. Anuj Gupta (Expert)
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14 March 2013 The whole income earned (in UK as well as India) shall be taxable in India in the present case.

However credit for taxes paid in UK can be claimed.

Anuj
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