Individual nri taxation

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Querist : Anonymous

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Querist : Anonymous (Querist)
21 September 2016 (i) If resident person is out of india for 170 Days. can he spend remaining days on tour for taking NRI advantage.

(ii) if person working in india and sent onsite by indian company for more than 182 days . indian company deducting tds
how he can claim tax deducted amount. why indian company deducting tds if he is NRI

21 September 2016 01. yes, he can stay outside to be Non Resident.
02. The income earned in India is taxable even in the case of Non Resident. That could be the reason why Indian Company has deducted tax

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Querist : Anonymous

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21 September 2016 Amol sir

.if person will be outside India for 170 days for the next financial year excluding departure and arrival date. he already started one NRI account. For getting the NRI status how many days more he need to be outside India.? What are the countries he can visit(nearby) to complete the stipulated days in foreign country?



2.If he is unable to get the NRI status what are the ways of evading tax.





















21 September 2016 01. Please understand the difference between 2 words meticulously. ok?
Evasion : Bad at law. So, at least I do not know the way to EVADE tax, sorry
Avoidance : Good at law. This is called as Tax Planning.

02. NRI as per Income Tax and NRI as per FEMA. Both are different.
For income tax the limit of stay is 182 days.

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Querist : Anonymous

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21 September 2016 Ok Sir, Sorry for using word 'EVADE'.

Could you please give me reply of query 1 (what are countries.......)


Thanks in advance.

21 September 2016 he can visit Nepal, Bhutan, Sri Lanka, Myanmar...any thing of his choice for 12 days...Bhutan is a good place to visit

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Querist : Anonymous

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21 September 2016 Sir, one more doubt, if indian company sent outside india on a assignment/project, then person getting salary from foregin company after deducting tds in foreign account.

my doubt is this if indian company also paying salary then why its deducting tds as he is not rendering service in india but receiving payment in india .
indian salary will be taxable for NRI on receipt basis.



21 September 2016 Actually I already answered this query, but it seems you are not satisfied. No problem. Let me try one more time.
See there are 2 basic rules of international taxation.
01. Residence Rule : This rule says that the country in which the person is residing has the RIGHT to tax the income of the person whether earned in the home country or foreign country
02. Source Rule : This rule says that the country from which the income arises can tax the same (Irrespective of the fact whether the person is resident or non-resident).......this makes it necessary to tax the salary earned in India although the services may be rendered outside india
Your view please.

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Querist : Anonymous

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21 September 2016 sir, can i get any link/ matter regarding source rule so that i get more knowledge and update myself

21 September 2016 https://en.wikipedia.org/wiki/International_taxation

http://www.incometaxindia.gov.in/pages/international-taxation.aspx

http://www.taxpolicycenter.org/briefing-book/how-does-current-system-international-taxation-work

http://www.slideshare.net/sreenivasanfca/international-taxation-to-begin-with


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